The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1907-07-16

managed to get before the jury his
opinion that the defendants were
guilty, notwithstanding a verdict OF
the jury to the contrary.
When the Haywood trial was re.
sumed this morning, Judge Wood an.
nounced that he had decided to sus-
tain 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
provides that insane persons shall not
be accepted as witnesses. Apparent
ly, he said, the prosecuting attorneys
knew of Elliotts commitment when
he appeared 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
Occur d'Alene riots and the attack on
the Bunker Hill and Sullivan mill,
was recalled to further identify w. f.
Davis as the man who handed out
guns and ammunition the day the
mob started for the mill. The de.
tense took advantage of Deweys re.
appearance to question him further
as to his motive for testifying at this
time.
Dewey denied that he had been al
lowed to go in debt to the extent of
$500 to the union store at Cripple
Creek through the leniency Of Davis.
'sDid Davis finally deny further
credit to you and wasn't it then that
you left the union?" asked Attorney
Richardson.
"No, sir"
L Dewey admitted that he still owes
the union $40 or s25 for supplies from
the store. He said he had never been
refused credit in the union.
Didn't you after testifying on Sat
urday, say to the men who accompa-
MED you down town that you knew
the names of at least 200. of the men
who went to the Bunker Hill and Sui.
livan mine, but you would be il
you would tell that lawyer fellow?"
demanded Richardson.
The witness declared he could re-
member no such conversation. Neither
could he remember just what was dis.
cussed.
Lawrence Guibbini, the San Fran
cisco grover, who lived across the
street from the Bradley apartment
house, was recalled to deny that lie
served a drink to a man named Reil-
ly the morning of the Bradley explo.
sion.
said he had received 1926 as travelling
expenses for returning to Boise from
San Francisco.
The state continued further to- re-
but testimony as to the Bradley ex-
plosion.
Charles Wayne, who lived next
door to Governor Stuenenberg, was
called to testify as to the position in
which the governor was found after
the Orchard bomb had exploded, the
purpose being TO show similarity in
the effect on Bradley and Stuenen-
berg.
The attorneys for the defense OBJ
iected to this testimony as not proper
rebuttal, arguing that the subject
should have been gone into as a part
of the defense. The objection was
sustained and the witness withdrawn.
G. D. ,Lanson of the Boise Gas Light
company, next was called as gas
expert, to rebut the theory OF the de.
Tense that the Bradley explosion was
caused by gas, the ignition having
been through lighted cigar. I.anson
declared in positive terms that gas
would not ignite from any glow such
as that in a lighted cigar. He said q
fame temperature was necessary be
fore gas explodes.
Gcsaaassa c. ubursh Pase.D