The Birmingham age-herald., 1907-06-26
ORCHARDS CRIME
 SELF WHEELED
CONTINUED FROM PAGE ID

tGOA lbD fhOM Is) --~--~----------~-~--~-o-o and was testifying wholly from memory
 |. w. AlIer of Leadville, Colo, former ly telegrapher in the employ of the Flor ence and Cripple Creek railway, was the next witness. He told of seeing Harry Orchard. K. C. Sterling and D. c. Scott q detective of the railway company, to- gether in Seott's room at the Cripple Creek depot He saw him there twice be- fore the attempted train wrecking.
 On cross examination Aller said he could not remember what time of day that Orchard first came to the depot. He did not know whether Scott and Orchard had ever met before. Aller said his recol- lection was not very clear as it had made no particular impression on him. Aller said he could not remember the dates of Orchards visits, even as to the approxi- mate time. with reference to the train wreck
 Suer About Orchard.
 "You are just guessing about the mat ter, are you?" said Attorney Hawley for the state. and you are not sure about anything?'
 Ira Blizzard of Cripple Creek, rail- wa conductor and yardmaster was call ed to the stand as the first witness after recess. He said he knew Sterling and that the latter was in the employ of the Mine Owners association. Blizzard was contracting agent for the Florence and Cripple Creek railroad at the time of the Independence depot explosion. He went there and saw the wire and chair rung which served clues.
 The defense claims that the Independ- ence depot was all but an abandoned af- fair and that it's destruction might have been planned by others than the Western Federation of Miners.
 What sort of a depot is it?" asked MT. Darrow.
 ''The depot was in good condition" re- piled Blizzard.
 Tt was a nice up to date station with a good waiting room. It had platform in front of it?'
 Blizzard declared that Independence de- pot was used as a stopping place, but there was no ticket agent there.
 Blizzard was followed on the stand by Dr. Al McGee, physician and surgeon in the Occur D'Alenes and now mine broker.
 Knew Orchard.
 He said he had known Orchard since 1897. Orchard delivered milk at his house. The day of the Bunker Hill and Sulli- van mill explosion at Wardner, McGee said he thought he saw Orchard at Null len-eighteen miles distant. 'I am not sure of it, but if l am not mistaken I
  T saloon or cigar store,' said the wit ness.
 Dr. McGee also related a conversation he had with Orchard in the Occur D'Alenes in 1904. Orchard. according to the witness, said he was "spotting" for a detective agency
 On cross examination the witness said he saw Orchard at the depot one day at Wallace, Idaho, talking to a man named Cunningham who said he wanted to blow up a "scab' boarding house.
 The witness told of putting the blood hounds on the track of the men who were supposed to have perpetrated the outrage. The prosecution objected, on the ground that the doys had not been qualified, but Judge Wood allowed the evidence to go in McGee detailed the route taken by the dogs, which went toward Colorado Springs. At water tank he called up K C. Sterling on the telephone.
 Borah Objects.
 Senator Borah objected to any conver- sation between the witness as hearsay. He declared that the defense had the right to show that some one, other than Orch ard blew up the independence depot if 1t could, but the evidence must be compe- tent and not hearsay.
 We expect you to show,p said Attor- ney Darrow in reply that K. c. Sterling