The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-06-07
OfAttOrneyR Richardson of COun-
sci for w. ID. Haywood.
CROSS EXAMINATION.
Is Brought Down to Blowing
Up of the VindicatOr.
He Didn't Know the Defendant
Until Fall of 1902.

animation OF Harry orchard, Leading
witness in the Haywood trial. has
been carried down to the dynamiting
of the Vindicator mine at Cripple
Creek, Col. in September. 1908. and
its progress indicates that it will con-
sumo much more time than the direct
examination. After protest from Or
chard against the speed of Attorney
Richardson's questions. which he said
cut off his answers and a wrangle be-
tween counsel on the subject the cross
examination of the witness as to his
experiences in the Coeur d'Alene
country was resumed.
The defense laid the foundation for
a showing that Orchard was not at
Wardner the day the Bunker Hill and
Sullivan mill was blown up, and then
NDassed on to the life of Orchard in
Utah in 1899, 1900 and 1901. The
witness owned up to a lot of gam bling
at which he repeatedly lost his earn
ings. The defense showed that until
he went to Cripple Creek in the au-
tumn of 1902, Orchard had never
known Haywood, Meyer. Pettibone or
Simpkins. The witness confessed
that he stole ore and powder from the
NindicatOr mine.
The witness testified that he heard
Haywood and Meyer deliver speeches
at Cripple Creek after the strike of
1903 began, protesting against any
violence Ly the union men.
Attorney Richardson sought to
show that Orchard had suggested
blowing up the powder in the Vindi-
Gator and while the witness admitted
that he told w. F. Davis of the ex-
istence of the powder and that the
idea of setting it off had come to him.
he swore that Davis first suggested
the act.
Orchard Identified William Easterly,
who at the call of Mr. Richardson
came from the back of the court
room. as the man who had aided him
in the experiments that led to the
making Of the bomb finally used in
the Vindicator mine.
Proceedings in Detail.
When Orchard resumed the stand to-
day Attorney Richardson began at once
to ply him with a rapid fire of ques-
tionS. Before answering Orchard ask
ed permission to correct two state
ments of yesterday. He said he had
neglected to give the name of his sixth
sister-Minnie Hershey, who married a
man named Rogers and who lives In
New York state somewhere. Orchard
also said that he stated yesterday he
had no partners in the wood business
in Burke, Idaho. He remembered to-
day that there were two men to whom
he owed money and to whom he had
promised an interest in the business.
While Orchard was making the latter
statement Richardson interrupted him
with a question.
The attorneys for the state at once
objected to counsel cutting the witness
off Orchard also protested to the
court. saying he would like to have
the opportunity to state his answers be-
fore being interrupted.
We both can't talk a the same
time" he SAID to Mr.. Richardson. land
yesterday you asked new questions be-
fore 1 could answer the old ones.'
Counsel again Joined in the protest
and Mr.. Richardson became somewhat
excited, declaring that if it was the
of -al TO efo ART hc
tween him and the witness he thought
they might just as well have it out at
once.
''The witness will be allowed to an
swer the questions without Interrupt
ton" said Judge Wood sternly and the
examination proceeded.
He Was Il Poker Player.
Orchard admitted that while he was
in the Idaho mining country he became
quite gambler, playing poker most
of the time. He was asked how he
voted the day the unions decided to go
down to Wardner and blow up the
Bunker Hill and Sullivan mine mill and
said he did not remember.
Mr.. Richardson wanted the witness |
to name all who attended the meetings. |
He gave the names of five or six.
-And those are all you remember ?''
asked Richardson.
Not all 1 remember, but they are the |
only ones whose names 1 can recall at |
this time" replied the witness cody.
through a description of the make up |
of the train which took the rioting |
miners to Wardner. Orchard said 1t |
was composed of 13 cars, some being /
freight and others passenger coaches.
Are you sure" finally asked Rich |
ardsOn, that you were not at Burke /
or Mullin playing poker when this ex-
plosion occurred?"
Il am sure" came the reply. II lit |
ore of the fuses which fired the DOW
der under the mill.''
Mr.. Richardson wanted to know the
names of all who helped unload the
powder at Wardner and who helped to
place it under the mill.
Orchard gave several and said they
were all he could remember.
Did you know Haywood, Meyer or
Pettibone at this timer"
NO sir
They were not with you at Wardner
when the mill was blown up were
they?''
NO, sir. not that 1 know Of"
Fight in Court House.
A lively fight took place in the court
house this morning before the opening
of the trial. A big loose-jointed miner
from Silver City, anxious to see the
witness and hear the examina-
tion sought admission to the court room
about an hour before the opening Al
the bottom of the stairway he was stop-
ped by three sheriff's deputies form
ing the outer guard. The visitor resent
ed the questions put to him and under
took to break through the lines Jack
Wooden. a big deputy, tackled the
Wooden, however. finally landed him
on the lawn. He was allowed to go, but
not into the court room
Orchard said he left Idaho after the