Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-07-04
Witnesses Who Figured Con-
spicuousIy in AssaSSin's Con-
feSSion Give Different Yer
sion of Alleged COnSpiracieS,
PROSECUTION SEEKS TO
STRIKE OUT TESTIMONY
Serves Notice of Intention to
Have Damaging Evidence of
Defense Thrown Out as I'M
material,

material,
IBy Morning journal Special Leased Wire.
Boise. Idaho. July 3.-At the ad
journment of the Steunenberg trial
today the prosecution served notice OF
its intention to submit a series of mo-
tions to strike out evidence of the de-
fense, unless the connecting up testi-
mony that has been promised is forth
coming. Clarence Darrow for the de-
fense had previously announced that
mis- side might be able 10 rest by sat
urday evening. although IL might be
necessary to let the calling of Hay
wood and Meyer go over until Monday
and following an informal confer
ence with counsel, Judge Wood dl,
rected the prosecution to be ready on
Monday with its case in rebuttal.
James II. Hawley. senior counsel for
the state, said i'm reply that II was tho
intention of himself and his assistants
10 present a series of motions dealing
with the evidence presented By the
defense. Messrs. Darrow and Rich
ardson said that the defense also
would have some motions to make
so that at the end of this week Or
the early part of next the taking Of
testimony will probably be interrupted
for an extended argument on the ad-
mlSSibiltty OF mass OF evidence al
ready in the record.
The defense operated todaY alonG
nea~ly all Of its lines There were al
tacks on@Orchard's testimony at sew
eral points, there was a showing that
union miners had been abused by the
mine owners and militia at Cripple
creek and Telluride, there was
showing that Pinkerton agents had
advised violence and endeavored to|
prolong a strike \ woman who served
with the relief comm ittee that looked
after the families Of the dcpOrted min
ors at Cripple Creek swore that shH
had been twice arrested and twice
warned that II she persisted In hef
work she would be deported, and an
other woman located Orchard with
Detectives Scott and Sterling the night
Of the second attempt to wreck the
Florence and Cripple Creek railway
train.
Two of the witnesses were men who
figured conspicNously In the testimony
of Orchard They were David Coates,
former lieutenant governor of Colorado
and Pat Moran, formerly saloon
keeper at Cheyenne. Coates posi-
lively denied Orchards version of the
plot to kidnap the children Of August
Paulson. and Moran denied that he
made a trip from Cheyenne to Denver
after the Independence station was
blown IN. for the purpose of gettins
S500 from George \. Pettibone Tor
Orchard.
AT the opening Of the morning
sion it was announced that Juror II. (
+. Massecar had been quite III dur 1g
the night Judge Wood asked Mas -
car n he felt able To proceed today. ]
Upon receiving an affirmative AZ
swer the court informed the juror
that II at any time he felt II neces- /
sary. the trial would be interrupted |
until he was in better physical con- |
d!tion.
The prosecution asked the court to |
issue an order directing W. +. Davis, /
one OF the leading witnesses for the
defense. to remain within the iuris-
diction of The court as he would he !
wanted again. The Nder was issued. |
Francis c. Clifford. a life insurance /
solicitor. Of Sterling. colo, was the !
first witness Of the day Clifford said
that he rented desk room In George
A Pettibone's store in Denver. holding I
u from April until November. 1905.
The witness met Orchard under The
name Of Tom Hogan" Peitibone
making the Introduction.
orchard told me one day that he
was making lots Of money selling
hail insurance" declared Clifford.
He then turned 20 Pettibone and
hone said he did not have money
enough, but he offered 20 give Or
chard as much as he had. Orchard
said he would take What pettibone
had, and get the balance later. Next
time ! saw Orchard he told me he
was going TO Alaska. This was in
June. 1895"
Joseph c. Barnes. living near Mont
rose. Colo. was the next witness. He
said he and George Riddell. "Pinker-
lon operative number 80" we're chums
and fellow members Of the union at
rcllurice
Barnes declared that Riddell was
suggesting violence. lie /
to roll two kegs of powder
iown a hill into the Liberty Rel mill.
md advised the miners % punch
iny drt,uis5. ~ '-s1a -.er" ~h" l""t-
"A cruss
tie also told them to burn the town !
u Telluride. and 90 best up any men {
Who started 10 work and run them !
'ut ~ town.
Barnes Was a most loquacious Wit Z
hess and costantiy called out waves 2
'f laughter by his ready and Lengthy
'e.lles-
After being deported from Teiiu- Z
-ide Parnes told 81 going back 70 d
own in = barrel The militia discov-
red him but he escaped by climbing
! irst He saw Orchard and Riddell
ogether once in Telluride II
Cross-examlned hy senator Borah. d
Barnes said that be never engaged In .
INV criminal act with kiddelL
Did you ever contemplate any Q
.rime-~ asked Borah. O
Yes. sir. when ! started back 10 lr