The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-06-26
Who Swear Orchard Said He
Would Slay Steunenberg.
ONE A DENVER WOMAN
The Other an Aged Inmate of
the Soldiers Home.
The Latter, the Murderer Says,
He Never Saw Before.

| Steunenberg murder case continues to
offer evidence that Harry Orchard
threatened to kill Steunenberg and
that he was also a participant in a
! plot to destroy the Western Federation
| of Miners. Its first witness this morn
| ing was Mrs. Lottie Day of Denver,
who swore that Orchard had told her
| that but for Steunenberg he would be
millionaire, and that he intended to
kill him.
John D. Elliott, an old soldier, next
| testified that he met Orchard on a
railway train late in November, 1905,
and that Orchard told him that he was
an agent of the Mine Owners asso-
citation and that there would soon be
pulled off a plot that would destroy
the leaders of the Miners federation.
Both Mrs. Day and Elliott were sub
mitted to a long and searching cross
examination.
A New Attorney.
A new attorney appeared at the de-
fendant's counsel table when the Hay
wood trial was resumed this morning,
making the tenth of the long list of
attorneys engaged in behalf of the ac-
cused miners The new conner is Wal
ter E. Mccormack of Chicago. Mr..
Mccormack had engaged in the search
for evidence for the defense in Colo
rado and has been in Boise only since
the defense opened it's case.
The first witness of the day was Mrs.
Lottie Day, who knew Harry Orchard
at the Belmont rooming house in Den
yer 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
when she was talking to Orchard,
Haywood and a man named McDon-
aid, who was also connected with the
fedora ton came in. Orchard intro
duced 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 conversation
with Orchard when the latter told her
that poverty had separated him from
the o.1l woman he lored ami that
Steunenberg 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 = = Steunen-
berg ?" asked Mr.. Darrow.
mo, sir, I'm sure he didn't swear
like that. I think he said that devil
of Steunenberg'."
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.
Introduced by Pettibone.
On cross examination Mrs. Day said
house in Cripple Creek but lived most
of the time in Denver. She was in
troduced to Orchard by Pettibone,
whom she had known for two years
prior to 1904. She knew him quite
we'll and he often visited her. Mrs.
Day said she did not know Orchard
under any other name than Dempsey.
She recognized him as Dempsey by a
photograph.
When Haywood came to the Bel
mont the day she was talking with
Orchard, Mrs. Day declared Haywood |
said he wished to see Orchard. The |
two men went into Dempsey's room. |
The witness said she often saw Demp- |
sey and Pettibone together. but Petit |
bone never came to Dempsey's room |
SO far as she knew.
Mrs. Day said Orchard declared |
that he would have been a millionaire |
if it had not been ''for the decision of |
Governor Stcunanberg.
The witness said that when she was |
by the state and made a |
written statement she did not relate |
the conversation with Orchard in re-
gard to Steunenberg.
why didn't you?" asked Mr.. Haw-
ley.
Because 1 wasn't asked about it,
The prosecution announced that it
might desire to further cross examine
he witness later and thereby precipi-
tated a lively fight during which At
-orney Richardson declared that not
an order of the court on
he subject the defense proposed to
pay off it's witnesses and send them
nome as fast as they left the stand. If
he prosecution desired their presence
further, he declared, that the state
could issue subpoenas and keep the
at the expense of the peo-
pie.
Witnesses Must Stay.
IF counsel sends these witnesses
nome they will be doing what they
nave no right to do" Hawley declared
ion that we subpoena the witness we
ion't propose to do anything of the
'ort. We propose to cross examine
hem as witnesses for the defense and
lot for the prosecution
Judge Wood announced that once a
witness was sworn he or she would be
leld subject to the order of the court.
L should like to attack the courts
Tiew of the law said Attorney Rich
Irdson.
Lrranged," said Judge Wood, land
will consult with counsel on the SUBJ
ect at noon.''
when we are through with our
witnesses we will send them home and
AXE our chances as to whether we
re right or not" shouted Richardson
"If the court will make an order
N this matter said Hawley, 1--WE will
quickly see whether the court or
for the defense shall prevail
n this trial.
Eve are not seeking trouble with
he court, interposed Richardson, |
but we are ready and willing for
rouble with counsel at any time they
want it,"
Senator Borah for the state and Mr..
barrow for the defense created a wave
# laughter by announcing that theyl