The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1907-07-17
PROSECUTION
PUTS MEN ON
STAND

BOISE, Idaho, July 16.-In the
last stages of the Haywood case the
prosecution put six witnesses on the
stand today to rebut evidence of the
defense. They testified to a condi-
ton in the Occur dAlenes in 1891
and 1904.
Important witnesses of the day
were called to contradict showing
made by witnesses for the defense
that there was no reason for calling
the militia of Colorado other than a
desire upon the part of the mine
owners to drive members of the
Western Federation from the mining
districts. One witness f.atly con-
tradicted the evidence introduced by
the defense to show the explosion
at the Vindicator mine was due to
accident.
While the big trial was going on
in the district court before Judge
Wood an interesting offshoot of the
case was being heard in the small
room used by Justice of the Peace
Savage. w. H. Aller, depot agent,
who was arrested yesterday charged
with perjury, was brought before the
magistrate for preliminary hearing.
The state was represented by Pro
scouting Attorney Koelisch and the
prisoner by Peter Breen, an attorney
with Haywood's counsel and had
been retained by the miners union
of Butte to watch the case. Fred
Miller, who was Orchards counsel
just after the Steunenberg murder
assisted Breen. The principal wit
ness in the perjury hearing was Or
chard himself. The prisoner was
brought from the penitentiary in
charge of guards. No more than
neses were present. Orchard went
over his story in connection with
Scott in 1904 and though cross-ex
amined by Breen. he maintained the
same calm exterior and answered
each question with positiveness. The
case took up most of the day.
A motion to dismiss viii be argued
tomorrow. Aller is at liberty on
$4,000 bonds
In the Haywood trial Edward Al
ward physician of Burke, swofe
he saw Orchard on the day of the
blowing up of the concentration at
Wardner and THAT he came there on
the train returning from Wardner
The train was in the possession of
the mob which blew up the mill
Awards testimony was in direct con
tradiction to that of DR.. Niece, who
sowre he sa wOr,hald playing cards
at Mullan, several miles away.
A. 7. Holman swore in rebutta
of the testimony of Thomas Wood,
witness for the defense, Wood said
he saw Beck and Mccormick, two
men killed in the Vindcator explo-
sion in the eighth level, before the
explosion and afterwards found their
bodies in the sixth level. He swore
Beck carried a revolver on that day
and that he saw box of black pow
der ON a water barrel in the eighth
level just before Beck and McCor-
mick went up to the sixth, where the
explosion occurred a few moments
later. The impression was that the
two men carried the powder with
them and that Beck dropped his re-
volver, which exploded and the pow
der went off. This would also ac-
count for finding shattered pieces of
a revolver near the bodies Orchard
swore he fired the powder with the
pistol. Holman was superintendent
of neighboring mine and formerly
superintendent of the Vindicator He
was the first to go down the shaft
of the Vindicator after the explosion.
His evidence contradicted Wood on
many points.
L. NJ. Ramsey. a relative of Nc
Cormick, followed Holman. He was
in charge of powder in the mine at
the time of the explosion. He swore
that neither Beck nor Mccormick
carried revolvers; that there was no
powder in the mine at the time, so
far as he knew, and there was no
water barrel on the eighth level, as
Wood had testified.