Los Angeles herald., 1907-07-16
WARRANT CHARGES HIM
WITH PERJURY
is HELD UNDER BONDS OF FIVE
THOUSAND DOLLARS
Entire Afternoon in Haywood Case
Given over to Witnesses Who
Contradict Evidence Given
by AlIer

BY Associated Press.
BOISE, July 15-Another warrant charg-
ing perjury against witness who has tes-
tiled for the defense in the case OF the
state of Idaho against William d. Hay
wood was isued tonight.
C. w. Aller, formerly telegraph ope-
rator and ticket agent at the depot OF the
Florence & Cripple Creek railway at
Cripple Creek, Colo, is charged with the
offense by the prosecuting attorney OF
Ada county.
Auer was arrested Immediately and held
under $4,000 bonds
Both Aller and MCGEE, who was ar
rested on the same charge, were given an
opportunity to furnish bonds, and the pre-
liminary hearing will be set, to take place
within the next few days.
Eleven witnesses in rebuttal were exam
ined today in the Haywood trial.
Harry Orchard reappeared on the stanu
and was asked few questions as to his
acquaintance with some of the witnesses
for the defense who have testified as to
his movements.
On being turned over for cross-examin"
alton he admitted that his uncle, Peter Nc
Kinney, committed suicide by hanging
thirteen or fourteen years ago.
Counsel for the defense asked Orchard
if his uncle was not insane before he
killed himself, and also tried to show by
the'witness that his maternal grandfather
was insane his monomania being imag-
mary crimes committed a long time ago
in ireland.
Orchard denied all knowledge of the
grandfather, but admitted that his uncle
was demented.
AIIer Contradicted
The entire afternoon session was taken
IN to the examination of witnesses who
contradicted the evidence given by c. w.
Aller, who testified for the defense In
support of the charge of conspiracy
against the Western Federation of Miners,
in which it is alleged the Mine Owners
association, the Citizens Alliance and the
Pinkerton Detective agency were con-
cerned.
Aller swore that he saw Orchard and D.
c. Scott together at the depot of the
Florence & Cripple Creek railway on a
Sunday about three weeks prior to the ex-
plosion at the Independence depot June
6, 1904,
Scott this afternoon swore that he was
not in Cripple Creek at the time, and a
number of witnesses corroborated this.
AS result of this rebuttal testimony
information was sworn out after court ad-
journed charging Aller with perjury.
The explosion at the residence of Fred
Bradley in San Francisco was again under
consideration today, the state undertaking
to show that the effect of an explosion of
Illuminating gas could not have been that
described in the dispositions taken for the
defense in San Francisco.
Manager Testifies
THE v,oopo1ar of tho RofSa "a comma nv.
c. D. Lampson, who was at one time a
resident of New York, qualified as an ex
pert He discredited the proposition that
gas could be ignited by the glow at the
end of a cigar.
He was crosS-eXamined at considerable |
length by Mr.. Richardson and showed a
close technical knowledge of gas and its
possibilities an explosive.
The general effect of his evidence was
that the explosion at the Bradley house
could not have been caused by gas.
Much amusement was caused by a i
wordy engagement between E. F. Richard
son and E. NJ. Sabine, an attorney of
Idaho Springs, Colo.
Sabine was engaged in the prosecution
of a number of cases charging fourteen
members of the Western Federation of
Miners with crime and conspiracy during
the labor troubles of 1903. Mr.. Richardson
was the defending counsel in these cases.
There was a sharp exchange between
these two, but enough of good humored
badinage to keep the court room in a
ripple of laughter for half an hour
Sabine intimated his willingness to tell
many things that Richardson appeared
anxious to keep out of the records and it
kept Haywoods counsel busy heading the
witness away from dangerous ground.
Sabine admitted that Richardson had
beaten him and had cleared his clients,
but he managed to get before the Jury his
opinion that the defendants were guilty,
Notwithstanding a verdict of the jury to
the contrary.
Gas Expert Called
G. D. Lanson OF the Boise Gas Light
company was called as a gas expert to
rebut the theory of the defense that the
Bradley explosion was caused by gas the
ignition having been caused through
lighted cigar.
Lanson declared in positive terms that
gas would not ignite from any glow such
as that in lighted cigar. He said a
flame temperature was necessary before
gas exploded.
In order to explode, Lanson declared the
gas in a room or hall would be so dense
1t would surely be detected by the SMELL
The force of a gas explosion, the wit
ness said, was equal in all directions.
Cross examined by Attorney Richard
has no rules against smoking at the
works.
But that's because it is confined was
suggested.
Yes
Suppose it wasn't confined, would you
allow smoking?
mo"
st didn't think So" commented Rich
ardson.
The witness said the only way cigar
could ignite gas was for a smoker to
puff violently enough to fan the wrapper
into a f1ame-even then the wrapper
would have to be unusually light and dry.
Orchard Recalled
Harry Orchard was called to the stand.
AS in the early stages of the trial he
was preceded and followed by a deputy.
Today, however, there were no ''gun
men" or detectives in the guarding party.
Were you ever known as or called
Shorty at any stage of your career?'
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