The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-07-17
PROSECUTION ABOUT THROUGH
WITH REBUTTAL OF EVIL
DENCE OF DEFENCE.
AN INTERESTING OFf.sHOOT
Was The Preliminary Hearing OF
The Depot Agent, OH Trial
For Perjury.
(By the Associated Press J


BOISE, Idaho, July 16.--ln the
last stages of the case against VIM.
ID. Haywood. the prosecution put six
witnesses on the stand today to re-
but the evidence of the defense.
Three testified to conditions in the
Occur 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 other than decis-
ion on the part of the mine owners
to drive members of the Western
Federation of Miners from the min
ing dictrict. One witness fatty con-
tradicted the evidence introduced by
the defense to show that the explos-
ion at the Vindicator mine was due
to an accident.
While the big trial was going on
in the district court before Judge
Fremont Wood, an interesting on
shoot of the case was being heard in
the small room used as court by
Justice of the Peace Savage. c. w.
Ailer, the depot. agent, who was ar
rested yesterday charged with per,
iury was brought before the magis-
trate for a preliminary hearing. The
state was represented by Prosecut-
ing Attorney Koelsch and the pris-
oner by Attorney Breen of Butte, who
has been associated with Haywood's S
counsel having been retained by the
miners union of Butte, to watch the
case.
Fred Miller. who was Orchard S
counsel at his preliminary hearing
in Caldwell, Immediately after the
murder of Governor Steunenberg, as
sisted Mr.. Breen.
The principal witness in the per-
Jury hearing was Orchard himself
The prisoner was brought in from
the penitentiary in charge of Warden
Whitney and penitentiary guard.
No more than half dozen people
outside of the principals in the case
and the attorneys were present when
Orchard went over his testimony as
to his connection with d. G. Scott, the
railroad agent, who Aller swore in
terviewed Orchard in Cripple Creek
two. or three weeks before the eX-
plosion at the independence depot
on June 6, 1904. Orchard was close
ly examined by Breen but no amount
of questioning brought out any ma
terial 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 question with quiet positive
ness. A number of other witnesses
were examined, the case taking up
most of the day. A motion to dis
miss will be argued tomorrow after
AnQeh. Aller was released on deposit
of $4,000 bond.
In the Haywood trial Edward AL
ward, a physician of Burke, one of
the mining towns of the Occur
d'Alenes, swore that he saw Orchard
on the day of the blowing up of the
concentrator 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 contradicted 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
InaU OrcndFu WdS HUI dl w di uiSi
and had no part in the riot.
A. T. Holman swore in rebuttal OF
the testimony of Thomas Wood, a
witness for the defense. Wood had
said that he saw Beck and McCor-
mick, the two men killed by the ex-
plosion at the Vindicator mine, in the
eighth level before the explosion and
afterwards found their bodies in the
sixth level He said that Beck car
ried revolver on that day and that
he saw box of powder on water
barrel in the eighth level just before
Beck and Mccormick went up to the
sixth, where the explosion occurred
a few minutes later. The impression
created was that the two men car
ried the powder with them and that
Beck dropped his revolver, which ex-
ploded and the powder went off. This
would also account for the finding of
the shattered parts of revolver
near the bodies. Orchard swore that
he fired the powder with the pistol.
Holman was superintendent of "a
neighboring mine and formerly SUI
perintendent of the Vindicator. He
was one of the first to go down In the
shaft of the Vindicator after the ex-
nlosion. His evidence, given largely
from a chart prepared of the interior
of the mine, contradicted Wood on
MANY points. l.. G.. Ramsey, young
man and relative of Mccormick,
followed Holman. He was in charge
of the powder in the mine at the time
of the explosion. He knew Beck and
Mccormick we'll and swore that
neither of them ever carried re-
yolver; that there was no powder In
the mine at the time, so far as he
knew. and that there was no water
barrel on the eighth level as Wood
testified
Sheriff Rutan of San Miguel county
Colorado. was the last witness of the
day. He testified as to the strike
conditions. Under searching cross
examination by E. F. Richardson
Rutan admitted that several miners
were deported and driven by force
from the county while he was sherifi
and that no attempt was made to