The San Francisco call., 1907-06-27

J. Dempsey. She said that she met Orchard
Just prior TO the convention of the western
federation OF miners in 1904 Once while she
was talking 10 Orchard Haywood and man
named Mcdonald. who also connected with
the federation. came in. Orchard introduced
her TO Haywood and then went away with him.
Mrs. Day said that she first summoned
to Boise by the state, but was sent back TO
conversation with Orchard when the latter TOLD
her that poverty had separated him from the
one woman ne loved He also de. declared thas
and that he would get with him II 1t was
the last act OF his life.
Didn't he say that -- Steunenberg 2!
asked Darrow
NO sir, I'm he didn't like that
think he said that devil of Steunen6erg
Mrs. Day said that one day when Orchard
was telling her about his gambling exploits he
said that he always kept little money ont
money away with Petsibone and drew it out
as he needed 1t.
On cross examination Mrs Day said that she
now conducted lodging house in Cripple Greek
but lived most of the time in Denver
She was introduced to Orchard by Pettibone
1904 She knew him quite well and he often
visited her. Mrs. Day said that she did not
Dempsey. She did not see Orchard on the wit
ness stand and recognized him as Dempsey by
when Haywood came to the Belmont the day
she was talking with Orchard Mrs. Day de-
clared, Haywood asked TO see Orchard The
two men went into Dempseys The wit
ness said that she often had seen Dempsey ami
Pettibone together Pettibone never came to
Dempseys room as far as she knew.
LAWYERS IN HOT CLASH
Mrs. Day said that Orchard declared that he
been for the decision of Governor Steunen-
berg When summoned by the state TO make
written statement she did not relate the con
why didn't you?' asked Hawley.
Because l wasn't asked about it,"
The prosecution announced that II might de-
! O
thereby precpitated lively fight during which
Attorney Richardson declared that, notwith-
and send them home as fast as they left the
further he declared that the state could
issue subpenas and keep the witnesses at the
IF counsel sends these 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
don't propose TO do anything of the sort. We
propose TO cross examine them as witnesses for
the defense and not for the prosecution
was sworn be or she would be held subject TO
the orders of the court.
II should Ike TO attack the courts view of
the law" said Attorney Richardson.
This matter can be satisfactorily arranged:
counsel on the subject at noon.''
When through with our witnesses
as TO whether we are right or not, shouted
Richardson.
If the court VIII make an order on TINS
matter said Hawley. I'VE will quickly see
whether the court or counsel for the defense
shall prevail in this trial"
I'VE are not seeking trouble with the court,
/ interposed Richardson. but we ready and
willing fer trouble with counsel at any time
/ they want it,"
the defense created a of laughter by. an
nouncing that they would agree to stand from
under when the trouble came.
/ ELLIOTT TELLS of THREAT
| Judge Wood ended the discussion by directing
Mrs. Day to remain in Boise until released by
the court The witness was anxious TO get
back 10 Denver and protested:
I've told you gentlemen everything ] know.
Mrs. Day said that while she in Boise
under subpoena of the state she was visited by
Attorney barrow in regard to the case.
sent you home. didn't he?'' asked Darrow.
mo. sir; took myself 10 Nampa, de-
clared the witness. She said that Stone went
on the same train.
mate of the soldiers home at Boise. He is 81
years of age. He detailed long conversation
held with Orchard ON train In November; 1909
when the latter told him that he was In the
employ of the mine owners: that the western
| federation of miners was going TO be crushed
and that within so days something would hap
/ zen that would startle the world. This was
about five weeks before the assassination Of Gov
ernor Steunenberg
clared that he had never seen the man before.
/ Elliott was put through a searching cross ex,
/
never related to his relatives. with whom he
sonnet etimss stated. the details of his conversa-
.'You are socialist, aren't your asked the
attorney.
Il can't say that am.''
''Can you say you are not:
mo, sir but l don't belong to any socialist
organization.
Elliott denied that he had been em-
ployed by the defense that he had received
| any pay He admitted that he had been an
inmate of the state insane asylum for six or
/ his in
the application for his commitment. Elliott de-
he was released he had n certificate of recovery
In May. 1904. Elliott said. he went 70 ne
| asylum again. The probate Judge said that he
| was not insane but that he seemed 10 be IN
| bad shape physically. The court thought that Il
! stay at the asylum would benefit him. Another
of his sons signed the complaint on TINS second
| promise of his brother and sister in law to take
| care of him. He then placed in the Sol
ON redirect examination Elliott said that he
had not been assisted in any way in stating his
witness nll fee and Is cents in mileage.
! Judge Wood here entered an order that all the
| witnesses for the defense would be excused as
soon as they testified. with the exception Of
! those whom the state desired to remain i'll
Boise. AS to these. he said that the state
would pay their expenses.
The defense here called to the stand John NJ.
O'Neill, editor of the Miners Magazine. O'Neill
said that he had been miner for IS years -,
''You were once a member of the legislature" 2"
asked Darrow.
Il regret to say so yes, sir. in 1897" replied
O'Neill.
The witness declared that Meyer and Hay
wood had nothing 10 do with the magazine. al
though they occasionally wrote signed articles.
The magazine is the official organ of the western
federation of miners.
What is the purpose of the masazine?''
ITO educate the members and unite them po-
litically.''
O'Neill said that he sometimes consulted
| Mover and Haywood some member of the cx-
| ecutive board to what he would say In the
| magazine. Usually he consulted one. but
published the editorials as he wrote them.
| The witness said that he had known Orchard
in Denver. In his office day Orchard asked
! him where Peabody and General Sherman Bell
| lived and said that they ought to be bumped
| on"
Just at this time the witness wife and
daughter came in. Orchard made no further ref
! erence to the matter.
ANARCHISTIC WRITINGS
O'NeiH was cross examined by Senator Borah.
He said that the magazine was supposed to re-
= es.4 81 a is5s