Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-07-15
BOISE COURT
BARS EVIDENCE.
.Sustains Objection to Testl-
mony of Insane Man.
DEWEY ON STAND AGAIN
Defense Took Advantage of Incident to
Ply Queries.
WESTERN GROCER IS RECALLED
Days Session Devoted to Rebuttal In
terroeatiors on Both Sides-Orch-
ard to Be Questioned

Harry Orchard, the principal wit
ness Tor the state against William
HAYWOOD. was called iii rcbuttal this
morning when the trial OF the secre-
tary OF the Western Federation OF
Miners was resumed. The questions
of the state were few. and in less
than five minutes Orchard was
turned over Tor DISCRIMINATION.
+. +. Richardson. croSS-eXamln
ing. brought out new feature when
he asked if Orchards maternal
grandfather was not insane on the
subject OF confession OF imaginary
crimes.
Orchard admitted that his uncle,
Peter Mckinney, who lived III
Northumberland county, Ontario,
had hanged himse.i while insane. He
denied all knowledge of a GRANDPA
Their named Patrick. This cross-ex-
animation was based on letter re-
ceived BY the defense from B. X.
Mckinstrev of Alameda, Pa.
BOISE. July 15-When the Haywood
trial was resumed this morning Judge
Wood announced that he had decided to
sustain the objection of the defense to
the admittance in evidence of the records
of the state insane asylum showing the
commitment to that institution of John D.
Elliott. who. as witness for the defense,
testified to a long conversation which he
said he had with Harry orchard in No
vember. 1905 The court cited statute
which rroyideS that perSODS shall
not be accepted as witnesses. Apparently.
he said. the prosecuting attorneys knew
OF Elliotts commitment when he ap-
peared on the stand. and they should
have objected to his testimony AT that
time
William Dewey, the witness who star
tied the court room on Saturday by con-
Tossing to participation in the Occur
dAlene riots and the attack on the
Bunker Hill and Sullivan mill
called further to identify w. F. Davis
the man who handed out guns and am
munition the day the mob started for the
mill.
Dewey's Reappearance.
The defense took advantage OF Dewey
temperance to question him further as
to his motive for testifyng at this tinla.
Dewey denied that he had been allowed
union store at Cripple Creek through the
leniency Of Davis.
Didn't Davis finally deny further credit
to you. and wasn't 1t then that you left
the union asked Attorne.- Richardson.
Dewey admitted that he still owes the
union 81 or $25 for supplies from the store.
He said he had never Deen refused credit
by any one.
Didn't you. after testifyng on Saturday.
say To the man who accompanied you
downtown that you knew the names of at
least 21 OF the men who went to the
Bunker Hill and Sullivan mills. but you
would be id if you will tell that lawyer
fellow demanded Richardson.
No. sir"
Remembered Nothing.
The witness declared he could remember
no such conversation. Neither could he
remember just what was discussed.
Lawrence Guibbin the San Francisco
grocer WHO lived across the street from
the Bradley apartment house. recalled
TO deny that he served drink to a man
named Reilly the morning OF the Bradley
explosion Reilly, who appeared as a wit
ness for the defense, declared Guibbini and
his wife had served MIN a drink. Mrs.
Guibbini also took the stand and denied
what Reilly had said
On cross ex animation Cuibbin said he had
received S325 as travelling expenses for re-
turning TO Boise from San Francisco.
mony as to the Bradley explosion
Charles Wayne, who lived next door to
Gov. Steunenberg, was called to testify as
to the position in which the governor was
found after the Orchard bomb had ex-
ploded the purpose being to show similarity
in the effect on Bradley and Steunenberg.
Objected to Testimony.
The attorneys for the defense objected to
this testimony as not proper rebuttal, argu-
ing that the subject should have been gone
Into as part OF the direct case. The objec-
ton was sustained and the witness with
drawn.
{. d l.anson Of the Boise Gas Light Com
pany next called as a gas expert to re-
but the theory OF the defense that the
Bradley explosion was caused by gas, the
ignition having been through a lighted cigar
l.anson declared In positive terms that gas
would not ignite from any glow such as
that In lighted cigar. He said a flame
temperature Is necessary before gas ex-
plodes,
The defense said last night 1t mad dis
covered new evidence to show that or
Chards maternal grandfather formerly a
resident Of Canada, was a maniac on the
subject of crime, and there are other init
nations OF possible delay. Judge Wood,
however. intlmated to counsel that the case
must be ended. He pointed out that by lin
iting the scope Of the examinations of wit
nesses on both sides the hearing might have
been much shortened. but that he wished
to give every opportunity To develop the
cases. Now however. the situation is diff
ferent. and further delay would be an In
justice 10 the state. while the continued
confinement of the jury would imperil the
case.
MCGEE Arrested at Spokane.
SPOKANE. Wash. July 15.-Dr. ]. /.
Niece, against whom a charge OF perjury
In testimony given in the Haywood case
at Boise lies. was arrested yesterday by
Deputy Sheriff Long. and will go back tc
Boise today. DIR. MCGEE waived extradi
ton. lie had been visiting in Couel
d'Alenes City. but returned to Spokane
when he heard he was again wanted a
Boise.
Roanoke Quiet.
RICHMOND, Va. July 15.-Gov. Swan