The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-21

0thOW w uAhhS Ialb5 Nt3LementA OF t0ll
character before this jury2"
The Court will in due time" replied
Judge Wood shortly, instruct the Jury
That statements Of counsel are not TO be
taken as evidence"
Vel; at any rate. pursued Hswley
Steve Adams is below here. and has been
ever since this case got under way; and
l ask you IL this incident / have been
speaking Of we're false why wasn't Adams
called to swear to its untruth upon the
witness stand2"
Darrow swallowed the question and
Hawley proceeded TO take up the Inde-
Pendenoe station explosion. which he pre-
hminartly denounced as probably the most
inhuman OF all the crimes testified to by
Orchard. h outrage, the defence has
commended, was arranged by the mine
owners to discredit the federation. LAWYER
Darrow 30 stated In his opening and prom
ised that testimony would be offered show
ing that the killing Of fourteen men was
entreiiy accidental. No testimony to mis-
effect has been introduced. and Mr.. Hawley
commended that this fact alone should dis
credit the defenoe's contention about this
line. Moreover, b explosion was pulled
on exactly at the hou when the platform
was unusually crowded with n%on-union men
ana when the train they we're waiting for
was just coming around the curve less than
half a mile away.
C. W. Aller came in for a broadside then.
lie is the man who swore he saw Orchard,
SCOTT and S~terlngSin Cripple Creek three
weeks before the Independence explosion.
Aller is o in Jail here on a charge Of
perjury in making this very statement and
the testimony OF Scott and Mrs. Ida Baker
put Alters testimony out Of commission.
for both OF them swore that Scott was in
Denver at the time Aller testified about.
o. course the jury could not be told that
Aller had been arrested for perjury. but Mr..
Hawley could declare him q ~wilful per-
jurer.' which he did at the top Of his voice.
One by one, gentlemen he said. -the
roses fall. One by n these witnesses
perlurers. IL was so with W. +. Davis.
with Dominiok Flynn, so with Thomas
Wood and 80 with this man Aller.'
The dogs bobbed up again at this time.
They were the bloodhounds brought 10 the
Independence several hours after the ex-
plosion. They got the scent from the chair
rung that was used as a lever by the men
who set on the bomb. They ran twice to
AL Bemore's cabin and they ran a mile or
two in another direction. Mr.. Hawley
called attention to this inconsistency on
the part OF the pups, and also to the fact
that a big crowd had run to the scene of
the disaster, and hat the chair rung must
have been handled by several il not many
persons long before the dogs got there.
II was very likely that Bemore. who was a
deputy sheriff, had handled the chair rung.
Again the prosecutor hit the Steve Adams
keynote. He referred to the fact that Or
chard swore he and Adams blew up the
Independence station for the federation
leaders and again he demanded why IL
Orchard a lied the defence did not put
Adams on the witness stand to deny it.
Pat Moran was next added to the gallery
OF perjurers. He Is the man Orchard said
for him and who testified that he never
done it and rubbed il in by saying that he
was not In Denver for six month around
b a time. This was rather bad Judgment
on Pats part, Mr.. Hawley thought. for a
man who knew Moran we'll and used to
yer at just the time Orchard spoke Of and
Just hen Moran said he was not there.
Then Hawley passed on to San Francisco.
That letter. that registered letter, mark
you, that Pettibone sent to San Francisco
containing money, Orchard said was sent
in the name Of j. Wolf and j. Wolf comes
and tells you he sent IL and saw Pettibone
put in a Masonic charm and miners work.
ing card. Then comes a handwriting ex-
pert and swears that the application FOR a
register was made out In the handwriting
Of Pettibone. and the two kilograms by
which money was sent to Orchard In San
Francisco ostensibly by p. Bowen we're
applied for in Petitioners own and also.
Counsel for the defence stated that he
would prove to you that this money was
money Orchard left with Pettibone. who
out OF the kindness Of his heart acted as
banker and ave il to him whenever he
needed il, but not a scrap OF evidence, as
you kaow, has been introduced to bear out
this s~tatensSnt."
Mr.. Hawley reverted to Orchards doings
in San Francisco TIT Independent evil
dence given on this phase of the case is
perhaps in its completeness the most extra
ordinary OF all. Scarcely an item OF evil
denoe that Orchard gave regarding his
doings around the Bradley residence is
even disputed by the defence, with the
exception Of his declaration that he twice
tried to kill Bradley. None of the sig
nificance of these things was overlooked
by the prosecutor as he talked to the jury
men.
AT the opening Of the afternoon session
Hawley took up once more his series OF
half hours with the best perjurers." This
marks. No person save DIR. Magee. said
MIR. Hawley, had testified OF Orchards
whereabouts in July. 1904. with the excep-
ton Of Orchard himself.
What does DIR. Magee tell you?' he went
on.
He tells you Orchard came into his Office
in Wallace. Idaho. in July. 1904, and told
him he was a spottet. Did ANYBODY else in
all Wallace see him them Apparently not.
Yet the defense would have you believe
that Orchard went into the office of this
comparative stranger and told him his
private affairs. On top OF this we bring
you the witness, Meyer, who tells you
Orohard was staying as his rooming house
in Denver at tina very time. This drives us
to the conclusion that DIR. Magee was either
mistaken or that he was deliberately lying"
The prosecutor took up the case Of Lyle
Gregory, reviewed the testimony which
showed that he was reported TO be one Of
the chief witnesses in a trial which involved
federation men and declared that neither
Orchard nor Steve Adams, who actually did
the killing, could have had the slightest
private motive for causing the death OF
Lyle Gregory. The same line Of reasoning
was applied to the attempt TO kill Judge
Goddard by Planting n bomb at his gate.
Hawley went over the testimony Of
Orchard that he planted the bomb and
the testimony OF Judge Goddard about
seeing il dug up nearly q year later. Then
he referred to the we'll known and fire.
quently expressed animosity Of the fedora
ton against the Judge and the eight hour
law and habeas corpus decision that he
aroused the federation's wrath against
and defed anybody to suggest any
shadow Of a private motive that could have
induced Orchard to make this attempt
to kill the Judge.
The federation had a motive. Orchard
said the leaders hired him to do the job:
The attempt was certainly made as Orchard
testified. The chain was complete, there
was no room whatever left for doubt.
Ultimately Mr.. Hawley came TO the Steun-
matter. This feature OF the case