Omaha daily bee., 1907-07-16
ORCHARD AGAIN IN REBUTTAL
Insanity May Play Part in Haywood
Trial at Boise.
EFFORT TO PROVE IT IN FAMILY

Letter Received by Defense Stating
that Grandfather of Orchard
Was Demented ever Com
fessiSns.
BOISE, July HILARY Orchard. tho
principal witness for the state against
William d. Haywood, was called In rebuff
tai this morning. when the trial Of the
secretary of the Western Federation, OF
Miners was resumed. Orchard was in the
chair about twenty minutes The ques-
tions of the state were few, and in less
than five minutes Orchard was turned
over the cross-examination. L. f. Rich
ardson, cross-examining, brought out new
feature when he asked If Orchards ma
/ ternal grandfather was not insane on the
subject of confession Of imaginary crimes
! Orchard admitted that mis- uncle, Peter
Mckinney, who lived in Northumberland
county, ontario, had hanged himself while
/ insane. He denied all knowledge Of
grandfather named Patrick. This cross
examination was based on letter received
! by the defense from b. F. McKinstry Of
! Alameda, Pa.
The writer claimed that ne received tho
! information from Mrs Margaret Bull of
! Woolner Ont, who was a neighbor of
/ Patrick Mckinney, the grandfather Of
! Horsely or Orchard. She said Patrick
! Mckinney was ian old style country gen.
! tleman, but he became insane and raved OF
crimes he had committed in Ireland. Az
a result his family kept him chained
| for years"
lawyer and witness Clash
William Dewey, the witness who made a
confession on Saturday and other wit
nesses in rebuttal testified briefly. In
the last half hour of the morning ses-
| sion rebuttal on the claim OF a conspiracy
against the Western Federation of Miners
between the Citizens Alliance, the Mine
Owners association and detectives in
Colorado An interesting verbal duel oc-
CURED when Richardson. for the defense,
took e. l.. Sabin, a lawyer of Ihaho
| Springs, Colo, in hand for cross-ex-
| animation. Richardson and Sabin were
| engaged in the trial of cases in Colo
! RADIO in 1903, Richardson defended and
Sabin prosecuted
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 - evidence of the records
of the state insane asylum showing the
Z commitment 10 tnat institution JOnn
d. Elliott, who as a witness for the de-
fense, testified to a long conversation
which he said he had with Harry Orchard
in November. 1906. The court cited a
statute which provides that insane per
sons shall not be accepted as witnesses
Apparently, he said. the prosecuting at
torney knew of Elliotts commitment
when he appeared on the stand and they
should have objected to his testimony at
that time
William Dewey, the witness who
startled the court room on Saturday by
confession to participation in the Coeur
d'Alene riots and the attacks on the
Bunker Hill and Sullivan mill. was
recalled to further identify W. f..
Davis as the man who handed out
guns and ammunition the day the mob
started for the mill. The defense took ad-
vantage OF Dewey's temperance to ques-
tion him further as to his motive for
testifying at this time. Dewey denied
that he had been allowed to go in debt
to the extent of 5000 to the Union store
at Cripple Creek through the leniency of
Davis.
Credit of witness II Good.
Didn't Davis finally deny further credit
TO you and wasn't It then that you left
the union?" asked Attorney Richardson.
mo, SIR"
Dewey admitted that he stin owes the
union $50 or $25 for supplies from the store.
He said he had never been refused credit
! by any one
Didn't you after testifying on Saturday
say to the man who accompanied you
downtown that you knew the names of
) at least 200 of the men VINO went to the
Bunker Hnl and Sullivan MILL but you
, would be-if you would tell that lawyer
fellow?" demanded Richardson.
mo, SIR"
, The witness declared he could remem-
ber no conversation.
Lawrence Guibbini, the San Francisco
grocer, who lived across the street from
the Bradley apartment house, was recalled
ITO deny that he served a drink to a man
named Reilly the morning of the Bradley
explosion. Reilly, who appeared as a wit
ness for the defense, declared Guibbni and
! his wife had served him a drink Mrs
Guibbni also took the stand and denied
I what Reilly had said. on cross-exam-
ination Guibbni said he had received $50,
as travelling expenses for returning to
Boise from San Francisco The state con,
tinued further to rebut testimony as 70 the
, Bradley explosion.
Position of Murdered Man.
Charles Wayne. who lived next door Ia
, Governor Steunenberg. was called to testify
as to the position in which the governor
, was found after the Orchard bomb had ex,
I ploded, the purpose being to show simi-
= larity in the effect on Bradley and Steu-
[ nenberg.
The attorneys for the defense objected tc
- this testimony as not proper rebuttal, argu,
; ing that the subject should hnve been gone
a into as a part of the direct case. The OBJ,
: lection was sustained and the witness with
4 drawn.
c. D. Lanson OF the Boise LAght company
! next was called as a gas expert to n,but
r the theory OF the defense that the Bradley
explosion was caused by gas, tho ignition
: having been through a lighted cigar.
j Lanson declared IN positive terms thai
gas would not ignite from any glow sucl
as that In a lighted cigar. He said a flame
temperature was necessary before gas ex
plodes.
. Farce of Exploding Gas.
In order TO explode, Lsnson declared the
accumulated gas in a room or hallway