Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-07-17
Prosecution Announces It Has
Twelve Witnesses to Bring
Forward Before Rebuttal Isl
& Closed.
WITNESSES CONTRADICT
TESTIMONY or M'GEE
Statements Of the Witness
Wood OISo Strongly Refuted
by Men Who Played Active
Part in Strike Riots,
IBy Morning journal special Leased wIrel

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IBy Morning journal Special Leased WIre.1
Boise, Idaho. July 16.--In the last
stages of the case against William u
Haywood, the prosecution put six wit
nesses on the stand today to rebuilt the
evidence Of the defense. Three testi-
fled to conditions in the Occur d'Alenes.
in 1899 and three to the situation in
Colorado during the strike period Of
1903 and 1904. The important wit
nesses of the day We're called to con-
+ tradict the showing made by witnesses
for the defense that there was no
reason for the calling out of the mi-
litia of Colorado other than a desire
on the part of the mine owners to-
drive members Of the Western Fedora
ton of Miners from the district. One
witness fatty contradicted the evidence
introduced BY the defense to show that
the explosion at the Vindicator mine
was due to an accident.
While the big trial was going on in
the district court before Judge Free
mont Wood, an interesting offshoot
from thS case was being heard in the
small room used as a court by Justice
Of the Peace Savage. G. W. Aller,
charged with perjury, was brought be-
fore the magistrate for a preliminary
hearing. The state was represented by
Prosecuting Attorney Koelch and the
prisoner by Peter Breen, an attorney
OF Butte.
Fred Miller who was Orchards
counsel at his preliminary hearihg
assisted Mr.. BFeen.
The principal witness in the perjury
hearing was Orchard himself.
No more than half a dozen people
outside of the principals in the case
and the other witnesses. We're present
when Orchard went over his testimony
as to his connection with d. G. Scott.
the railroad agent. who Aller swOre
interviewed Orchard in Cripple Creek
two or three weeks before the explo-
sion at the independence denot Or
chard was closely eross-examined by
Breen Breen was more severe In the
little magistrates court than was the
cross-exaniner when Orchard was the
star witness in the Haywood trial. but
Orchard answered each question with
quiet pOsitiveness A number Of other
witnesses were examined A motion
TO dismiss will be argued tomorrow af-
ternoon. Aller was released on de-
posit Of $3.50 bond.
In the Haywood trial Edward Al
ward. a physician OF Burke. swore that
he saw Orchard on the dav of the
blowing up of the concentrator at
Wardner and that he came from the
train returning from Wardner. This
train was In possession of the mob that
blew un the concentration and killed
two men. Awards evidence contra-
dicted the witnesses for the defer ,
who said that they saw Orchard pie r.
ing poker that day at Mullen, several
miles away.
A. r. Holman swore in rebuttal ~
the testimony Of Thomas Wood. a wlt-
moss for the defense. Wood said that
he saw Beck and Mccormick. the two
men killed IN the VindicatOr mine. IN
the eighth level. before the explosion
and afterward found their bodies In
the sixth level He said that Beck had
a revolver on that day and that he saw
q box of powder on a water barrel ifl
the eiPhth level just before the explo-
sion. The impression created was that
the two men carried the powder with
them aud that Beck dropped his re-
volver which exploded. and the pow
der wont Oft Orchard swore that he
fired the powder with q pistol.
Holman was a superintendent Of Il
neighboring mine and formerly a sup
erintendent Of the VindlcatOr. He was
one Of the first 10 go down the shaft
OF the Vindieator after the EXPLOSION.
His evidence c0ntradlcted Wood ai
many points.
l.. g. Ramsey. a young man and n
relative Of Mccormick. followed Hol-
man. He was IN charge OF the powder
in the mine at the time OF the exnlo-
alon. lie knew Beck and Mccormick,
we'll and sworc that neither OF them
ever carried q revolver. that fhere was
no powder IN the mine at the time 40
far aa he knew and that there was no
water barrel on the eighth level as
Wood, had stated.
sheriff RufaE Of San Miguel county
Col. was the last witness Of the day
He testified as to strike conditions
Under = searching cross-examiEatlon
bv u. r Richardson, Rutan admitted
Thai union miners were deported and
driven from the county while he was
sheriff and that no attempt was made
10 prevent or punish those who AZ.
facked the union men. He said that
the doporiati1uH we're tie work Of the
fnudinr eifl1ana of Telluride.