The Idaho Springs siftings-news., 1907-07-20

etc. The questions were ruled out on
the ground of immateriality.
AS TO the matter of materiality,
Judge Wood said:
If the defense had objected to the
witness when he was first placed on
the stand the objection would have
been sustained"
Sheriff Routan said some OF his dep
uties were not on the pay roll. He
didn't know of his own knowledge that
they were paid by the mine owners.
Boise, ldaho.-ln the last stages OF
the case against William ID. Haywood.
the prosecution put six witnesses on
the stand to refute the evidence of the
defense. Three testified to conditions in
the Coeur d'Alenes in 1899, and three
to the situation in Colorado during the
strike period Of 1903 and 1904. The
important witnesses of the day were
called to contradict the showing made
by witnesses for the defense that there
was no reason for the calling out OF
the militia OF Colorado other than a
desire on the part Of the mine owners
to drive members of the Western Fed
GRAFTON Of Miners from the mining dis
trict. One witness fatty contradicted
the evidence introduced by the defense
dicator mine was due to an accident.
While the big trial was going on in
the District Court before Judge Fre-
mont Wood, an interesting offshoot OF
the case was being heard in the small
room used as court by Justice of the
Peace Savage. c. W. Aller, the depot
agent who was arrested charged with
perjury, was brought before the magis-
trate for a preliminary hearing. The
state was represented by Prosecuting
Attorney koelsch and the prisoner by
Peter Breen, an attorney of Butte, who
has been associated with Haywood's
counsel, having been retained by the
miners union Of Butte, Montana, to
watch the case.
Fred Miller. who was Orchards
counsel at his preliminary hearing in
Caldwell Immediately after the murder
OF Governor Steunenberg, assisted Mr..
Breen.
The principal witness in the perjury
hearing was Orchard himself. The
prisoner was brought in from the peni-
tentiary in charge of Warden Whitney
and penitentiary guard.
No more than half a dozen people.
outside of the principals in the case
and the other witnesses. were present
when Orchard went over his testimony
as to his connection with d. c. Scott.
the railroad agent, who, Aller swore,
interviewed Orchard in Cripple Creek
| two or three weeks before the explo-
ion Of the Independence depot on
June 6, 1904. Orchard was closely
cross-examined by Breen, but no
amount Of questioning brought out any
material change in the original story.
Breen was more severe in the little
magistrates court than was the cross
examiner when Orchard was the star
| witness for the state, in the Haywood
trial, but Orchard maintained the same
calm exterior and answered each ques
tion with quiet positiveness. A num-
Der of other witnesses We're examined,
the case taking most Of the day. A mo-
tion to dismiss will be argued tomor-
row afternoon. Aller was released on
deposit of 81 800 bond.
In the Haywood trial Edward AL
poker on that day at Mullen, several
mining towns of the Occur d'Alenes.
swore that he saw Orchard on the day
of the blowing up Of the concentration
at Wardner and that he came from the
train returning from Wardner. This
train was in possession Of the mob that
| blew up the concentrator and killed
| two men. Awards evidence contra
dicted the witnesses for the defense,
who said they saw Orchard playing
poker on that day at Mullen, several
miles away. The claim OF the defense
is that Orchard was not at Wardner
and had no part in the riot.
A. T. Holman swore in rebuttal OF
the testimony of Thomas Wood, wit
ness for the defense. Wood had said
that he saw Beck and Mccormick, the
two men killed by the explosion at the
Vindicator mine, in the eighth level,
| before the explosion, and afterward
found their bodies in the sixth level.
Holman contradicted Wood.
Sheriff Rutan Of San Miguel county,
Colorado, was the last witness OF the
day. He testified as to strike condi-
tions. Under a searching cross-exam-
ination by E. F. Richardson, Rutan ad-
mitted that the union miners were de-
ported and driven by force from the
county while he was sheriff and that
no attempt was made to prevent or
punish those who attacked the union
men. He said that the deportations
were the work of the leading citizens
OF Telluride.