The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-06-07

| where he worked, where he got his
| money and where he went from time tC
time. Orchard said he worked on ar
| average of ten or eleven months a year
| in the mines of Utah, Nevada and Ari-
zona. He gambled part of the time.
Did you lose when you first began tc
| mot always"
But you finally got so the other fell
| low always lost and not you?"
Counsel for the state objected to this
| form of questioning, but it was allowed
by Judge Wood.
He Generally Lost.
Il nearly always lost" quietly replied
| the witness.
In reply to Richardson's questions
Orchard traced his journeyings from
place to place. The attorney wanted to
know how much money the witness had
at each place. Orchard supplied the
information to the best of his recollec-
tion, admitting that large percentage
of his wages went over the gambling
table. He seldom remained more. than
from one to three months in any min
ing camp. Up to the time he went to
Colorado in 1902. Orchard said he had
never heard of Haywood, Pettibone,
Meyer or Simpkins
Orchard said he did not hear of Gov
ernor Steunenberg's action in suppress
ing the Occur D'Alene troubles until
some time after he left the states of
Idaho.
The witness said it was his own initi-
ative which took him to Colorado and
said that no one connected with the
Western Federation of Miners had
urged his going. At that time, July or
August, of 1902, there was no trouble in
Cripple Creek. Arriving in Colorado he
went to work in the Trachite mine and
renewed his membership in the Western
Federation of Miners joining a local
headed by w. F. Davis, who had been
in charge of the party which blew up
the Bunker Hill and Sullivan mill
Attorney Richardson asked the wit
ness repeatedly about his gambling ex-
periences, laying much stress on this
feature of his cross examination.
When the Western Federation of
Miners ordered a strike at Cripple
Creek in August, 1903, Orchard said
he went out with the other union men
w. F. Davis, Sherman Parker and a
man named Remission. Orchard said
he had heard that Parker and Ken
niston are dead.
Mr.. Richardson next took the wit
ness through his high grading" ex-
periences in the Vindicator mine.
High Grading Experience.
when you said the other day that
you had high graded in the Vindicator
during the strike, you simply meant
that you were an ore thief, didn't
you?"
''I don't know what you call it, re-
piled Orchard. 1--WE took the high
class ore out secretly and sold it,
''You often made as high as $25 or
$50 a day, didn't you from high grad
Eyes"
Orchard said he also thigh graded"
while at work in the Vindicator before
the strike.
he had reported to Davis the finding
Of car load of powder in the Vindi-
Gator mine.
up to the time you told this to Da-
Wis had there been any talk to you of
proposed violence to the mine?" ask
ed Mr.. Richardson.
mo sir
you broached the subjeet?"
"Yes. I'd heard the leaders of the
of Miners had blown up
mines before
The witness could not recall who
had told him of this. He believed it
was Arthur Doolin.
Your object was to suggest to Da-
Wis the firing of this POWDER"
''I felt some enmity to the mine
owners and had thought of it. The
soldiers had been brought in there and
were running US around"
Asked how he came to know there |
was powder in the mine, Orchard said
he had stolen some and sold 1t.
''Was there anything in your ex-
periences at Wardner, Idaho, which al |
powder to you"
cit may have"
did the suggestion that the powder
IN the mine be touched off come from |
you or Davis 2''
From Davis. He said he would |
give me 5000 to touch it off,
Orchard said he had communicated |
nis Thoughts" about blowing up the |
mine to Davis.
Would Have Killed Fifty.
nonunion men work in the Vindicator
mine. He believed the touching off |
Of the carload of powder would have
meant the death of all.
And you proposed to murder fifty /
men for $2OO?" asked Richardson.
'I proposed to touch off the pow
der Orchard fenced in reply.
did you average the men at about
81 a head?"
An objection to this question was
sustained by the court.
Orchard said that Meyer come to
Cripple Creek during the strike and
acts of any sort be committed. saying
hev would surely be charged to the
Western Federation of Miners.
Haywood spoke to the same effect,
the strikers against drink
ng and gambling as well.
Didn't Haywood say the mine own
srs would like violence for they could
han bring in troops and break up the
lnion?" asked Richardson.
"I don't remember that"
"Didn't he say that any violence
would react on the union and was not
o be countenanced? ?'
''I believe he did"
With a man named Choltz, Orchard
aid he went into the Vindicator mine
O attempt to fire the powder. "a
ager' discovered them and they shot
t him This incident caused an
abandonment of the plan of blowing
In the mine at the time. Orchard
aid the mine was guarded by the
militia when he and his companion
rent down. but there was one passage
eft unguarded. Two months later the
an++orof hIn1riIle IN the mine WAS