New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-07-06
l[0IER NEXT WITNESS.
TO TESTIFY II BOISE.
Defence Nearly Finished - Cow,
1IdjOurns Until Nonday.

case IS before the jury.
Charles Z. Mover. accused president Of the West
err Federation Of Miners. VIII toe called wit
MONDAY. TO which time court to-day adj
Defendant
Il is expected that the rebuttal evidence in h"haf
o. the state VIII bcgiIt Wednesday,, and possibly
on Tuesday. much depending or TIE extent - til"
CrOss-eEI:n1;,rioa OF Mover and Haywood counsel
for the defence and the prosecution after the ad-
9ouTnI1eAt this afternoon, were willing Ia admit the
possibility Of "A verdict or disagreement in two
weeks.
Some uneasiness On the part of tie jurymon. as q
result Of their long confinement, developed this
afternoon Just before the adjournment Of court
:. r Russell asked the judge if the jury would he
allowed exercise during the two DAYS adjourn
nent He complained that members oF the
jury disinclinea 10 take walks and that fer
TINS reason the other jurors unable take eX-
ercise 10 which they were accustomed. and without
which there was danger Of sickness.
Q. Y. Seboru addressed the Judge IN srppor. e.
this statement, and asked that the jurors he al
lowed 70 take exercise according to their fnc,tna-
tons.
Judge Wood and counsel for both sides agreed
70 arrange anything within The law for the i'm
provement Of conditions
A p. Burns complained that the haiirs in
charge Of the jury were strict and that a jury
man who exceeded some trivial rule was sr,nmar-
lily called to order. J. A Robertson defended the
ba3liffs. and said laughingly:
We'll. l don't know about being too strict I
Know never had a better time in my life"
The announcement received with roars AZ
rnerriHent. and Judge Wood who seldom Joins IN
any demonstration leaned back In his chair and
laughed heartily
The examination Of William D. Haywood early
next week is looked forward TO as one Of the fea-
tlres OF The case. II is probable that Haywood
WI! be closely examined his whole life and
that he viii be asked in his own defence 10 expose
everything he possibly in connection with the
affairs Of the Western Federation of Miners
There were few spectators IN the courtroom
to-day. This was due in large degree TO the
fact that Bosses Fourth Of July celebration is
sun IN progress and does not officially end until
after the masquerade ball tonight The defence
of1ered as the first witness OF the day Marion W
Moore. of McCabe. Arfz., a member of the execu-
tive board OF the Western Federation Of Miners
AS Mr.. Moore took the stand M barrow an
nounced that another member of the executive
BOARD frank SCHNEIDER was killed IN Denver
night before las: while boarding train to come
70 Boise as a witness Owing the fact. M
Darrow said, the defence might be compelled
10 ask for q days delay a little later 10 obtain
from various other sources the testimony expected
from Schneider.
The witness Ofoore) was asked as to the cir
cuEnstances under which he agreed TO take q letter
70 Alaska for Harry Orchard and mail II from
Nome 10 the second Mrs. Orchard in Colorado
Moore said he first met Orchard in Denver in May.
I YVES sitting on a bench in Courthouse SQUARE
when ne came up and introduced himself. saving
he had seen me in the COeur d'Aenes. said
Moore. IT him several Zines after that once
N nth street IN 1895 told him at that time that
was going 10 Alaska TO organize a union at Nome
orchard came 10 my room later and asked ne Il
would mail a letter tor aim from Nome. II was
addressed 10 Mrs. Harry Orchard and he told me
he wanted 70 get rid Of hat woman He said
he might come NJ to Alaska later himself. I
arrived in Nome August i. 1915. and two days
later remembered and mailed the letter"
On cross-eXartnat:On Moore said he did not IN
oure Is whether TIE woman 20 whom the letter
was addressed was Orchards wife Orchard
referred 70 he~ as That woman" and said 10
wanted . - I'd Il ~. Moore said he mad talked
with Orchard orig -ar=e four tines before the
letter ircGe1- tcoE ci2ce.
WIFE 0F KID WATERS, THE Gun MAN"
.'e..ovv TX Moor re stand cane Mrs. Nike
taileF. II Butte, Mont. The witness was formerly
Ms ttarr, aaters. rlsose husband W. generally
:r9rr az 'Hid" Waters a gun man." yao ar-
1TE Of 10 ord .4r.,
1ied AK Asked what KID Waters did wit
replied: A little bit Of every,h.ng-detective
chiefly"
BY whom was ne employed as 1etectlvsr'
BY the Mine Owners Association"
Scott and Lyle Gregory"
Yes
HOY :.zr.- guns I'D the .1tid' usually carry?~
Three. E;Iey we've q al descriptions"
Do you s'co" Harry Crchard?"
Yes. SIR"
Did You ever see him 81 your house,"
Yes: the first time n March. 1894"
The witness was examined briefly. Her present
husband. she said. s a miner and a member OF
the Western federation of Miners
owen BCryes. sometimes known 'Owrey' was
the next witnsss Barnes was IMPLICATED bv Or
chard in the manufacture Of certain ooubc. Barnes
lost both OF his feet while mining. He had been a
member Of the Western Federation Of Miners for
many years. In 1904 Barnes lived in cabin near
the Independence station. Orchard came there only
once.
the manufacture Of dynamite bombs asked Oar
Did you help him in any way in the manufact-
uTe OF bombs?"
7 did not"
Did you ever make bomb"
Never
Did you ever commit or plan 10 commit any act
Of violence with Harry OTchard?"
In that distrct?" inquired the witness.
Yes"
NO. str"
Did you enter into any agreement or did
you ever plan 70 commit act OF violence any
where?"
. No sir
Barnes said that the day OF the Independence
station explosion. June 6, 1903, ne attending
fhe Democratic National Convention in 81. Louis.
on crOss-ezamiration Barnes asked draw a
rough sketch Of the Independence station and the
neigh borhood OF the place where he lived. whore
Orchard lived and where BIN Eesterly, steve
Adams and BIZ Altman lived All were within
a short distance of the station. On redirect OK
animation Barnes said practically the entire mining
camp lived right around the station
Next came Jacob Wolf "A former clerk for George
a Petubone. and in whose name letters containing
money were sent 10 Harry Orchard in San Fran
cisco. Wolf said he first went work for PETIT +!
bone in 1895 and remained a year. He again en-
tered Pettibones employ in 1925 and remained in
the store until the business wound up May.
1906 following Petitioners arrest and Incarceration
in Idaho
The witness said that many the Colorado miners
when in Denver made Petitioners store their head 1
quarters. He often made purchases for them and I
allowed them to leave bundles and packages in the /
store. He met Orchard at the store. hut did |
remember ever having seen 'Steve'' Adams there.
DO you remember sending something Cali /
fornia in 1902" asked Darrow.
Yes. sir. Mr.. Pettibone IN the store open
fng HIS mail day and after reading of the /
letters. he said 20 me-
The state objected to what Pettibone said and /
was sustained
The witness said he saw Pettibone open and read |
letter Later he vent 10 the postofice and regis
tered letter for him.
What put into the letter."
"A union card and Masonic charm