New-York tribune., 1907-06-27
REVENGE THE MOTIVE.
TESTIMONY At BOISE.
Witnesses for Hayzcood Contradict
Orchards Story.

Boise June ga new attorney appeared az the
defendants 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 newcomer is Walter l. Nc
Cornack Of Chicago. Mr.. Mccormack has been
engaged In the search evidence for the defence
in Colorado. and has been in Boise only since the
defence opened its case.
The first witness of the day was Mrs. Lottie 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 the Western Federation OF Miners IN
1904 once while she talking TO Orchard Hay
wood 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
10 Boise by the state, but was sent back to Dem
ver two weeks ago. The witness related conVer-
sat!on with Orchard when the latter told her thet
poverty had separated him from the one woman
he loved and that Steunenberg was responsible for
his being poor. and he would get even with him
If Il the last act of his life
Didn't he say that ID Steunenberg? asked
Mr.. Darrow.
''No, sir, I'm sure he didn't swear like that
think he said devil of Steunenberg
Mrs. Day said that one day when Orchard was
telling her about his gambling exploits he SAID ne
always kept a little money put away, that when
he made a raise" he put some money away with
Pettibone and drew IL out as he needed IL
On cross-examination Mrs. Day said she now con-
Quoted a Tooming house in Cripple Creek, but lived
most Of the time In Denver
She was introduced TO Orchard by Pettloone
whom she had known for two years prior TO lsOi
She knew him quite wel and he often visited her.
Mrs Day said she did not know Orchard under
aay other name than Dempsey. She did not see
Orchard On the witness stand, and recognized nm
SIS Dempsey by a photograph.
When Haywood came to the Belmont the day
she was talking with Orchard Mrs. Day declared
Haywood said he wished 10 see Orchard The two
men went into Orchards room. TIE witness SAID
she often saw Orchard and Pettibone together, but
Pettibone never came TO Orchards room SO far as
she knew.
nav said ard declared that he would
have been a millionaire if It had not been for the
decision Of Governor Steunenberg." The witness
said that when she summoned by the state
and made C written statement she did not relate
the conversation with Orchard in regard to Steun-
enberg.
why didn't you?" asked Mr.. Hawley.
Because I wasn't asked about it."
CLASH OVER WITNESSES.
The prosecution announced that it might desire
further to cross-examine the witness later, and
thereby brought a lively contest, during which
Mr. Richardson declared that. Notwithstanding any
order of the the subject. the defence pro-
posed to pay off its witnesses and send them home
as fast as they left the stand If the prosecution
desired their presence further ne declared that the
state could issue subponas and keep the witnesses
at the expense OF the people.
III counsel send their witnesses home they will
be doing what they have no right TO do" Hawley
declared for the state; and as to the suggestion
that we subpoena the witnesses we do not purpose
10 do anything of the sort. We purpose to cross
examine them as witnesses for the defence and not
Judge Wood announced that once witness was
he she would be held subject to the orders
OF the court.
81 should Ike 10 attack the courts view OF the
law said Mr. Richardson.
This matter can be satisfactorily arranged"
said Judge Wood. ''and I will consult with counsel
the subject at noon
when we are through with our witnesses we
will send them home and take our chances as 10
whether we are right or wrong shouted Mr.. Rich
ardsor.
If the court will make an order on this matter"
said HaWley, I'VE will quickly see whether the
court counsel for the defence shall prevail IN
this trial"
we are not seeking trouble with the court" in
terposed Mr. Richardson, but we ready and
willing for trouble with counsel any time they
want it,
the defence created wave of laughter by n
nouncing that they would agree Ito stand from
under when the trouble
Judge Wood ended the discussion by directing
Mrs. Day 10 remain in Boise until released by the
court. The witness was anxious 10 get back to
Denver, and protested: I've told you gentlemen
everything I know
Mrs. Day said that while she was in Boise under
subpoena of the state she was visited by Mr. Dar-
in regard TO the case.
And the next day Mr.. Stone one Of the lawyers
for the state. took you 10 Nam9a and sent you
home, didn't he?" asked Mr.. Darrow.
No. sir; took myself TO Nampa,' declared the
witness vehemently. She said Mr.. Stone went
along the train.
The next witness was John D. Elliott an inmate
Of the Soldiers Home Boise. Elliott is sixty-one
years old He detailed long conversation he
said he had with Orchard train in November.
1906, when Orchard told him he in the employ
of the mine owners; that the Western Federation
Of Miners going TO be crushed and that within
thirty days something would happen that would
startle the world. This was about five weeks be-
fore the assassination Of Governor Steunenberg.
Orchard, when confronted by Elliott. declared he
had never seen the before.
Elliott put through searching cross-exam-
inaton by Mr. Hawley. He said he had never
lated TO his kinspeOple. with whom he sometimes
stayed. the details of his conversation with Or
chard.
You are a socialist aren't you?" asked the at
torney.
4 can't say that am"
Can you say that you not?"
No. sir; but don't belong TO any socialist
ganizatiOn.
WITNESS HAD BEEN IN INSANE Asylum
Elliott denied that he had ever been employed
by the defence or had received any pay. He ad-
mtted that he had been an inmate of the State
Insane Asylum for six seven months In 1895.
one of his fled the application for his COM
mitment. Elliott denied that he had been in a
straitjacket When he released Elliott de-
clared. he had certificate of recovery.
Elliott said he 10 the asylum again in May
1904 The probate Judge told him he in
sane, but he seemed TO be IN bad shape physically
and ne thought the stay at the asylum would bene-
ft him. Another OF his signed the complaint
this occasion. Elliott was released later upon
the promise Of his brother and ssterin-law to take
care Of him He was then placed in the Soldiers
Home.
On redirect examination Elliott said he had not
been assisted IN any way in stating his testimony
and had received only s. witness fee and 70 cents
in mileage.
Judge Wood here entered an order that all wit
nesses would be excused as they testified
except those whom the state desired 10 retain in
Scise As &c these. he said the state would pay
their daily expenses.
The defence here called 10 the stand John NJ
o'Neill. editor cf THE Miners Magazine" O'Neill
said he had been a miner for twenty-eight years
asked Mr.. Dnrrow.
re;@et TO say yes sir, in 1897" replied
T-ha