The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-06-10
Will Refuse to Testify When
Called to the Stand.
HAS REACHED BOISE.
And Is i'm a Cell in the County
Jail.
The Cross examination of Or
chard Is Continued.


in some of his crimes. reached Boise
this morning in charge of deputy.
Adams was accompanied by his at
torney. John Worms. of Wallace.
Shoshone county. 1t is believed that
Adams has made up his mind to re-
fuse to testify when he is placed on the
stand. Adams was placed in a cell in
the county jail, adjoining that occupied
by Haywood, Meyer and Pettibone.
The defenders of William d. Hay
wood continuing their cross-examina-
tiOn of Harry Orchard are making a
strong attempt to show that the Inde-
pendence station outrage instead of be-
ing procured by the Western Fedora
tion of Miners was a plan" of the en-
emies of the federation, intended to be
!, comparatively harmless and converted
Ny mischance into a great tragedy. Or
Chard had testified that he and Adams
the train reached the station and the
defense seeks to make it appear that
1t was planned to blow up the station,
not only before the train arrived but
before the nOnunion workmen working
In the ne1ghboring mines came down to
the train.
Orchard. in explanation of his act
IN setting off the mine before the train
arrived swore that Sherman Parker of
the Western Federation of Miners
had friend on the train, who had
the train wrecking case-and asked
tnat care be taken not to injure him.
Orchard also denied that the mine
owners or the railroad detective man.
ayers had plotted the explosion.
The defense had previously shown
that as far as the witness knew Meyer,
Haywood and Pettibone had nothing
to do with the Vindicator plot, and
that Meyer and Haywood had nothing
to do with the planning the murder of
Lyte Gregory.
Orchard said he believed that they
were parties to both plans, but he
could not of his own knowledge say
In the course of the cross examina--
ton Orchard admitted he had burned
his cheese factory, near Brighton, in
Canada. and collected $4,000 insur-
anee. FalI,GI
The Proceedings i'm Detail.
Immediately after going on the
stand at 9:35 this morning, Orchard
asked for permission to correct two
statements made by him on Saturday,
made bombs with "Pettfbone DOPE
with him at Cripple Creek, and the
other that he and Steve Adams had
carried their shotguns in holsters when
they were stalking Governor Peabody.
He said Billy Ackerman and not Bill
Easterly made the experiments with
him and that he and Adams did not
carry their guns in holsters.
Attorney Richa rdson brought out
the fact that Orchard was in confer
ence with Detective MCFARLAND this
morning and with MCFARLAND and At
torney Hawley yesterday. and that
each morning before appearing on the
stand he visits Hawley's Office but the
witness denied that he corrected his
testimony on any suggestion from
either Hawley or Mcfarland He said
he told Hawley he had made a mistake
in his testimony and asked if he should |
correct it and Hawley told him to
do so.
Didn't Mcfarland speak to YOU
about the method by which you could |
with stand cross examination % de- |
manded Attorney Richardson, who |
handled the cross examination |
mo. sir" replied Orchard. "but he |
spoke of what gave me strength to go !
through the examination"
Orchard has .professed religion
didn't you make this correction be-
cause you discovered that Easterly is
here and Ackerman is not?'
Knew 1t All the Time
mo, sir, I knew Easterly was here
all the time"
Orchard said he had heard that |
Ackerman is in Goldfield. Nevada.
Attorney Richardson next demand
ed to know of Orchard what he had
talked to Mason Franklin and A. E.
Carleton of the Miner Owners associa-
tion about He said he had a certif-
cate of deposit in a bank which had !
closed and he heard these men were I
buying such certificates. Orchard was
going into details of the conversation
when he was stopped by Richardson,
who declared the matter immaterial.
This brought out protest from Sena-
tor Borah who said:
You asked for this; now take it as
1t comes"
II did not ask for a lecture" retort-
ed the attorney for the defense.
Judge Wood said the prosecution
gould go into the latter on redirect ex-
a animation. if it desired and Orchard
was not allowed to proceed.
Orchard denied that he had ever
discussed the mining troubles with
FRANKLIN and Carleton. He entered
the same denial as to kid" Waters.
Frank N. Reardon. A. T. Holman and
Major Tom Mcclellan.
Richardson next took Orchard over
the ground preceding the blowing up
of the independence depot. The witness
with Parker and Davis, the strike man.
ayers in the Cripple Creek district. but
he could not recall the exact date or
place Haywood whispered constantly
In his attorneys ear at this part of
cross examination prompting questions
from time to time. Orchard said he
later discussed the Independence mat
ter with Parker and Davis at the Bel
mont hotel in Denver and in the lobby
Of the miners convention which was in
session a the time. The witness declared
that ii was because Haywood's control
Of the fedration vase in jeopadly in the
that the leaders wanted
something pulled Off,
Back to Gregory Murder.
Richardson then jumped back to the
LGyte Gregory murder, wanting to know