New-York tribune., 1907-07-14

you up?"
But you have corresponded with Orchard since
| his arrest?'
Il have written to him several times"
That's ALL
| r. E. Grimshaw of Deadwood. S. D., in
troduced by the state to identify prison record
showing that in 1850 John NJ ONeil at present
and for many years editor of THE Miners Maga-
zine IN the Dakota penitentiary The de-
fence objected on the ground that this was not
proper rebuttal or impeachment ONelIs attention
not being called TO the matter when he was on the
stand To allow the citation of authorities the
witness was temporarily withdrawn.
II contradiction of John D. Elliott. the old SOL
dier, who said he heard Orchard make threats
against Governor Steuuenberg while on a train.
the state introduced several railway officials who
produced records showing that the trains on which
Elliott said he and Orchard travelled did not make
the connections which Elliott had described as
part of the journey. Elliott testified Tor the de-
fence that he travelled from Weiser Idaho. to
Boise about November 2S or 90 1908. The state
called j. p. Stephenson, hotel clerk, of Salt Lake
City. to-day testify that Orchard arrived at the
Hotel Cullen November 25, 1908. and remained
there three weeks When asked 10 produce records
the witness said he could find Orchards name en-
tered in the books only November %. 1t was the
mans custom tc pay for his room nightly in ad-
vance
J. Ii. Moser. proprietor of the Kettle Block
rooming house in Denver. testified that Harry
Orchard, under the name of Dempsey. stayed with
him for two weeks late in July or August. 1904.
Or. McGee, a witness for the defence. testified
several weeks ago that he Orchard IN the
Coeur dAlenes at this time.
On cross examination he said he kept record
of guests ana did not remember the names of any
other transient guests in the summer of 1904. He
had been requested 10 come to Boise by a Pin1er-
ton detective
HERCULES MINE OWNER CALLED.
Interest in the rebuttaI quickened ma
terially by the calling of August Paulson, of Wal
lace, Idaho, Of the owners of the Hercules
mine, in which Orchard once held a one sixteenth
interest There long argument between
counsel to the ability Of the witness to tell
when Orchard ceased TO exercise any control in
the mine. Pauson said ne could not remember the
exact dates. but that as early as the spring OF
| 1885 Orchard had nothing further TO do with the
property. his interest being succeeded by Dan
Gardener now wealthy from the production of the
mine.
The defence alleges that Orchard had a personal
motive against Steunenberg because of the loss Of
this property when he was driven out Of the
country at the time OF the 1899 troubles. The state
makes the allegation that Orchard sold out his In
terest a year or so before the trouble.
The deed by which Orchard transferred his in
terest In the Hercules mine TO Gardener admit
ted in evidence the protest of the defence. II
bore the date of March T. 1898.
PaulsOn was examined only briefly, and
left the stand as the luncheon adjournment was
ordered.
At the opening Of the afternoon session Judge
Wood announced that he would admit evidence Of
fered by the state in rebuttal 10 show conviction
for manslaughter Of John NJ. ONei. the editor Of
The Miners Magazine" and who was witness
for the defence.
The jury was kept out of the courtroom while
the argument as the admissibility 81 O Nell q
conviction was in progress There was also an eX-
tended debate the admissbility Of the papers
committing John u. Elliott n witness Tor the de-
fence, to the insane asylum The attorneys for
the defence argued that the witness had admitted
that he had been committed and tnat the papers
Of commitment We're therefore imma tertal Judge
Wood said he would not pass upon the question
until Monday morning
After the jury had returned. Mr. Hawey read
the papers I'm the O'Ncil case. O'Neil charged
with the killing Of Daniel Falvey, and upon being
convicted OF manslaughter in the second degree
penttentiary.
To contradict tho statement Of big Biz Davis
for the defence that he was In Gem Idaho. the day
OF the Bunker Hin and Sullivan explosions. the state
put E. l.. Hale master mechanic Of the Idaho
Mine and Smelling Company. upon the stand. Hale
said he was In Gem the day Of the explosion ana
that he saw only two other men In town that day
WAS IN THE ONLY SALOON OPEN.
There was only saloon open. and he was
In It. on cross-eXamlnation Hale said lie was
downtown only about ten minutes.
Davis also stated when on the stand for the
defence that he did not go 10 Wardner the day Of
the Bunker Fill explosion and knew nothing
about H.
Following Hale. the state called William Dewey.
n miner in the Viudicator mine at Cripple Creek
Dewey said he was in Gem. Idaho and started
FOR Nardner At that time he was a member or
the Western Federation OF Miners. IIe attended
Davis there
What was he doing that attracted your atten-
tom asked N1r Hawley.
"Ho was handing out guns and ammunition from
the stag" Of the union hall said Dewey.
Did you get gum
Yes. sir Davis gave me one
did Davis go with you and the others to Ward
"Did he go to the Bunker Hin and Sullivan
mill?"
Yes sir"
You him there?"
Yes"
Did you him Wardner after the ex-
plos!onl' pI,IeI
The witness said Davis was in the rush on the
mill when two killed.
On examination Dewey said the meeting at
Gem was not confined 10 the members OF the union.
but was open 20 the general public He could
member only the names or two besides him
self and big BIZ Davis who at The meeting
or on the train. one fellow was named Shake
speare.
RICHARDsoN. Is FACETIoUs
WAS Bacon anywhere around?" asked Mr.. Rich
ardsou.
Il did not know him" replied the witness
rs Shakespeare dead?'
II don't know"
Richardson asked If there was not another big
fellow in Gem known Big B' Davis and
who afterward took the name OF Goldensmith and
elected the legislature
Il knew Godeusmth. but never heard him called
Davis. He vas about six feet tall and very
slender
Dewey said he remained in the C,pur dAIenes
several months after the Bunker Hin explosion
lie was never arrested put in the .'hullpen.''
When tho strike was called in Cripple Creek
deserted the union. He was closely questioned by
Richardson as 10 how he came appear as q wit
ness lie said he was told To % 10 the Pinkerton
office in Denver. He did and received $50
Dewey said he was at one tine town marshal OF
Cripple Creek
Mr.. Richardson returned to the trip of the mob
to Wardn"r and asked Dewey to give more names
He said he remembered e named Paddy
Burke, who, he said. carried a Springfield rifle with
a bayonet on II. Urged stll further to give tho
names Of persons with him on the return trim
Dewey hestated long while. and finally said he
could not remember any OF them.
We'll. who do you think We're there" demanded
Richardson
"WeH,' he replied will you get the payroll of
cad