The Montgomery advertiser., 1907-06-27
HAS CLASH WITH JUDGE .Haywood's Counsel At tacks Courts Views. JUDGE WOOD STANDS PAT Defense Desired to Let Witnesses
 Go Home. Many Witnesses Testify In the Famous Murder Case and Attempt to
 Tear Down Orchards
 Evidence.
JUDGE WOOD STANDS PAT

Boise, Idaho. June 26.--wm. F. Da- wis, of Goldneld. New, one of the most important witnesses for the defense 5f Wm. D. Haywood. accused of the mur- der of Frank Steunenberg. was called to the stand at noon today, his cross examination had not been completed when court adjourned. Harry Orchard mas testified that Davis led and cons manded the mobs that destroyed the Bunker Hlll and Sullivan NH In 1898. inspired as the agent of Haywood and Mover, the Vindicator explosion and the train wrecking plot at Crippias Greek and was an accomp1ice in tha Independence Station crime.
 The cross examination Of Davis by Senator Borah was severe and searcll- ing and was chiefly devoted as far aa It proceeded to the Bunker Hill and Sullivan affair and the circumstances under which Orchard made threats against SteunenberB.
 new attorney appeared af the defendants counsel tabIe when the Haywood trial wac resumed today. making the tenth of the long list of attorneys engaged in behalf of the accused miners. The newcomer is Walter E. Mccormack Of Chicago. Mir. Mccormack has been en- gagged In the search for evidence for the defense in Colorado. and has been in Boise only since the defense opened it's case.
 The first witness of the day was Mrs. Lottie Day. who knew Harry Orchard at the Belmont rooming house in Dem yer under the name of J. Dempaey. Mrs. Day said she met Orchard iush prior to the convention Of the Western Federation of Miners in 1904. Once. while she was talking to Orchard, Hay- wood and "a man named Mcdonald. who also was connected with the Fed eration. came in. Orchard Introduced her to Hayood and then went away with him. She said she was first sum moned to Boise by the State, but was sent back to Denver two weeks ax0s The witness related a conversation with Orchard when the latter told her that poverty had separated him from the one woman that he loved. and SteunnnF berg was responsible for fl. and hs would get even with him if 1t was the last act of his life.
 Didn't you hear him say d. Steun. enberg?" asked Mfr. Darrow.
 No. sir. I'm sure he did not swear like that; I think he said. devil of Steunenberg.'"
 Mrs. Day said that one day Orchard was telling her about his gambling ex- ploits; he had always kept a little money with him. and when he made "a raise" he put some money away.
 On cross-examination. Mrs. Day said she was introduced to Orchard by Pet tibone, whom she had known for two years prior to 1904. She knew him quite well and he often visited her. Mrs. Day said she did not know Or- chard by any other name than Percy. She knew Orchard on the stand and recognized him as Dempsy, by the pho- tograph.
 Mrs. Day declared that Haywood said he wished to see Orchard. The two men went into Dempsy's room. The witness said she often saw Dempsy and Pettibone together. but Pettibons never came to Dempsy's room. so far as she knew.
 Mrs. Day said Orchard declared that he would have been a millionaire if it had not been for the decision of Cow ernor Steunenberg." The witness said that when she was summoned by the State and made q written statement. she did not relate the conversation with Orchard in regard to StennenberG.
 'Why didn't your" asked Mir. Hawiey.
 Because I was not asked about it.s
 The prosecution announced that if might desire to further cross-exa4ntna the witness later and thereby preciS pitated a lively fight during which At- torney Richardson declared that not@ withstanding any order of the court on the subject. the defense proposed to pay off its witnesses and send them home as fast as they left the stand. If the prosecution desired her presence fur thr. he declared that the State could issue sub-poenas and keep the wss nesses at the expense of the people
 If counsel sends their witnesses home, they will be doing what they. have no, right to do." Hawley declared for the State, "and as to the sugges- ton that we ~ubpoenae 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"
 Judge Wood announced that once a witness was sworn he or she would ba held subject to the orders of the court.
 q should like to attack the courts views of the law" said Attorney Rich- ardson.
 This matter can be satisfactorily arranged" said Judge Wood. And will consult with counsel on the subject y at noon."
 When we are through with our witnesses we will send them home and take our chances as to whether we arc right or not" shouted Richardson.
 "If the court will make an order on this natter said Hawley. i've will quickly see whether the court or eoun- sel for the defense shall prevail in this trial"
 We are not seeking trouble with the court" interposed Richardson, buf we are ready and willing for trouble with counsel any time they want it
 Senator Borah for the State and Mr. Darrow for the deefense created wave of laughter by announcing that they would agree "to stand from un- der" when the trouble came.
 Judge Wood ended the discussion hy directing Mrs. Day to remain in Beise until released by the court The wityf ness was anxious to get back to Den~ yer and protested bitterly.
 I've told you gentlemen everything that I know" sad Mrs. Day. While sue was in Boise under subpoena for the State. she visited MT. Darrow in regard to the case
 And the next day Mir. Stone. one of the lawyers for the State. took you t0s Nampa and sent you home, didn't her. asked Mir. Darrow,
 NO, took myself to Nampa." de- clared the witness yeheFnentely ghs