The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-07-04
Attorneys for Prosecution In
Haywood Trial Serve Notice
of Motions to Strike Out.
HEARING OF TESTIMONY
MAY BE LONG DELAYED
Defense Continues to Attack
Orchards Story; Shows Pink
ertOns Advised Violence.

BOISE, July AT the adjournment
of the Steunenberg trial today the pros
ecution served notice of its intention
to submit series of motions to striks
out evidence of the defense, unless thu
connecting'up testimony that has beeH
promised is forthcoming Clarence Oar,
row, for the defense, had previously
announced that his side might be abls
to rest by Saturday evening, although
1t might be necessary TO let the calling
OF Haywood and Meyer go over until
Monday, and following an informal con.
ference with counsel Judge Wood di>
rected the prosecution to be ready on
Monday with It's case in rebuttsI.
James W. Hawley, senior counsel for
the State, said in reply that it was the
intention of himself and his assistants
to present series Of motions dealing
with the evidence presented by the de-
fenso. Messrs. Darrow and Richardson
were on their feet instantly TO say to-
gether that tie defense also would heve
some motions TO make, so that at the
end of this week or the early part Of
next the taking of testimony will prob.
ably be interrupted for an extended ar.
gulncnt on the admissibiIity of mass
of evidence already in the record.
Strong Showing of Defense.
The defense operated today alona
nearly all of its lines. There were
attacks on Orchard s testimony at sew
eral points, there was showing that
union miners had been abused by the
mine owners and militia at Crippls
Creek and Telluride, there was a show
;Cg that Pinkerton agents had advised
violence and endeavored to prolong q
strike, woman who served with the
relief committee that looked after the
families Of the deported miners at Grip
PIE Creek swore that she had been twice
arrested and twice warned that If she
persisted in her work she would be
dep, ted, and another woman located
Orchard with Detectives Scott and Ster-
ling the night of the second attempt to
wreck the Florence s. Cripple Creek
railway train.
Two of the witnesses were men who
figured conspicuously in the testimony
of Orchard. They were David Coates,
former Lieutenant Governor of Colo
RADIO, and Pat Moran, formerly sa-
looukeeper of Cheyenne. Coates posi-
lively denied Orchard Is version of the
plot to kidnap the children of August
Paulson, and Moran denied that ne
made a trip from Cheyenne to Denver
after the Independence station was
blown up for the purpose of getting
$500 from George A Pettibone for Or
chard
One Juror Not Well.
AS for several DAYS past. there were
many vacant benches in the courtroom
when the morning session of the Hay
wood trial opened today,
It was announced that Juror Ne. IL
F. Massecar. had been quite Iii during
the night. Judge Wood asked Mr. Mas
secar If he felt able to proceed today.
Upon receiving an affirmative reply. the
court informed the juror that II at any
Time he felt il necessary the trial would
be interrupted until he was in better
physical condition.
The prosecution asked the court to
issue an order directing W. F. Davis,
one of ,he leading witnesses for the de-
as he would be wanted again, The or
der issued.
Francis Iin CLIFFORD oo life InSSrqnss ,Ss nrss
witness of the day Clifford said he
moved from Scantou, Pa, TO Denver in
April 1905. FIe rented desk room In
holding it from April until November,
1906. The witness met OrchaTo unoer
the name b of hosaT ess
around the store just dozens OF others
did. according to the witness, who de-
scribed the store as one big, room. There
was also an Individual cellar beneath.
Orchard told me one day that he
was making lots OF money money selling !.r nan
turned TO Mr.. Pettibone and asked him
TO cash check. PettLbone looked at the
check and said he did not have enough
money He offered to give Orchard as
much as he had. Orchard said he would
ake what Pettibone had and get the bal
..Tbe next time l saw Orchard ne told
ne he was going to Alaska. This was in
cellar at night but once
n October, 1905.
on cross examination the witness said
le heard in June. 1905. that Hogans real
lame was Orchard, Pettibone did not
ell him, He asked Pettlbone about the
matter however. and the latter saiu De
hard
AS to the check. Clifford said he did
lot see VINO III Was from or tlie amount
" IL.
Pinkerton Preached Violence
Joseph c. Barnes. living near Moncrose.
,olo was the next witness He said
hat he and George W, RIddell, Plnkerton
perative No 81. were chums and fellow
Members OF The union at Telluride
sarnes declared that RIddell was con
tantly suggesting violence. He proposed
o roll two kegs OF dynamite down a hill
nto the Liberty Bell mill, lie advised the -
miners TO punch any of the deputie'
II bad men who looked cross, to-
hen, 10 burn the town OF Telluride