New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-07-04
END NEARS At BOISE.
REBUIT4L ON MONDAY.
Hay1rood Defence Continues Along
It's VayiOus Lines.

the defence unless the connecting testimony that
has been promised is forthcoming. Clarence Oar
row, for the defence, had previously announced
that his side might he able by Saturday
evening, although it might be necessary to let the
calling of Haywood and Meyer go until Mon
day. and following informal conference with
counsel, Judge Wood directed the prosecution to
he ready on Monday with its case in rebuttal.
James II. Hawley, senior counsel for the state
said in reply that it the intention of the state
to present series OF motions dealing with the evil
dence presented by the defence. Messrs. Darrow
and Richardson their feet instantly to say
together that the defence also would have some
motions to make so that the end of this week or
the early part OF next the taking OF testimony
will probably be interrupted for an extended aTEu-
meut on tie admssihility of mass of evidence
already in the record. There were many vacant
benches in the courtroom when the trial opened
1t was announced that Juror No. I. II. +. Masse-
car had been i'll during the night. Judge Wood
asked Mr. Massecar if he felt able to go ON to-
day. Upon receiving an affirmative reply the court
informed the juror that if at any time he feels 1t
necessary the trial will ne interrupted until he in-
proves
The prosecution asked the court direct W. T,
Davis, one of the leading witnesses for the de-
fence, 10 remain within the jurisdiction OF the
court, as he would be wanted again The order
was issued.
Francis G Clifford q life insurance solicitor Of
Sterling. col. the first witness. Clifford said
he moved from Scranton, Penn, to Denver In
April. 1865 He rented desk room in George A.
Pettiboues store in Denver holding il from April
until November 1850 The witness met Orchard
under the name of Thomas Hogan. Pettibone
making the intTOOuCtlOn Orchard came around
the store just rs dozens of others did. according
to the witness who described the store one
big room. There also undivided cellar
beneath.
PETTIBONE CASHED CHECK FOR ORCHARD
Orchard told me one day that he was making
lots of money selling hail insurance" declared
Clifford. He then turned to Pett!bone and asked
him TO cash check. Pettiboue looked at the
check and said he did not have enough money. lie
offered to give orchard much as he had
Orchard said he would take what Petubone had
al 81 "a
The next time I saw Orchard he told he
going TO Alaska. This in June. 800
Clifford said he light in PcttibOne's
cellar al night hut once-in October. 1875.
on Cross-eXamination the witness said he heard
in June. 1905. that HoEan's real name was Orchard
Petubone did not tell him He asked Pettibone
about it, however. ana the latter said he believed
Hogau's right was Orchard.
As TO the check. Clifford said he did not
who il was from nor the amount OF it.
Joseph c. Barnes. living Montrose. Col.
was the next witness He said that he and George
w. Ridder Pinkerton operative No &c. were chuns
and fellow members OF the union Telluride
Barnes declared that RiddeT was constantly suC-
costing violence. He proposed to roll two kegs OF
dynamite down a hill into the Liberty Bell mine;
he advised the miners To punch" any of the
deputies or bad men" who looked cross; told them
to burn the town OF Telluride. to beat up any
men who started to work and run them out Of
town.
Barnes was most loquacous witness. and con
stantly brought laughter ny his ready and extended
replies After being deported from Telluride Barnes
said he back the town I'm a barrel. The
militia discovered him. but he escaped by climbing
a tree, lie saw orchard and Riddeu together once
in Telluride.
Cross-examircd by Senator Borah. Barnes said
he had never engaged in any criminal act with
RiddelI
Did You ever contemplate n crime?"
Yes. sir. When started back 20 Telluride I
made UP my mind to XIII any who stopped
me-
Did you?'
NO. sir: the militia got me-"
Did Riddell say he would help you kill any
body
NO but he said he would do tho Same thing"
Barnes was member Of the strike committee in
the Telluride district. He said that in December
1910" all the members OF the committee I'm
favor OF calling the strike of except Riddell, who
said he would not stand FOR t.
Pat" Moran. the Cheyenne saloonkeeper whom
orchard said was sent by him from Cheyenne ."
Denver to get 500 from Pctiibone was next called
TO the stand Moran said he worked for Petit
hone in Denver. selling clocks ana lamps and other
goods on the instdlment plan
MORAN DENIES GOING OK ERRAND
Moran not only denied going to Denver on any
mission for Orchard. but said he did know
that Orchard in his saloon.
johnny" Neville and his and man whom
they called Shorty" were around there for Sow
eral days. Moran said he had tried 10 identify
Orchard since coming Boise. but could not posi-
lively say h" was the man who in his place
lie had Identified young Neville however
Moran says he saw ". +. Davis with the Neville
party in the saloon one day. He had met Davis in
Denver. Under cross-eNamination Moran said that
ne and Davis fishing together I'm Cheyenne
ON al the dam ihey ran across tn" NeviHes ami
orchard. Tho entire party slept together In the
woods that night. Davis and Moran being bunk
During the afternoon, Moran said that he and the
Neville boys nshed tl;ethor, and Orchard. Davis
and the older Neville went up the creek together
Did ii occur to ltpu," asked Senator Borah
that they were sending you away with the boys
they could talk"
II did think about that afterward" said Moran
John Dennis former Cripple Creek miner
when introduced as witness said he knew a
Pnkerton operative named Beckman. who as n
member Of the union, got I'm meeting ono day
and declared he tired OF peace and thought
something ought To he done lie declared out
Of order oy the president.
George 3. Breen. formerly a railroad conductor
al Cripple Creek, and who a witness several
days ago. recalled to tell Of taking General
Sherman Bell and company of militia to Dunn
VILE Col. to round up some union men who had
taken to the hills Breen said that five uniformed
men acted Bells bodyguard. They carried
sawed-off shotguns and six-shooters. The defence
laid emphasis upon the sawed-on shotguns. Or
chard in his testimony. referred constantly to
weapons Of this character which he said he got at
the miners headquarters. Breen told Of the fight
three miners up the hill DunnviIle aud OF the
militia firing at them. one OF the men killed.
Several others were captured and their camp loot
ed In the camp the soldiers found two broken
down shotguns. one rife. n sx-shootcr. a pair of
scissors knife and fork and a OF sardlnes.
Mr.. Darrow. when asked the purpose Of this
testimony by the court said it was TO show part
the general conspiracy to crush the Western
Federation Of Miners The court then adjourned
for the luncheon
David c. Coates former Lieutenant Governor OF
Colorado, formerly newspaper man of Wallace.
Idaho the first witness at the afternoon
sion. Mr.. Coates is the man Orchard said sug-
geste6 the kidnapping of of the Paulson chill
dren in Wallace, Paulson being IA former partner
of Orchard in the Hercules mine,
Examined by Mr. barrow, Coates said he had
been a newspaper man practically all Of his life.
He had set type, reported and published his own
paper. belonged to the International
Typogra phical Union. but never in any way
connected with the Western Federation of Miners
The witness was Lieutenant Governor of Colorado
under Governor James b. Orman. He knew Hay
wood. Meyer and PettibOne in Denver, and met