Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-06-08
Tipped Of Wreck Because He Was
Not Paid.
MILITIA LEFT HIN ALONE
Defense Developing It's Contention Of
Mine Owners Plot.
WITNESS DOES NOT HESITATE
Calm Front to Repeated
Attacks OF Lawyers--Court In
sists on Fair Treatment
for Him.

BOISE, Idaho. June fA-CounSel Tor VIII
liam D. Haywood continued their attack
on the testimony OF Harry Ochard at both
sessions OF the trial today and centered
their strongest assault on the events be-
ginning with the explosion In the Vndi-
Gator mine and ending with the earlier
meetings between the witness and the
leaders of the Western Federation OF
Miners in Denver. To the extent that
traffic with the other side" In the war
of labor and capital In Colorado was dis
creditable they succeeded in discredting
the witness.
Taking up the admission that Orchard
made In direct examination that he had
been treacherous to his comrades in Grip
pie Creek by tipping on train wrecking
plot. they developed the fact that orchard
entered the employ OF d. c. Scott. who had
charge OF the railway detectives. Orchard
said that with Scott he had met X. c.
Sterling, a detective in the employ Of the
Mine Owners association, and that Scott
had paid his expenses ana accompanied
him to Denver on the trip when first he
had met Meyer and Haywood. He said
that he had agreed to report to Scott, but
that he was lying to him. never intending
to make reports to him and never did
make reports The defense also tried to
show that because he stood in with the
other side Orchard was never molested
by the militia in Cripple Greek during the
strike. Orchard admitted that Scott had
told him that II the militia interfered with
him he was to send for him, and that the
militia never did interfere with him or
search his house.
Reason for Double Dealing.
Orchard said that he went to Scott first
because he had not been paid for his work
/ l..,a
because he was given hard work like the
Vindicator job while other men got the
simple task Of train wrecklng by displacing
a rail. More crimes great and small,
were added to Orchards record today. The
Cripple Creek woman with whom he COM
mitted bigamy had three sons; Orchard
stole high grade ore from messmats; he
stole two cases of powder from the Vindi-
ator mine; he stole powder to make one OF
the bombs thrown into the Vindicator coal
pile, and told lie.
The defense endeavored in various ways
to throw the shadow OF doubt and inn
probability around the whole Vindicator
story and the alleged connection Of w. f.
Davis and William Easterly with the affair
and the circumstances under which Orchard
testified he met Meyer and Haywood and
was paid for the commission OF the crime,
and to discredit Orchards story that he
was sent back to Cripple Creek with un-
limited credit and orders to commit any
act of violence that he cared to. They con-
fronted Orchard with Easterly and Owney
Barnes and paved the way for the con-
tradiction by them Of the story told by
Orchard, and several times during the day
paved the way for the controvertion of his
testimony on material points. Orchard stood
the strain and test very we'll and tena-
c,ously stuck to the story he related yester-
day and the day before
Acts aa Guard for Meyer.
Suddenly toward the close of the day the
defense took up the trip Orchard made to
southern Colorado with Meyer in the early
part OF 1904, and showed that Meyer feared
TO 20 south unguarded because mine own
ers' official thugs" had beaten up innocent
union men, and had sent for Orchard to
aid in protecting him.
It was agreed that they should carry cut
of guns and sit in the center of the railway
car, so that II they were attacked they
could defend themselves Attorney Rich
ardson, in questioning the witness, made 1t
very clear that this had been . perfectly
straight proposition free from any fake"
Counsel hared up several times during the
day and In the last passage at arms Prose-
cutor Hawley said that Richardson told a
falsehood when he intimated that Orchard
was a fixed witness.
The trial goes on at $3.50 tomorrow, when
cross-examinatiop OF Orchard, who has been
on the stand for three days, will be con-
cluded.
Orchard Makes Corrections.
When Orchard resumed the stand today
Attorney Richardson began at once TO ply
him with a rapid-fre of questions. Before
answering. Orchard asked permission 10
correct two statements Of yesterday. He
said he had neglected 10 give the name OF
his sixth sister-Minnie Horsley, who mar
ried 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 today 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 inter-
rupted him with question.
The attorneys for the state at once OBJ
jected TO counsel cutting the witness Off.
Orchard also protested TO the court say
ing he would like 10 have the opportunity
TO state his answers before being inter-
rupted.
1--WE both can't talk at the same time"
he said 10 Mr Richardson. "and yesterday
you asked me new questions before l could
answer the old ones"
Counsel again Joined in the protest and
Mr.. Richardson became somewhat excited.
declaring that II II was the purpose OF
counsel to start a row between him and the
witness he thought they might just as well
have it out at once.
Court stops Lawyers,
THE witness will be allowed to answer
the questions without interruption" said
Judge Wood steTnly and the examination
proceeded.
Orchard admitted that while he was in
the Idaho mining country he became quite
a gambler playing poker most Of the time.
He was asked how he voted the day the
unions decided TO go down 20 Wardner,
blow the Bunker Hin and Sullivan mine