Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-07-17
Prosecution Announces 1t Has
Twelve Witnesses to Bring
Forward Before RebuttaI Is
Closed.
WITNESSES CONTRADICT
TESTIMONY OF M'GEE
Statements of the Witness
Wood 0ISO Strongly Refuted
by Men Who Played Active
Part in Strike Riots.

NV Morning journal Special Leased Wire !
Boise. Idaho, July 16.--ln the last
stages of the case against William II
Haywood, the prosecution put six wit
Hesses on the stand today to rebuilt the
evidence of the defense. Three testi-
fled to conditions in the Occur d'Alenes
in 1899 and three to the situation in
Colorado during the strike period OF
1903 and 1904 The important Wit
nesses of the day were called to con-
tradict the showing made by witnesses
for the defense that there was no
reason for the calling out of the mi-
litia of Colorado other than a desire
on the part of the mine owners to
drive members Of the Western Fedora
ton of Miners from the district. one
witness fatty eontradicted the evidence
Introduced by the defense 10 show thar
the explosion at the NHdicator mine
was due to an accident.
While the big trial was going on in
the district court before Judge Frc-
mont Wood an interesting offshoot
from the case was being heard in the
small room used as "A court by Justice
~ the Peace Savage. G. w. Aller,
charged with perjury, was brought be-
fore the magistrate for a preliminary
hearing. The state was represented by
Prosecuting Attorney Koelch and the
prisoner by Peter Breen, an attorney
of Butte.
flfu Mllltfr VINO WIS OItndiN =
counsel at his preliminary hearing
assisted Nh. Green.
The principal witness in the perjury
hearing was orchard himself
No more than half dozen people
outside of the principals in the case
and the other witnesses We're present
when Orchard went over his testimony
as 10 his connection with -. G. Scott
the railroad agent. who Aller swora
interviewed Orchard I'm Cripple Creek
two or three weeks before the eNpl)-
sion at the Independence depot Or
Chard was closely cross-eNamined by
Brecn. Brecn was more severe I'm the
liitio magistrates court than was the
croSs-eNaminer when Orchard was the
star witness in the HAYWOOD trial. but
Orchard answered each question with
quiet nositiveness. A number of other
witnesses were examined. \ motion
to dismiss viii be argued tomorrow az
tcrnoon. Aller was released on a de-
post of $3.50 bond
IN the Haywood trial Edward Al
ward, physician Of Burke. swore that
u" sow Orchard ON the daV of the
moving up of the concentration at
Wardner and that he came from the
train returning from Wardner. This
train was ion possession Of the mob that
blew up the concentrator and killrl
two men Awards evidence contrf-
dictcd The witnesses for the oefc-
who said that they saw Orchard pl
ing poker that day az Mullen, seve q
miles away.
\, r. Holman swore In rebuttal Hr
the testimony Of Thomas Wood. a viii
ness for fhc defonse. Wood said thar
ne saw Rrcl5 and Mccormick. the two
men Killed In the Nindicator mine. in
the eighth level before the explpsion
and afterward found their bodies I'm
the sixth level He said tina, Beck had
revolver ON that day and that he saw
box Of powder on water barrel so
tho eighth level lust before the eNplo-
sion The impression created was that
the two men carried the powder with
them and that Beck dropped his re-
Nolver which exploded. and the pow
der wont of Orchard swore that nc
fired the powder with "A pistol
Hulrar was "a superintendent Of a
ucighboring mine and formerly a sup
"rintcndent Of the Nindicator He WAS
ono OF the first 10 go down the shaft
uf the Nindicator after the explosion
His evidence cOntradicted wood az
many points.
=. a. RAMSEY. "a Young man and
relative Of Mccormick. followed Hol-
man He was in charge of the powder
FOO the mine at the time Of the sxpln-
sion. He knew Peck and Mccormick
Wen ana sworc that neither OF them
over carried q revolver. that there was
no powder in the mine at the time ~u
Ter as ne knew and that there was no
water barrel on the eighth level az
Wood had stated
sheriff Rufan Of san Miguel county.
col. was the last witness Of the day.
Hc testified a. 20 strike conditions.
Under searching cross-eXamination
hN y. r Richardson. Rutan admitted
fhaf union miners were deported and
driven from the county while he was
sheriff and that no attempt was made
fn prevent or punish those who at-
tucked the union men. He said that
fhe iruortations were the work % the
Leading citizens of Telluride.