The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-06-29
, ORCHARD ALIBI.
Two Witnesses Swear That He.
Was Not at Wardner
On the Day the Sullivan Mill
Was Blown Up.
WAS PLAYING POKER
With Them i'm Mullen Is Miles
From the Scene.
Testimony as to Cruelties In
flicted at the Bull Pen.
WAS PLAYING POKER

Boise, 1danO, June Z9.-Ihe Qe1enSe IN
the Steunenberg murder trial began this
morning with further attack on the
testimony of Harry Orchard and then
presented testimony to show that Jack
Simpkins was cruelty treated in the
Idaho bull pen and that union miners
were whipped and driven from Cripple
Creek.
Dominick Flynn, who conducted a
cigar store in Mullen, Idaho, in 1899,
swere that Orchard was in his store
playing poker the day that the Bunker
Hill and Sullivan mill was blown up,
and Pat McHale, who gave the occu-
patton of barkeeper and said he gam
bled whenever he got a chance, swore
that he sat in the game with Orchard.
Frank Hough, who testified to con-
y 1iticns in the Idaho bull pen and the
treatment Of Jack Simpkins, swore that
Orchard told him at Wallace in the
fall of 1905, that he had just come from
Alaska, the first mention in the case
of the defense of the supposed visit of
Orchard to Alaska Morris friedman,
a former employee of the Pinkerton de-
tective agency, who recently left the
service and published a socalled ex-
pose of Pinkerton methods, was called
to the stand shortly before noon.
Evidence in Detail
The trial proceedings began today
with the introduction of Dominick
Flynn of Mullen, Idaho, who testified
that he was merchant. Flynn de-
clared that Harry Orchard on the 29th
of April, 1893. the day of the explosion
at the Bunker Hill and Sullivan mill
was playing poker in his place. This
was the second witness to testify that
Orchard was playing poker in Mullen
the day he says he helped light the
fuses under the mill at Wardner Is
miles distant.
The poker game lasted from noon I'M
I 4 HTr-r1v1 Il
Cross-examined by Senator Borah
Flynn declared he had never been a
member of the Western Federation of
Miners or any other labor organiza-
and half and the man often played
poker at his place. The witness gave
the name of several persons who were
in the game the day of the explosion.
He never saw Orchard after that day.
Flynn declared he had not volunteered
the information as to Orchards where
abouts. Some time after his arrest a
man came to him and asked if 1T was
true that Orchard played poker in his
store April %. One of the men who
played with Orchard was named Pat
rick McHale. Flynn said he had spo-
ken to McHale about the matter since
Orchards arrest.
McHale who is a bartender in Null
len, followed Flynn on the stand.
Swears to Orchard Alibi.
He said he played poker with Or
of April, 1899, and had never seen the
man since. On cross examination Nc
Hale said he gambled a great deal
It's your profession, isn't 2" ask
ed Senator Borah.
mo sir, I'm bar tender"
How often do you gambler
Every time 1 get a chance
McHale said the poker party was
made up of Forest Clark, now a retir-
ed mining man; Colonel Moore, an
electric light and water man; Domin-
lex Flynn, Harry Orchard and him
self. DR. MCGEE was in the place
during the day, but did not play. =
The witness declared he was post
tive Orchard was not at Wardner the
day of the mill explosion.
Then" said Senator Borah. Cor |
chard had nothing to fear so far as be-
ing mixed up in that matter was con-
cerned?" |
NO. sir
and he had no reason to sacrifice
his property and get out?"
Mr.. barrow on redirect examination
asked:
"All the union men were arrested
lem An
That's ALL"
Did they arrest you?" asked sena-
tor Borah. ...,..-.....
"Or Colonel Moore or DR.. MCGEE ?"
Whom did they arrest ."
Well, they arrested every man in
Mullen except the saloon Keepers
In Prison With Simpkins.
Frank Houghs a member of the
western Federation of Miners from
wallace, Idaho, was in the Dull PEN
IN 1899, and was called to testify as to
the conditions in the military prison.
He said Jack Simpkins. accused of
completely in the Steunenberg murder
was a fellow prisoner
row. 'Neu Lar
yes. SIR
What for?''
To find what had been arrested
Did you succeed? p" -.--
No. sir"
The prosecution objected to this +es-
timony as to the "buIl pen" but # was
auoWed upon the statement of Mr.
l harrow that it was intended to show
me motive of Simpkins for acting with
,Srehard. both men. it being alleged,
having a personal grudge against CSov-,l
ernor Steunenberg. Il
Hough said from 800 to 400 miners
were crowded in the bull pen during
me not months of the summer of !
4 $50 One-quarter of the men wera
III most of the time. The prison was
9 arded by the troops of the regular
row. Lar
"Colored troops"
was 1t the same regiment that af-
terward went to Brownsville re-
1Tated the witness. somewhat puzzled;
can't say as to that" - '
we are not going to investigate l