Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-07-15
DEFENSE TOOK A NEW TACK.
Undertook to Show That There
Was insanity in Family Of Chief
Witness for State.
r. NJ. Sabin, a Colorado Attorney, Tcs-
tilted Lyle Gregory Had Been En-
gagged to Secure Evidence.

Roise. July 15.~-Harry Orchard. the
principal witness for the state against
w. d. Haywood, was called in rebuttal
,bis morning when the trial of the Sec
refarv OF the Western Federation OF
Miners was resumed. Orchard was IN
the chair about 20 minutes. The oues-
lions of the state were few and in less
than five minutes Orchard was turned
over for ss-examination. T. r. Rich-
erdson cross examining, brought out
now feature when he asked if Orchars
,,,+nrnal grandfather was not insane
an fine subject OF confession of mag
inarv crimes. Orchard admitted that
bis uncle Peter Mckinney who lived
I'm Northumberland county, ontario
hanged himself while insane. He de-
riad all knowledge of grandfather
named Patrick. This crpSs-eNamlnatlon
was based on a letter received by the
defense from B. w. McKinstry of Al
media. Penn. The writer claimed that
he received the information from Mrs
Margaret Bull of Wooler. Ont. VINO
was a. neighbor Of Patrick Mckinney,
tbe grandfather OF Hprsley orcn'iru.
She said Patrick Mckinney was an
old style country gentleman nut ne
became insane and raved OF crimes ne
had committed in Ireland, as result
his family kept him chained for years
orchard appeared a little paler man
when on the stand in direct cross-eX-
animation but he Showed the same quiet
self-possession.
william Dewey, the witness who mace
n confession Saturday. and other VIII
nesses in rebuttal testified brieliy-
I'm the last half hour of the morn
inr session, rebuttal on the claim OF
n conspiracy against the western Fed
Grafton of Miners between the Citizens
alliance the Mine Owners assoclauoiI
the detectives in Colorado. an interest
ing verbal duel occurred when kisn-
ardson for the defense, took E' l.. ga
hin. n lawyer of Idaho Springs, Colo,
In hand for crosS-exaninatlon. hicn-
ardson and Sabin were engaged IN tile
trial of cases In Colorado in 1903. kicn-
ardson defended and Sabin prosecuted
DEFENsEs DIRECTION sUs-
TANNED.
When the Haywood trial was re-
sumcd this morning Judge Wood an
nounced that he had decided to sus-
tain the objection of the defense 10 the
pdmittance in evidence OF the records
OF the state insane asylum showing the
commitment to that institution OF John
d. Elliott, who as a witness FOR the
defense testified to long conversation
which he said he had with Harry Or
rhard in November, 1905. The court
cited statute which provides that
insane persons shall not be accepted
as witnesses. Apparently, he said, the
nroseouting attorneys knew of Elliotts
commitment when he appeared on the
stand and they should have objected to
his testimony at that time,
DEWEY RECALLED.
William Dewey, the witness who star
tied the courtroom on saturday py con-
Tossing to participation in the Occur
d Alene riots and the attack on the
Bunker Hill and Sullivan mill, was re-
called to further identify w. #. Davis
as the man who handed out guns and
ammunition the day the mob started
for the mill.
The defense took advantage of
Deweys temperance to question him
further as 10 his motive for testifyine
at this time. Dewey denied that ne
had been allowed to go in debt TO the
extent of $500 to the union store at
Cripple Creek through the lenency OF
Davis.
Didn't Davis finally deny further
credit TO you and wasn't it then that
you left the union?" asked Atty. Rich
ardson,
mo, sir"
Dewey admitted that he still owes the
union $50 or $25 for supplies from the
store. He said he had never been re-
fused credit by anyone.
Didn't you after testifyng on Sat-
urday say TO the man who accompanied
you downtown that you knew the
names OF at least 200 OF the men who
went to the Bunker Hill and Sullivan
mill but you would be - if you would
tell that lawyer fellow" demanded
Richardson.
mo"
The witness declared he could re-
member no such conversation.
Neither could he remember Just what
was discussed
GuIBBrNNI RECALLED.
Lawrence Gulbbinni, the San Fran
cisco grocer who lived across the
street from the Bradley apartment
house. was recalled to deny that he
served drink 10 a man named Reilly
the morning OF the Bradley explosion.
Kelly who appeared as witness for
The defense. declared Guibbinni and
his wife had served him drink. Mrs,
Guibbinni also took the stand and de-
MED what Reilly had said.
on cross-examination Guibbinni
said he had received s325 as travelling
expenses for returning to Boise from
The state continued further 10 re-
out testimony as TO the Bradley ex-
plosion,
Charles Wayne who lived next door
10 Gov. Steunenberg, was called 10
testify as 70 the position In which tho
governor was found after the Orchard
bomb had exploded. the purpose being
70 show similarity IN the effect on
bradley ana SteunenbNrg.
The attorneys for the defense obs
leeted to this testimony as not proper
rebuttai, arguing that the subject
should have been gone into as pnrt
OF The direct case. The objeotlon was
sustained and the witness withdrawn
A GAS EXPERT
C. ID. Lanson. OF the Boise Gas
light company. next was called as
gas expert to rebut the theory " the
defense that tho Bradley explosion
was caused by gas the Ignition hay-
ng been through a lighted cigar,
Lanson declared IN positive terms
mar gas would NOT ignite from amy
glow such as that IN a lighted cigar
ne said a fame temperature was
eeeessaiy before gas exploded.
In order 70 AxDln1a larson darlar-