The herald-advance. (Milbank, S.D.) 1890-1922, 1907-07-05
THE HAYWOOD TRIAL.
Denies Story Told by Orchard.

Denies Story Told by Orchard.
Boise, Idaho, June 2S.-William F.
Davis of G%oldield, New, one Of the
most important witnesses for the de-
Tense of William D. Haywood, accused
Of the murder of Frank ~Steunenberg,
was called to the stand at noon yester-
day, and his cross-examtnation had
not been completed when court ad-
journed. Harry Orchard testified that
Davis led and commanded the mob
that destroyed the Bunker Hill and
Sullivan mill in 1899; inspired. as the
agent Of Haywood and Meyer, the Vim
dicator explosion and the train wreck
ing plot at Cripple Creek, and was an
accomplice in the independence sta
ton crime.
Denies Orchards Story.
On direct examination by Clarence
Darrow he went over the story of his
working life, including the pathetic
story of the death of his wife n
babe at Cripple Creek, at which he
wept, and made positive denial of
every statement of Orchard that in
volved him or his associates in any
form of crime. He denied that he
was even a member Of the union
when the Bunker Hill and Sullivan
mine was blown up, and at the con
clusion of his general story swore
that at Cripple Creek. during the
strike, Orchard told him of the Her
cules mine affair and threatened
To Kill steunenbere.
Mrs. Lottie Day of Denver testified
that in 1904 Orchard told her about
the loss of the Hercules interest, and
that he said he would kill Steunen-
berg for the wrong done him, and
John D. Elliott swore that Orchard
told him in Idaho in 1905 that he was
in the employ of the mine owners,
and that there was a plot against the
federation and it's leaders.
Judge Wood Rules Against Haywood.
Boise, June 20. - A ruling made
yesterday by Judge Wood while Ed
ward Boyce, for years the leader of
| the Western Federation Of Miners
and now a wealthy mine owner OF the
Occur d'Alenes, was testifying in be-
half of William D. Haywood. may ma
terially limit the showing Of the de-
Tense as to the existence of the coun-
ter conspiracy against Haywood and
his associates which it alleges.
Claims Same Latitude as State.
James H. Hawley. for the state, OBJ
jected to a general question as to the
| policy and practice of mine owners
throughout the West in blacklisting
| union miners, and In the argument
that followed Clarence barrow, for the
defense, claimed the same latitude in
proving counterconspiracy that the
state enjoyed in showing . conspiracy.
Mr.. Hawley contended that the state
had directly shown the existence of a
conspiracy by Harry Orchard, and by
so doing had laid the foundation for
and made the connection of all the
evidence subsequently offered on the
subject. He said the defense was try
ing to show a counter-cOnspiracy by
| proving various isolated instances and
certain general conditions, none Of
/ WAACA Wo6 CoAAOSlCu II lAC NocS
and for none of which a proper foun-
dalton had been laid.
Court Sides With State.
In ruling the court accepted in part
the contention of the prosecution, and
limited the proof of the defense along
these lines to events in Colorado and
the Occur d'Alenes connected with the
case as now established.
Ed Boyce was the principal witness
of the day, and his testimony was
chiefly devoted to the history, pur-
poses and work of the Western fedora
ton. He denied the existence of IN
inner circle" or that there had ever
been a conspiracy in the organization
or an illegal act.
Still Try to Discredit Orchards Story.
Boise, Idaho, June 80. - The attor-
neys for Haywood continue to center
their efforts on the discrediting OF
Harry Orchard and the establishment
of their claim that Orchard killed
Frank Steunenberg in revenge for the
loss of his interest in the Hercules
mine. Yesterday they directly attack
ed the story of the Vindicator explo-
sion with the testimony of a witness
who made it appear accidental rather
than criminal.
indicator Explosion.
Thomas Wood, a non-unionist: who
entered the Vindicator mine as a tim
Der man after the strike began, swore
| that the night before the explosion he
placed a box containing twenty-five
pounds of dynamite at the shaft of the
| eighth level. He saw the powder the
next morning shortly after 10 o'clock,
and a few minutes later Supt. McCor-
mick and Foreman Beck came to the
| eighth level. They remained but a
| short time and left to 90 to the sixth
level, where they were killed. Wood
swore that when he reached the shaft.
twenty minutes later, the powder was
gone and it was a reasonable inference
that Mccormick and Beck took it with