Los Angeles herald., 1907-07-17
HAYWOOD CASE is IN ITS
LAST STAGES
ALLEN is GIVEN HEARING ON
PERJURY CHARGE .
Orchard Principal Witness Against
Station Agent-Argue Motion
to Dismiss Charge
Today
BY Associated Press.

BY Associated Press.
RO1sE Idaho. July 16-In the last
stages of the case against William d,
HAYWOOD the prosecution put six Wit
nesses on the stand today to rebut the
evidence of the defense.
Three testified to conditions IN tne
Coeur d'Alenes in 1899 and three on tne
situation in Colorado during the strike
period of 1903 and 1904.
The important witnesses of the DAY
were called to contradict the showing
made bv witnesses for the defense that
there was no reason for the calling out
of the militia of Colorado other than a
drive on the part of the mine owners TO
deceive members of the Western Feder-
alton of Miners from the mining dis
trict.
one witness fatty contradicted the ev-
idence introduced by the defense 10
show that the explosion at the Vindi-
Gator mine was due to an accident.
While the big trial was going on in
the district court before Judge Fremont
Wood an interesting offshoot of the case
was being heard IN the small room pc
ing used as a court by Justice OF the
Peace Savage.
c. w. Aller, the depot agent who was
arrested yesterday, charged with per-
jury, was brought before the magistrate
for a preliminary hearing.
Tried for Perjury
The state was represented by Prose-
cutting Attorney Kotlsch and the prison.
er by Peter Breen, an attorney of Butte,
who has been associated with Hay-
woods counsel, having been retained oy
the miners union of Butte, Mont, to
watch the case.
Fred Miller, who was Orchards coun-
sci at his preliminary hearing in Caldwell
Immediately after the murder of Cover
nor Steunenberg, assisted Mr.. Breen.
The principal witness in the perjury
hearing was Orchard himself. Ihe prls-
oner was brought in from the penlten-
tiary in charge of Warden Whitney and
a penitentiary guard.
Not more than half dozen people out
side of the principals in the case and the
other witnesses were present when Orch
ard went over his testimony as to his
with the railroad agent whom
Aller swore interviewed Orchard in Grip
pie Creek two weeks before the explosion
at the independence depot on June 6, 1904.
Story Unchanged
Orchard was closely cross-examined by
Breen, but no amount of cross-question-
ing brought out any material change in
the original story.
Breeu was more severe in the little
MAGISTRATE court than was the cross-ex-
aminer when Orchard was the star wit
ness for the state in the Haywood trial,
but Orchard maintained the same calm
exterior and answered each question with
quiet positiveness.
A number of other witnesses were eX-
amined, the case taking UP most of the
day. A motion to dismiss will be argued
tomorrow.
Edward Award, 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 concen-
traitor at Wardner and that he came from
the train returning from Wardner.
The train was in possession of the mob
that blew up the concentrator and killed
two men.
Awards evidence contradicted the wit
nesses for the defense who said they saw
Orchard playing poker on that day at
Mullen, several miles away. The claim
of the defense is that Orchard was not
at Wardner and had no part in the riot.
A. r. Holman swore in rebuttal of the
testimony of Thomas Woods, witness
for the defense.
Wood had said that he saw Beck and
Mccormick, the two men killed by the
explosion at the Vindicator mine, in the
eighth level.
He said that NJ Beck carried revolver
on that day, and that he saw a box of
powder on a 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 carried the powder with them
and that Beck dropped his revolver,
which exploded and the powder went off.
This would also account for the finding
of shattered parts of a revolver near the
bodies. Orchard swore that he fired the
powder with the pistol
Holman was a superintendent of
neighboring mine and formerly superin-
tendent of the Vindicator. He was one of
the first to go down the shaft of the Vim
dicator after the explosion.
His evidence, given largely from chart
repaired of the interior of the mine, con-
tfadicted Wood on many' points. L. G.
Ramsay, a young man and a 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 a
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 strike conditions.
Under a searching cross-examination by
E. r. Richardson Rutan admitted that
union miners were deported and driven
by force from the county while he was
sheriff and no attempt was made to pre-
vent or punish those who attacked the
union men.
He said that the deportations were the
80 EIa aif ofT ,rfd IA