Omaha daily bee., 1907-07-14
DEFENSE RESTS CASE
Haywood's Attorneys Spring Surprise
on the Prosecution.
STATE BEGINS REBUTTAL
Nine Witnesses Examined During
First Two Hours.
GAINEY DENIES POKER STORY
GANEY DENIES POKER STORY
Miner Says He Did Not Sit in Game
with Orchard at Muller.
o'NEM IN THE PENITENTIARY
Evidence to show that Editor OF
Miners MagaEine Served Term
in south Dakota for
ManslauEhter.

impeachment and rebuttal became the
order of the day. when. shortly after the
opening Of court this morning counsel for
the defense Of William D. Haywood rested
their case and the state commenced the
second innings.
The rebuttsl brought out a look Of
witnesses whose evidence, short and
snappy, kept the court room we'll keyed
up. J. II. Hawley conducted the examina-
ton for the state, and e. F. Richard
son again took the lead as cross-examiner.
Hawley, vigorous and aggressive, Richard
son quick and at times showing irritation,
together provided a number of interesting
passages. Good humor mingled with grave
insinuations, and short passages between
counsel promptly suppressed by the court
Objection after objection was poured into
the record by counsel for the defense.
Clarence Darrow assisted Richardson in
keeping interest stirred to the point of
excited anticipation and the morning ses-
sion was generally lively. Nine witnesses
were examined in the FIRST two hours. the
most interesting being August Paulson,
formerly a partner OF Harry Orchard in
of Wallace, Idaho,
The afternoon session will OPEN with ar
guments as to the admissibility of certain
documents and court will sit until $780,
John c. Rice was recalled to the stand.
He testified that in November, 1905, Or
chard did not wear a mustache. This was
in contradiction of one of the witnesses
for the defense, who awore he heard Or
chard make threats against Steunenberg,
describing Orchard as a man with a large
| mustache.
The next witness was Dan Gainey OF
wslla Walla, Wash Gainey lost both feet
| in the Independence depot explosion. He
| lived in the Occur d'Alenes in 1898 and 1899,
| and roomed a part OF the time with Or
| chard- Gainey said that Dominick Flynn,
| who testified that he was playing poker
with Orchard on April 10. lSs9--the day of
! the Bunker Hill and Sullivan explosion
had told him In a conversation that he had
not seen Orchard since February. 1883.
Cross-examined by Richardson, Gainey said
he had no present business.
when did you go out of business7'
after 1 was dynamited at Victor"
"It was because you were dynamited that
you wanted to come here and testify?"
mo, SIR
you know 1t was Orchard who says he
blew you up?"
| "Yes."
But you have corresponded with Orchard
since his arrest?"
"I have written to him several times"
That's ALL"
witness from DeadwOOd.
r. e. Grimshaw OF Deadwood, s. D.,
was introduced by the state to Identify a
prison record showing that in 1880, John NJ
| ONei at present and for many years past
editor Of the Miners Magazine. was In
the Dakota penitentiary. The defense OBJ
| jected on the ground that this was not
proper rebuttal or impeachment, that wit
ness O'Neirs attention not being called to
! the matter when he was on the stand. To
| allow the citation of authorities the wit
ness was temporarily Withdrawn.
In contradiction OF the old soldier, John
! d. Elliott, who said he heard Orchard
make threats against Governor Steunen-
berg while on a train, the state introduced
several railway ofncials who produced
records showing that the trains on which,
Elliott said he and Orchrd travelled dld
not make the connections which Elliott had
described a part Of the Journey Elliott
testified for the defense that he Travelled
from Weiser Idaho, to Boise, Idaho, about
November Is or %, 1905. The state called
J. p Stephenson, hotel clerk Salt LAX,
| City today testified that Orchard arrived
at the Hotel Cullen on November e, 1905
and remained there three weeks WheT
asked to produce records the witness sale
he could only find Orchards name entered
IN the books on November 25. II was IN,
mans custom to pay for his room nightly
in advance.
Summoned by a PInkertOA.
J. II. Moser, proprietor of the Kettle
block rooming house In Denver, testified
that Harry Orchard. under the name o.
Dempsey, stopped with him for two week.
late in July or August, 1904 Dr. McGee,
witness for the defense testified severa
weeks ago that he saw Orchard In tn,
Coeur d'Alenes at this time. On cross
examination he said he kept no record o
guests and did not remember the names o
any other transient guests in the summe
OF 1904. He was requested to come I,
Boise by a Pinkerton detective.
Motive of Orchard.
Interest in the rebuttal case was ma
terlally quickened by the calling OF August
Paulson OF Wallace, Idaho. one Of tn,
owners OF the Hercules mine. in which
/ Orchard once held one-siNteenth interest
There was a long argument between coun
sci as to the witness ability to tell wher
Orchard ceased to exercise any control o.
the mine Paulson said he could not re
member the exact dates, but after tn,
spring Of 1888 Orchard had nothing further
to do with the property, his interest being
succeeded by Dan Gardener. now a wealthy
man from the production Of the mine.
The defense claims that Orchard had
personal motive against steunenberg be
cause of the loss OF this property, wheI
he was driven out OF the country as
part OF the 1899 troubles. Tho state claim
Orchard sold out his interest a year o.
so before the trouble started. The deet
which Orchard transferred his interest n
the Hercules mine 10 Gardener was ad
mitted In evidence over the protest OF tn
defense. II bore the date OF March I
1855.
Paulson was cross-examined but brienl
and left the stand as the luncheon ad
journmsnt until l:o p m. vas ordered