The evening star and Newark advertiser., 1907-07-15
THE
SANITY OF
ORCHARD
Defense Makes Him Admit
That His Uncle Hanged
Himself While Insane.

BOISE, July 15.-Harry Orchard was
called to the stand as rebuttal in the
William Haywood trial at 1876 A. M.
toady. He was examined regarding
statements made by some witnesses for
the defense.
Orchard was on the stand for twenty
minutes. Under cross-examination he
testified that his uncle, Peter McKin-
ney, was insane and hanged himself in
Northumberland County, Ontario, when
Orchard was about 27 years Of age.
The defense is trying to prove that Or
chard is insane.
When the trial was resumed Judge
Wood announced that he had decided
to sustain the objection of the defense
to the admittance in evidence Of the
records of the State Insane Asylum
showing the commitment to that in
stitution of John d. Elliott, who as a
witness for the defense testified to a
long conversation which he said he
had with Harry Orchard in November,
1905.
The court cited a statute which pro-
vides that insane persons shall not be
accepted as witnesses. Apparently, he
said, the prosecuting attorneys knew
of Elliotts commitment when he ap-
peared on the stand, and they should
have objected to his testimony at that
time.
William Dewey. the witness who
startled the court room on Saturday
by confessing to participation in the
Coeur d. Alene riots, and the attack on
the Bunker Hill and Sullivan mill was
recalled further to identify w. F. Davis
as the man who handed out guns and
ammunition the day the mob started
for the mill.
The defense took advantage of
Dewey's temperance to question him
further as to his motive for testifying
at this time. Dewey denied that he
had been allowed to go In debt to the
extent of $500 to the union store at
Cripple Creek through the leniency of
Davis.
Didn't Davis finally deny further credit
to you and wasn't 1t then that you left
tho union?" asked attorney Richardson.
mo, SIR"
Dewey admitted that he still owes the
union $40 or s25 for supplies from the store.
He said he had never been refused credit
by any one.
Didn't you after testifying on Saturday
say to the man who accompanied you
down town that you knew the names OF
at least 200 of the men who went to the
Bunker Hill and Sullivan mill, but you
would be d. IL you would tell that law
yer fellow demanded Richardson
mo, SIR -q esb
The witness declared he could remember
no such conversation. Neither could he
1l,nx- 3,to t.fl,n diaCuegod
Lawrence Guibbini, the San Francisco
grocer, who lived across the street from
the Bradley apartment house, was re.
called to deny that he served drink Il
man named Reilly the morning of thu
Bradley explosion. Reilly. who appeared
es a witness for the defense, declared
Guibbini and his wife had served him E
drink Mrs. Guibbinl also took the stauc
and denied what Reilly had said.
On crcss-examination Guibbinl said h'
had received 1925 as travelling expenses fol-
returning to Boise from San Francisco.
The State continued further to rebut tes-
tlruony as to the Bradley explosion.
Charles Wayne who lived next door tc
Governor Steunenberg. was called to tes-
tify as to the position in which the Gov
ernor was found after the Orchard bomb
had exploded, the purpose being to show
similarity in the effect on Bradley and
Steunenberg.
The attorneys for the defense objected
to this testimony as not proper rebuttal,
arguing that the subject should have been
gone into as a part of the direct case.
The objection was sustained and the wit
ness withdrawn.
C. D. L.anson, OF the Boise Gas Light
Company, next was called as gas ex-
pert to rebut the theory Of the defense
that the Bradley explosion was caused
by gas, the Ignition having been through
a lighted cigar. Lanson declared in posi-
tive terms that gas would not ignite from
lighted cigar He said a fame temper
ature was necessary before gas expIodes.