The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-17
SUSTAINING ORCHARDS STORY
sriyE DISPOSES or DEFENCE'S
CONTRADICTIONS.
Ra.I allied to Back Up Fully Only One Point
Wade 10y the chief witness Against
u,,woOd- Lawyers Demonstrate In
the Examination How Not TO do 10.

INC Examination How Not TO DO 10.
Por.f. July 49, Evidence was produced
!, the state : rebuttal in the Haywood muir
d.r wal to-day that seems to dispose pretty
yceV a, the contention Of the defence that
D.. cy,,0siou that killed Mccormick and
20, IN the indicator mine in Cripple
crock November %. 1908. was an accident
and ,ot the result of a bomb planted there
J.. Harry Orchard.
pf.uoss ~Contradicted statements made
D., ,rr # the d~efence's witnesses in such q
w,y "a 20 leave little doubt that certain
,l.ass testified to by Orchard regarding
rho explosion we're true. but 10 was not all
hone, for the State. On the contrary.
LAWYER Jim Hawley, who Ia in full charge
- the states rebuttal and who may some
tine have been a fine criminal lawyer.
gee an excellent illustration Of how not
TO DO It
,lans in the afternoon he put Sheriff
Ru'an # San Miguel county on the witness
stand 20 describe the conditions Of lawlees-
rcas and riot that existed in that part Of
Colorado and which caused the deportation
Of he union miners by the rest of the popu-
la'lon
,rrarently Hawley had no notion Of
via, the sheriff knew regarding conditions
down there, where he was on given dstee.
,r what he saw and heard with his own
eyes and ears. At any rate the first thing
be did was to ask Rutan half a dozen ques-
tons about what happened at places where
he vas not present.
He wanted the Sheriff 10 describe the
attack made on the Smuggler Union mine
Al Telluride in 1901. when the union miners
attacked the %non-union men and had a
rttched battle with them. killing several
and ~wounding others and finally driving
the non-union men out Of town.
To everybody's amazement Rutan re-
Piled that he was not there and knew moth
ing If il Of his own knowledge. There were
a few pore questions from Hawley that
got the, same sort Of answers. Rutan's
testimony. in fact. was principally value
lcss 10 the State. though he must have had
knowledge Of facts that are common prop
erty and that established beyond a doubt
that the union miners we're in those days
The aggressors and the original authors
Of violence.
But whether he knew them or not, he
was not asked about them. IL was another
story on REORGANIZATION. Though Law
yer Hawley was apparently magnifcently
ignorant Of the history Of the Colorado
labor troubles Of those days. Lawyer Rich
ardson was full Of the subject. He started
in 10 prove by Sheriff Rutan that the mine
owners and the Citizens Alliance employed
so-called gun men to help them fight the
union miners.
Rutan developed a talent for not remem-
boring the details of these affairs. but
Richardson remembered a good many OF
them. including a number that witness could
not recall. and when the cross-examination
vas ended there could have been little
doubt in the minds Of the jurors that the
conditions down in Telluride at that time
totalled up to a pretty good imitation OF
open war.
The wrsngling n snaring between the
lawyers reduced the proceedings at times
pretty nearly 10 the level of the ludiorous.
One time Richardson got started on a
long and voluble defence of some question
which Judge Wood tried vainly to break
in upon. When Richardson eventually
ran ont Of wind. the our said.
Il have been ready for some time, Mr.,
Richardson. TO rule in our favor on this
q. point if you would give me an opportunity
The labor troubles Of Colorado are Rich
ardson's long suit and he shone on that
line Of inquiry. but il was not always thus
Take, for example, his inquiries regarding
the ancestry Of a young man who testified
for the State about the vtndicator min
explosion. This young mans stepfather
Mccormick. lost his life in that affair.
. Mccormick was your stepfather' A
Yes. sir.
q Nou were his ri epson? A. Yes. sir.
q Your mother was his Wife, A. Yes, sir.
q You we're her son by her first husband
a. Yea, sir.
The relation that existed between McCor-
NICK and the witness having been thu
established TO Richardson's satisfaction the
examination proceeded TO other points
This witness vas L.. @. Ramsay. He wal
acting as POWDER man at the time OF the
indicator explosion on the sixth level
lis evidence was in rebuttal OF that .giver
~ q defence witness named Thomas Wood
Wood told Of working or the eighth leve
tho day Of the explosion and seeing McCor
muck and Beck there a few minutes before
fhC explosion IN the sixth level, Woo
said he saw just before that a box OF gian'
POWDER standing on a water barrel at thu
oTening into the shaft. He also said he saw
o revolver in Beck's pocket. A few mo
rents after Mccormick and Beck had gons
10 looked for the powder and could no
trl
Tha Inference that the defence intende
. should be drawn from this testimony wal
ths' Mccormick and Beck tool this powder
WIN them up 10 the sixth level. wher'
Books revolver slipped out Of his pocket
rynlnded and set the powder of.
Ramsay spiked this testimony by sayinl
that he had worked there two years and tina
there never was water barrel on the eight
'evol. Ne saw Mccormick and Beck sew
oral times a day. and neither Of them eve
carried q revolver down into the mine
Moreover, when Mccormick and Beck wen
on their fatal trip TO the sixth level he saw
them get into the rage and they carried
nothing hut picks and candles.
on saw them start down. did your
Yes sir. ! rang them down." said Ram
80 They told the hoisting engineer 4
drop them slowly. az they had not been q
the sixth level before in a long til. p. anC
tlat they might not recognize the mark or
~" cable that told them where to stop. HI
lowered them and pretty soon they RAM
ono h"|l He stopped the cage. Then they
rang again and he tried to hoist the cage, bu
could MT DO so. Then he tried TO lower !
br1 nd not. ran to the top OF the shaf
on SWoIlod powder smoke"
This my Woods's story entirely out O
!, tnsir'ss. and Ramsay went on TO add an
'ne' point under Richardson's mistake
nIF"" The cross-examiner wanted 3
~ % iN" witness ever found any powde