The Birmingham age-herald., 1907-06-11

conversation when he was stopped by richardson, who declared the matter in- material. This brought out q protest rom Senator Borah, who said; You asked for this; now take it as it comes.
 T didn't ask for a lecture,' retorted the attorney for the defense.
 Judge Wood said the prosecution could 30 into the matter on redirect examina- ton if it desired and Orchard was not al- lowed to proceed
 Orchard denied that he had ever dis cussed the mining troubles with Franklin and Carlton He entered the same denlal as to Kid" Waters, Frank Mi 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 said he had first discussed the matter with Par ker and Davis the strike managers in the Cripple Creek district but he could not recall the exact date or place Haywood whispered constantly in his attorneys ear as this part of the cross-examnatlon pro ceeded Orchard said he later discussed the Independence matter with Parker and Davis at the Belmont hotel in Denver and in the lobby of the miners convention, which was in session at the time. The witness declared 1t was because Hay woods control of the federation was m jeopardy in the convention that the leau-
 
 Lyte Gregory Murder.
 Richardson next jumped back to tue Lyle Gregory murder in Denver, wanting to know If Orchard had not gone to the Adams hotel that evening.
 "No sir" replied the witness "1 llr5t went to Pettibones back yard and burle1 the sawed-off shotgun and then went home.
 After a long line of questioning, which developed little that was material At torney Richardson suddenly turned on Orchard and shouted:
 Look here, have you been cautioned not to give definitely any time or place during this cross-examnation?"
 'I have been cautioned as to nothing" retorted the witness with feeling, but to tell the truth"
 "Who cautioned you?" demanded Rich ardson
 MT. Mcfarland and MT. Hawley."
 MT. Mcfarland is you mentor in this matter?"
 'I don't know what you mean by men tor"
 'I mean he has coached you
 NO, sir no more than te tell me Q tell the truth"
 You have also received letter from Mir Hands of New York, the superlntend- ent of a detective agency, encouraging you, havnt you?'
 Orchard said he had never seen any such letter He also denied that he had ever received letter from William A. Pinker ton.
 The witness was next required to relate the details surrounding each occasion m which he received money from Haywood. Mover and Pettibone He said he thought the first money he received from Petit bone was handed over in the latter's store.
 Speaking for himself ana Adams. Orch ard said: During the time we were working on MT. Peabody we got $50 or $1OO when we asked for 1t.
 He said he was gambling and leading something of absolute life.
 Now. from what all you have said and know, these defendants had nothing 10 do with planning the Vindicator mine ex- plosion?" suggested Richardson.
 Vndcator Biow-Up.
 Nothing other than to pay for it." re- piled Orchard.
 'I limited my question as to plotting and planning said Richardson.
 "They had nothing ,o do with planning the Vindicator explosion or the Vindicator explosion or the taking of the life Of Gregory
 No. sir. as far as I know" replied the witness.
 Then they had nothing to do with any of your outrages with the Independ- ence depot affair.""
 q believe they had something to do with it, yes sir.
 "I mean as to planning"
 NO, they did not plan it.
 As to the Independence depot affair, ----------------~------ "