Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-07-06
Ie and MOyer Will Be Placed on
Stand Monday.
REQUESTS FOR INSTRUCTIONS
Court Asks Counsel to Prepare Their
Suggestions.
REGISTERED LETTERS EXPLAINED
Jacob wOIm says lie Sent Orchard .
Masonic Charm and Union
Card by MaiI-witness
Killed.


BOISE. Idaho. July 5.--A beginning OF tho
end of the Haywood trial was reached
today. Counsel for the defense announced
that. with the exception OF three or four
witnesses, their case In direct Is before
the jury. Charles II. Meyer. the accused
president of the Western Federation Of
Miners, will be called as witness on
| Monday, next He win be followed by
William d. Haywood. the defendent. Judge
! Fremont Wood has asked counsel on both
sides to submit their requests for instruc-
tions to the jury. He has notified eoun-
! sci that he will consider these requests
and will agree with counsel as to what his
Instructions shall be in order that the ara
guments on both sides may be limited TO
what the jury will be allowed to consider
as evidence. In adjourning court this aft
ernoon until next Monday morning at 10
o'clock, Judge Wood said that he hoped tho
interval would be utilized by counsel IN
preparations that would prevent further
delay and bring the case to as speedy q
close possible.
II is now expected that the rebuttal evi-
dence in behalf OF the state viii commence
on Wednesday, and possibly on Tuesday,
much depending on the extent of the cross
examination of Meyer and Haywood. Coun-
sci for the defense and prosecution. after
ing to admit the possibility of verdict or
disagreement in two weeks.
Complaints from Jurors.
Some .uneasiness on the part OF the jury
men, as a rosAlt OF their long confinement
developed this afternoon. Just before the
adjournment Of court, Juror g. f. Russell.
who occupied seat No. 12 turned to the
bench and asked II the jury would al
lowed to exercise during the two days
adjournment He complained that somo
! OF the Jury were disinclIned to taking
/ wallcs and that for this reason the other
I juryfnen were unable to take exercise to
which they were accustomed and without
which there was denger OF sickness.
i ". sebern. the sixth juryman ad-
dressed the Judge in support OF this state-
nent and asked that the jury be allowed
to take exercise according to their in
clinations.
Judge Wood and counsel for both agreed
to. arrange anything within tho law for
the Improvement of conditions.
a. p. Burns complained that the -,bailiffs
IN charge OF the Jury, were too strict and
/ that juryman who exceeded some trivial
rule was summarily called TO order. juror
J. A. Robertson, the good humored Scotch
man occupying the ninth chair. defended
the builifis and said laughingly:
''wen, don't know about being too
\ strict. know 1 never had a better time
in my life"
I The announcement was received with
roars Of merriment and Judge Wood. who
seldom Joins in any demonstration. leaned
back in his chair and laughed heartily.
Five witnesses Testify.
The five witnesses on the stand this morn
ing added support TO those who have pre-
ceded them. They were called to TESTIFY
concerning conditions existing in Colorado
during the disturbances during the Cripple
4 Creek strike and to show that there was
no reason TO call out the militia. Orchard
was further discredited by Owen Barnes.
the miner who lived near the Independent
mine, and who. Orchard said, assisted
him IN the manufacture OF bombs, aBrnes
said he knew Orchard, Adams and East
erly and others but sfiatly denied that
he ever planned or discussed any criminal
expedition with Orchard.
Registered Letter Explained.
J. wolff who swore that he was financial
clerk for George Petubone for many years
and closed up Pettibopes business after
he was arrested. proved one of the strong
witnesses OF the defense in its widespread
contradiction Of Orchard In his statement
on the stand Orchard swore that when he
! was IN San Francisco on the Bradley kill
ing expedition he sent TO Pettibone for
money which no received IN REGISTERED
letter containing five twenty dollar bills,
He said the letter was signed ~ Wolf
ana. the state intimated that II was name
under which Pettibone passed.
The witness today swore that he had
sent Orchard no money. but that he had
sent a registered letter TO Orchard as
Jack Dempsey" addressed TO him in San
Francisco. This letter Wolf swore, con-
taIned a Masonic charm and a union card,
which Orchard had left with Pettibone and
for which II has b4eh testified he wrote
Nastsr his arrival in San Francisco.
The examination OF william d. Haywood
early next week is looked forward 20 as
one OF the big features OF interest in the
ease 1t is probable that Haywood viii be
closely examined as TO his whole life, and
that he win be asked IN his own defense
70 expose everything he can possibly give
out IN connection with the atfairs OF the
Western Federation Of Miners.
Orchard Letter from Alaska.
The defense offered as the first witness OF
the day Marion w. Moore OF Mccabe Aria.
member OF the executive board OF the
Western Federation OF Miners. As MF.
Moore took the stand, Attorney Clarence
Darrow announced that another member OF
the executive board. Frank sehmslzer, WAS
killed In Denver. night before last while
boarding a train to come 70 Boise as a
witness.
owing TO this unfortunate circustance,
Mr. Darrow said the defense might be COM
PEELED 10 ask for days delay little later
on in which Il would be necessary 10 secure
from various other sources the testimony
expected from Schneider.
Moore was asked az TO the circumstances
under which he agreed to take letter 70
. Alaska for Harry Orchard and mail u from
Nome 10 the second Mrs. Orchard IN
Colorado. Mr.. Moore raid he hrst met
Orchard IN Denver IN May, i9)4
4 waa slttins on q bench IN Court House
gQuaro Whaa Ne cana up and introduced
hinaa1. Dagfns he bad 4sen me m the
lCseuf dAloaea." Oaid l1oara Il SAW hina