The Montgomery advertiser., 1907-06-05

feeling, however, in the look of either steunenberg told of seeing Orchard ir Caldwell some days prior to his fathers assassination.
 An objection. by the defense, to young Steunenberg's testifying to a conversation he had with Orchard was overruled by Judge Wood.
 T was at the Oregon Short Line depot one day, "said Steunberg. "when the man came to me and asked if my name was Steunenberg.. I said yes. and he then asked me when my fath- CT would be back in the city. He said his name was Hogan and that he and my father had some business in regard to sheep. He said they would have another transaction in the future. told him father would be home Fri day. and he then wanted to know where he could find him on his return. I told him where our residence was and where my fathers office was.
 The defense moved to have all of this testimony thrown out as inmate rial and incompetent. Senator Borah said he would connect the conversa- tfon with Orchard who was a member of the same alleged conspiracy as Hay wod. Mover and Pettibone.
 Judge Wood declined to grant the motion.
 Haywood's attorneys then said they did f not desire to cross examine the young man. S
 Steunenberg gave way to L. J. Bow man. 1aborer of Caldwell. who testi- fled as to seeing Orchard in company with man giving his name as Sim mons. He identified picture of Jack Simnkins as the Simmons man. The photograph became States exhibit "A"
 On cross examination Bowman said that neither Orchard nor Simpkins had made any attempt to conceal fhem- rious about their, movements.
 Steve Dempsey, proprietor of the ho- tel at Caldwell, where Hogan and Sim mons first stopped, identified their names on the hotel register, which was introduced as evidence. The two men, the witness said, occupied the same room. Dempsey said Hogan told him he was a sheep buyer and wanted to know where he could get some good stock. Dempsey introduced him to number of stock raisers.
 Cross examined by attorneys for the defense Dempsey said Hogan and Sim mons had never tried to conceal them selves But when around town acted like other travelling men. Dempsey saw Hogan after he was arrested and identified him as Orchard. It was the same man. ne said.
 Several witnesses expected bv the State were delayed in reaching Boise today and this necessitated an early adiournment.
 Court meets tomorrow morning at g o'clock.
 Prisoner DispIays Emotion.
 Hawlev spoke for nearly an hour and half to court room crowded but silent. to jury. which sitting bolt U right watched for every word, to prisoner who, with his family around him. was several times moved to deep emotion as the prosecutor pronounced the charges. The counsel for the de- fense opened fire before the statement had proceeded ten minutes and the re- petition of objections from them Ie1 to three or four sharp exchanges. They protested against the charge that the federation was guilty of scores of mur- ders," and the assertion that the con- spiracy extended back to the first trouble in North Idaho, whic h was years before the accused was a mem- Der of the organization. They dotted the record with exceptions of over- ruled objections and finally got an agreement whereby they could protect their rights as to the entire opening statement. Judge Wood permitted the widest scope to the opening statement. on the assurance of MT. Hawley that the state could show the existence later of the conspiracy which 1t charged and make the necessary legal correction.
 Eight witnesses were examined and there would have been time for three or four more if the available supply of the state had not unexpectedly run out, enforcing an adjournment after three o'clock. The witnesses today were all from Caldwell and those who did not tell of the crime itself were called to. locate Harry Orchard, who went to the town as Thomas Hogan at various hotels and around the Steunenberg home, and to show that two months before the crime, John T. Simpkins, a member of the executive board of the Western Federation of Miners had joined Orchard and had lived with him for several days in the same room The defense objected to practically all the days testimony except that relating to the death of Steunenberg on the ground that it was immaterial and in no way connected with the defendant.
 The several conversations of Orch ard were objected to on the ground that they were in no way binding up- on the defendant. Judge Wood, how ever, permitted all of the testimony to stand on the undertaking of the pros ecution to later show the connection.
 When court sits at o'clock tomor- row there will be flu. her testimony as to the events at Caldwell and then Harry Orchard will take the stand. Orchard Is to be brought in from the penitentiary in the forenoon and turn ed over to Sheriff Hodgins until he has been examined and cross-examined to the satisfaction of both sides. He will be close cell neighbor in the coun- ty jail to the men whose lives he may swear away, but 1t is likely that they will not get even a glimpse of him during his stay there.
 Orchard May Testify Today.
 Boise, Idaho, June 4.-Harry Orchard, the self confessed murderer of former Governor Steunenberg, who will go on the stand probably tomorrow after noon to give testimony in the case against William D. Haywood, was brought into the city this evening from the Idaho penitentiary.