Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-06-26
ORCHARDS LANDLADY
She Knew Him as J. DEMPSEY in
Denver.
WAS VISITED BY PETTIBONE
New Attorney Takes Part in the De-
tense.
PROCEEDINGS OF YESTERDAY
It Is Said if Haywood Is Acquitted He
Wants to Practice Law-Seems
Well Qualified.
OF YESTERDAY

on the stand when he laid the founda ton
Will be provided by the defense today. So
| far the witnesses have testified to the &C.
currences at Cripple Creek in 1903 and 1904,
and In the Occur dAlene section of Idaho,
| where Orchard says he committed his first
| great crime by touching off one Of the
| fuses that blew up the concentration at
| Wardner in 1899, resulting in the death of
two men. The defense is trying to prove
| that Orchard was not at Wardner on the
| day Of the explosion. The defense has been
allowed to ask questions bringing out the
story Of the disturbances at Cripple Creek
| during the period of the great strike of
| miners there. The state has objected to
opening up this wide field, but the defense
| insisted that 1t had the right to go deeply
into this matter of labor troubles in order
that it may show what was done by the
military and the provocatiOn that was given
| the striking miners. Today they will prob
ably go into this further and show the ac-
| ton Of the Western Federation. whose
leaders the defense claims were always on
the side Of peace and consistently against
| disturbance and riot.
Discrediting Orchard.
While the foundation for proof of conspr-
acy on the part of the mine owners to ex-
| terminate the federation makes a large
| part of the fabric the defense has built
| upon so far, Orchard is never lost sight of,
| and witness after witness Is called to show
| that Orchard, through all the years that in
| tervened between his flight from Idaho in
| 1889 and his return to this state in 1905,
I carried with him continually and expressed
a private grudge against StennenbeFg.- If a
sufficient weight Of evidence can be brought
| to show that the assassination of the for
| mer governor was merely the elimination
| Of one mans grudge and not the part of a
| conspiracy counsel for the defense say that
the states case must fall to the ground.
Orchard will stand convicted out of his
| own mouth Of this one murder, and If
| conspiracy on the part of the detectives
employed by the mine owners to destroy
property or cause riot in order to continue
| state or martial law can be shown, it is
| the opinion of counsel that the jury will
abandon the conspiracy idea altogether and
that their clients will go free.
While the defense Is trying to break down
Orchard by sheer weight of testimony the
state is pushing each witness as far pos
sible to show that they are subject to i'm
parchment later. The large number of wit
nesses to be examined by the defense gives
promise of long period of rebultal testi-
mony.
Haywood's Ambition
Half a dozen witnesses have fatty contra
dicted portions Of Orchards story. Some of
these witnesses were identified by Orchard
that he had ever said that he desired to
kill Steunenberg because of the governors
interference in his money making in the
Occur d Alenes. Today the defense will
continue along practically the same lines 1t
followed yesterday. Judge Wood is allow
ing the defense the widest latitude. OBJ
pection after objection by the states attor-
| neys is overruled ON a promise by the de-
Tense that they will connect the various
matters later.
This is case of following the same
course adopted by the court when the state
had it's innings. Haywood since the opening
of the side for the defense has been par
ticularly alert. He sits among his counsel
now and confers continually. He watches
each witness carefully and takes copious
notes as the evidence is given. 1t is quite
evident too, that counsel for the defense
pay much attention to the suggestions made
by Haywood, who, it Is stated by members
of his counsel, will take up the study of
law should he be acquitted. They say that
he shows remarkable legal acumen and has
a very considerable knowledge of the law.
Another Orchard Alias.
A new attorney appeared at the defend
ant counsel table when the Haywood trial
was resumed this morning, making the
tenth of the long list Of attorneys engaged
in behalf of the accused miners. The new
conner is Walter E. Mccormack OF Chicago.
Mr.. Mccormack has been engaged IN the
fnr Aafa in Nnl-
orado and has been In Bose only since the
defense opened its case.
The first witness of the day was Mrs. Lot
tie Day, who knew Harry Orchard at the
Belmont rOoming house In Denver under the
name of J. Dempsey. Mrs. Day said she
met Orchard just prior to the convention OF
Western Federation OF Miners in 1904. Once
while she was talking to Orchard. Haywood
and a man named Mcdonald, who also was
connected with the federation, came in
Orchard introduced her to Haywood and
then went away with him. Mrs. Day said
she was first summoned to Boise by the
state, but was sent back to Denver two
weeks ago. The witness related a CONVEX
sation with Orchard when the latter told
her that poverty had separated him from
the one woman he loved and that Steunen-
berg was responsible for his being poor and
he would get even with him If it was the
last act of his life
Didn't he say That ID Steunen-
berg?" asked Mr.. Darrow.
mo, Sir, I'm sure he didn't swear like
that. 1 think he said devil Of a Steunen-
berg"
Used Pettibone as a Bank.
Mrs. Day said that one day when Orchard
was telling her about his gambling exploits.
he said he always kept little money put
away, that when he made raise he
put some money away with Pettibone and
drew it out as he needed it.
On examination Mrs Day said she |
now conducted a rooming house in Cripple |
Creek but lived most of the time in Dem |
yer.
She was introduced to Orchard by Petit |
bone, whom she had known for two years |
prior to 1904. She knew him quite we'll |
and he often visited her. Mrs. Day said |
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