The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1907-07-15

Boise, Idaho, July 15.-When the
Haywood trial was resumed this NOR
ming, Judge Wood announced that ne
had decided to sustain the objection
of the defense to the admission in ev-
idence of records on an insane asyl-
um showing the commitment to that
institution of John ID. Elliott, who as
a witness for the defense testified to
a long conversation with Orchard in
November, 1905. Judge WOOD said the
prosecution should have objected to
| the testimony wnen introduced if they
wanted it stricken out
| VIM. Dewey, the witness who star
tied the court room Saturday by con-
| Tossing participation in the Couer
| D'Alene riot, was recalled to further
| identify w. F. Davis as the man who
handed out guns the day the mob
| started for the Sullivan mill The de-
Tense took advantage of Dewey's re-
| appearance to question him further
| as to his motives for testifying at
this time. Dewey denied tnat he owed
| $500 to the Union store at Cripple
| Creek, and said it was not because
he was denied further credit that ne
| left the union. He admitted that he
| still owed the union store between
| $25 and $50, but said he had never
been refused credit
The state continued further rebuttal
| evidence today in the Bradley explo
| sion. Among the witnesses was c. D.
| Johnson, of the Boise Gas Company
who declared on the stand that gas
would not ignite from any glow such
as that in a lighted cigar He said a
| flame temperature was necessary be
fore a gas explosion.
Harry Orchard was next called to
| the stand and examined regarding
statements made by some of the wit
| nesses for the defense. The questions
| of the state were few, and Orchard
was turned over for cross exami1a-
ton. The cross examination was de-
voted to inquiry into his family his
| tory. 1t is now being claimed that
| strong evidence has been discovered
to show a strain Oh insanity on the
maternal side. Orchard denied all
knowledge of a grandfather named Pa
| trick Mckinney He had a GRANDPA
| ther named Mckinney, he said. but
did not know whether ne was insane
or committed suicide He said tnat he
had an uncle who was insane and
who hanged himself He denied that
his uncle ever imagined that he had
committed crima Thfc
ination was based upon a letter re-
ceived by the defense from B. w Nc
Kinstrey. of Alameda, Pa. The writer
claimed to have received his informa-
ton from Mrs. Margaret Bull. OF
Wooler, Ont, who was a neignbor OF
Patrick Mckinney, the grandfather Of
Orchard. She said Patrick Mckinney
was an "old style" country gentle
man, but that he became insane and
raved of the crimes he had committed
in Ireland, and as a result his family
kept him chained for years.
E. NJ. Sabin. an attorney of Idaho
Springs. Colorado, was the last wit
ness Of the morning He testified that
Detective Gregory had been employed
to get evidence II the case of consplr-
acy growing out of the attack on the
Sun and Moon mine. The defense has
claimed that Gregory had nothing to
do with anything in which the FEEDER
alton was interested Richardson and
Sabin were engaged in the trial of
cases which grew out of the Sun and
Moon explosion in Colorado in 1903.
and today engaged in an Interesting
verbal duel over whether the men ar
rested for the crime and acquitted
were really guilty or not.
Richardson drew out the fact that
! at the time of the explosion Sabin
and eighty members of the Citizens
Alliance were placed under bonds to
keep the peace. The witness denied
that this was the reason Federation
men had been prosecuted. Recess was
taken before the cross examination
was concluded.