Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-07-13
Change of Plans Took the Attor-
neys for the Prosecution
BY Surprise.
STATE BEGINS ITS REBUTTAL.
Dan Carney, an independence De-
pot Victim Positively Contra
diets Dominick Flynn.
August Paulsen, Hercules Owner,
Testified Orchard Had Nothing TO do
with Mine After Spring Of 1898.

Boise, July decentralization, i'm
parchment and rebuttal became the
order of the day when shortly after
the opening of court this morning
counsel for the defense Of William
ID. Haywood rested their case and the
state commenced the second innings
The rebuttal brought out a. flock of
Witnesses whose evidence. short and
snappy, kept the courtroom we'll keyed
up j. II. Hawley conducted the ex
animation for the state and =. f.
Richardson again took tho lead as
cross-examinac. Hawley vigorous
and aggressive; Richardson. quick and
at times showing irritation together
provided a number OF interesting pas
sages Good humor was mingled with
grave inyinuation, and short passages
between counsel promptly suppressed
by the court,
objection after objection was pour
ed in TO the record by counsel for the
defense. Clarence barrow assisted
Richardson in keeping interest stirred
TO the point of excited anticipation
and the morning session was gen.
orally lively.
Nine witnesses were examined In
the first two hours. the most interest
ing being August Paulsen, formerly
partner of Harry Orchard in the Her
cules mine, and now rich banker of
Wallace. Idaho
The afternoon session will open
with argument as to the admissible
ity of certain documents and court
viii SIT until $3.50 p. m.
With the opening of the court to-
day Atty Richardson sprung a de-
the defense rested. AT adjournment
yesterday afternoon Mr.. barrow had
announced that a powder expert
would be put on the stand today to
testify in connection with the Brad
ley explosion in San Francisco. The
change Of plans took the states attor-
neys entirely by surprise and there
was some delay in beginning the case
in rebuttal.
1--WE did not expect this declared
Mr.. Hawey, leading counsel for the
,tate. "and our witnesses were not
lotfed to be here at this early hour"
ORCHARD HAD NO MUSTACHE.
The witnesses began to struggle in,
however, and soon John c. Rice was
recalled TO the stand. He testified that
IL November, 1905. Orchard did not
wear mustache. This was IN cohtra-
sictIon OF one of the defense's witnesses
who swore he heard orchard make
threats against Steunenberg. describing
Orchard as n man with large mus
ache,
DAN GAINEY.
The next witness was Dan Carney,
Of Walla Walla. Carney lost both OF
ais feet in the Independence depot ex-
oosion. He lived in the Couer d'Alenes
1898 and 1899 and roomed part OF
he time with Orchard. Gainey said
hat Dominlck Flynn, who testified he
vas playing poker with Orchard on
Aprll 10, 1Se9-the day of the Bunker
ain and Sullivan explosion-had told
aim in a conversation that he had not
leen Orchard since February, 1899:
Cross examined by Richardson,
1ainey said he had no present business.
when did you go out of BUSINESS?
after / was dynamited at Victor
at was because you were dynamited
hat you wanted TO come here and tes-
mo. sir"
"YOu know it was Orchard VINO says
ae blew you up
YES"
But you have corresponded with Or
:hard since his arrest?"
~ have written to him several
Zines"
That's ALL
oNEILL'S PRISON RECORD.
X. Il. Grmshaw. of Deadwood, S. D..
was introduced by the state to identify
prison record showing that In 1850
John M. O'Noill, at present and for
many years past editor of the Miners
Magazine, was In Dakota penitentiary.
The defense objected on the ground
that this was not a proper rebuttal or
impeachment the Witness O'Neill's at
.ention not being called to the matter
when he was on the stand. To allow
The citation Of authorities the witness
was temporarily withdrawn.
In contradiction of the old soldier.
John ID. Elliott. who said he heard
Orchard make threats against Gov.
Steunenberg while on a train the state
introduced several railway officials who
produced records showing that the
trains on which Elliott said he and
Orchard Travelled ala not make the con-
nections which Elliott had described as
part OF the journey.
ORCHARD AT THE CULLEN.
Elliott testified for the defense that
no travelled from Weiser. Idaho. to
Boise, about Nov. 2S or 49, 1906. The
state called ]. r. Stephenson, hotel
,lerk OF Salt Lake city, today, to testi.
- that Orchard arrived at the Hotel
'uller on Nov. %, 1905, and remained
here ,hree weeks. When asked to
produce records, the witness said he
.
b. the books on Nov. 3d. II was the
mans custom to pay for his room
nightly In advance.
J. ". Moser, proprietor OF the Ret-
lie Block rooming house In Denver,
testified that Harry Orchard. under the
name Of Dempsey stopped with him
Tor two weeks late In July or August of
1904. Dr. McGee, a witness for the de-
ycnse, testified several weeks ago that
he saw orchard In the Occur d'Alenes
At this time. on cross-cxaminatlon he
said he kept no record OF guests and
'ould not remember the name or any
other transient guest in the summer OF
N1i lie was requested TO come TO
Boise by Plnkerton detective.
AUGUST PAuLsEN CALLED
Interest ~ the rebuttal case was
materially qulckened by the calling
" August Paulsen OF Wallace, Ida. one
n the owners OF the Hercules. IN which
orchard once held a one-sixteenth in
| crest There was a long argument be-
lween counsel as 10 the witness ability
70 tell when Orchard ceased 10 exercise
iny control OF the mine. Pausen said