The Birmingham age-herald., 1907-06-05
IMPEACHMENT OF WESTERN
 MINERS IN HAYWOOD CASE

CONTINUED FROM PAGE 1.) their rights as to the entire opening state ment. Judge Wood permitted the wide scope to the opening statement on the assurance of MT. Hawley that the state could show the existence later of the conspiracy which it charged and make the necessary legation.
 Eight Witnesses.
 Eight witnesses were examined and there would have been time for three or four nor if the available supply of the state had not unexpectedly run out en- forcing an adjournment after o'clock. The witnesses today were all from Cald- well and those who did not tell of the crime itself were called to locate Harry Orchard, who went to the town as Thom- as Hogan at various hotels and around the Steunenberg home and to show that two months before the crime John L. Smpkins, a member of the executive board of the Western Federation of Min CTS, had joined Orchard and had lived with him for several days in the same room. The defense objected to practi- cally the days testimony except that re- lating to the death of Steunenberg on the ground that it was immaterial and in no way connected with the defendant. The several conversations of Orchard were
 
 in no way binding upon the defendant. Judge Wood however, permitted all of the testimony to stand an undertaking of the prosecution to later show the connec- tion.
 When court sits at 9 o'clock tomorrow there will be further testimony as to the events at Caldwell and then Harry Orch- ard will take the stand. Orchard Is to be brought in from the pententiary in the forenoon and turned over to Sheriff Hodgins until he has been examined and cross examined to the satisfaction of both sides He will be close cell neighbors In the county jail to the men whose lives he may swear away, but it is likely that they will not get even a glimpse of him during his stay there.
 No Violence to Orchard.
 Harry Orchard, the self-confessed mur- derer of former Governor Steunenberg, who will go on the stand probably to- morrow afternoon to give testimony n the case against William D. Haywood, was brought into Boise this evening from the Idaho penitentiary. For some hours he was closeted with the attorneys for the prosecution, and it Is probably that tonight he will be locked up in cell ln the county jail.
 This is the first time Orchard has been out of the penitentary since he was brought from Caldwell immediately after the assa ssiuation of the former gover- nor. Or his trip into the city tonight he was accompanied by Warden Whitney. Notwithstanding the report of possible violence to Orchard on the part of the friends of Haywood, the prisoner was sur rounded with but little precaution during his drive into the city. He was dressed in the same suit of gray that he wore when seen by the newspaper men, who visited hi mreeently in the penitentiary Orchard is looking well, and shows little apprehension on account of the ordeal he will be called upon to face while he is on the stand.
 Court Room Filled.
 The court room filled up quickly this morning with those who came to hear the opening statement of the prosecu- tion The jury filed in promptly at 9:30 o'clock.
 When Mrs. Haywood was wheeled into court in her invald's chair, she was handed a large bunch of red roses by Mrs. Steve Adams, wife of one of the man said to have been involved in the alleged conspiracy. Haywood was trile pale as he took his place near the long counsel table and declared he felt quite well' after his brief illness of last night. Judge Wood appeared on the bench at $40 o'clock.
 Prosecution Opens.
 Mir. Hawley for the prosecution began his address five minutes later. He de- clared he had no intention of going into details of the states case to any great extent. He briefly went over the events immediately preceding the death of for mer Governor Steunenberg, whom he de- scribed as one of the foremost figures of the state of Idaho. He told also of the positions held by Mover. Haywood and Pettibinne in the Western Federation of Miners. He said that Harry Orchard, who is said to have confessed to placing the bomb which blew Governor Steunenberg into eternity, was also a member of the Western Federation of Miners as was prehended.
 MT. Hawley told the jury that while Haywood Pettibinne and Mover are specifically charged in the indictment with having thrown or exploded the bomb 1t is not the purpose of the prosecution so