The Washington times., 1907-07-14
STARTS
BY ATTACKING
DAVIS EVIDENCE
Witnesses Brought in
to Corroborate State
mentS of Orchard.

BOISE. Idaho. July 1s-Haywood's
defense was closed this morning. the
expert witness who was to testify re-
garding dynamite explosions not having
arrived. The court directed the State
to proceed with it's rebuttal, and the
day was used up by Prosecutor Hawley
and Attorney Richardson, VINO argued
pro and con on the definition and ad-
instability OF rebutting testimony.
First, the Slate produced several wit
nesses to prove that John T. Elliott. the
G. A r. man and former inmate Of the
State asylum. was not a reliable wit
ness. Railroad superintendent and
train dispatchers came TO court with
the train reports and testified that no
passenger trains ran on the 18th and 18th
of November, 1905. at the time Elliott
said he talked with Orchard about
Steunenberg.
Testimony of Landlord.
J. II. Mossr, a lodging house keeper,
was called to impeach DIR. MCGEE, the
Wallace physician who testified that
Orchard was in his hospital in the sum-
liner of 1894. The landlord believed or
chord was at his place in Denver some
time about the 10Th of July 70 the 1sJ Of
August.
Sheriff Bailey. Of Shoshone county,
testified that DR.. MCGEE was wrong
about the date of the Republican con-
vention in 1904, an event by which the
doctor fixed his talk with Orchard. The
State. called Gus PaulsOn, the former
partner of Orchard. and now one of The
principal owners OF the Hercules mine.
He told that Orchard sold his interest
In the mine In 1898. PauIson was also
used to help impeach big Bill Davis
who said he worked in the Hercules
mine three weeks after the Bunker Hill
and Sullivan blow-up. Paulson declared
that Davis was at the mine. but was not
an employee, and left the inference the
State wanted that the big miner was
hiding out after that eventful April %
Hawley produced and was permitted
to read to the jury records from Law
renee county, South Dakota, to show
the jury that John NJ. O'Neill, editor OF
the Miners Magazine, was convicted
and sentenced for manslaughter TWEEN
ty-seven years ago. O'NeilI was prose
cuted under the name Of Hogan for
killing Daniel Falvey and was SEN
fenced to eighteen months imprison-
ment in the Detroit house Of cor
rectiOn. To get an inferential contradic-
ton Of Stage Driver Ramey, who swore
that Orchard wanted to sell him his in
terest in the Hercules a few days after
the Bunker Hill crime, Hawley called
Roy Kingsbury. a clerk of the Federal
Mining Company. The clerk had the
payroll of the Tiger-Horman mine
which shows that Orchard worked on
the 2Sth Of April, and also worked three
or four days after the Wardner dyna-
hitting affair.
Retaliation of Bill Davis.
E l. Hale. master mechanic of the
Gem I1abo mine. testified that he was
in Gem fifteen minutes on the 18th OF
April and Hawley wanted to prove that
he did not see Bin Davis there. Hale
finally said that he saw two persons
- in town that day, that ne went into III,
only open saloon he saw, got a drink
ana walked right out again, took IN,
train, and went to Wallace. He SAID
Davis might have been there all day
as testified and he not see him.
The final witness of the day was VII
liam Dewey, formerly a member of tn,
Western Federation, who quit the unioI
at Cripple Greek. Dewey swore tina
ne was in Gem in April. 1899, that h,
went to Wardner along with everyone
else, he carried rife and was masked
and did his part IN the destruction Of
Bunker Hill and Sullivan mines. H,
declared that Bill Davis distributed
rifles and ammunition at Gem, and thai
he was In command OF the expedition
from morning until night. At wardnel
Davis was not roasked, said Dewey, and
he openly led the charge on the mil
and shafthouse.
Dewey said ne had kept his knOwl-
edge secret till after he saw Orchard:
confession and read Of Davis denials
Dewey declares he has not been prom
ised immunity from punishment for his
part in the Wardner crime, where twC
men were killed
NEN