The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1907-07-05
CONTINUE ATTACK
ON ORCHARDS STORY
WITNESS DECLARES FORMER
WAS PLAYING POKER WHEN
MINE WAS DYNAMITED.
Merchant from Mullen, Idaho, SWears
Orchard Was in His Store at Time
Mine Was Blown Up-Story of
"BulI Pen" Told.

Dull TCH tOiOs
Boise, Idaho, July 1.-The defense
in the Steunenberg murder trial be-
gan Saturday morning with a further
attack on the testimony of Harry Or
chard, and then presented testimony
to show that Jack Simpkins was cruel
ly treated in the Idaho bull pen' and
that union miners were whipped and
driven from Cripple Greek.
Judge Wood announced that there
would be two sessions of court instead
of the usual Saturday half holiday,
and proceedings opened promptly at
nine a. m.
Dominick Flynn, who conducted a
cigar store in Mullen, Idaho, in 1899,
swore than Orchard was in his store
playing poker the day that the Bunker
Hill and Sullivan mill was blown up,
and Pat McHale, who gave the occu-
patton of barkeeper and said he gam
bled whenever he got chance, swore
that he sat in the game with Orchard.
McHale, who is bartender in Null
len, followed Flynn ON the stand. He
said he played poker with Orchard in
Flynn's cigar store the 29th of April,
1899, and had never seen the man
since.
Frank Hough, who testified to con-
ditions in the Idaho bull pen" and
the treatment of Jack Simpkins,
swore that Orchard told him at Wal
lace in the fall of 1905 that he had
just come from Alaska, the first
mention in the case by the defense of
the supposed visit of Orchard to Alas
ka Morris Friedman, a former en-
ploye of the Pinkerton detective agen-
cy who recently left the service and
published so-called expose of Pinker-
ton methods, was called to the stand
shortly before noon.
Friedman testified as to the meth
DDS of the Pinkerton agency in con-
nection with the strikes in Colorado.
Accident, Not Crime.
Boise, Idaho, June 29.-The attor-
neys for William d. Haywood con-
tinue to center their efforts on the
discrediting of Harry Orchard and the
establishment of their claim that Or
chard killed Frank Steunenberg in
revenge for the loss of his interest in
the Hercules mine Friday they di-
rectly attacked the indicator explos-
ion with the testimony of witness
that made it appear accidental rather
than criminal
Thomas Wood, nonunionist who
entered the indicator mine as
timberman after the strike began,
swore that the night before the ex-
plosion he placed box containing 20
pounds of giant powder at the shaft of
the eighth level. He saw the powder
the next morning shortly after ten
o'clock, and a few minutes later SUI
perintendent Mccormick and Foreman
Beck came to the eighth level. They
remained but short time and left to
go to the sixth level, where they were
killed Wood swore that when he
reached the shaft 20 minutes later the
powder was gone, and it was rea-
sonable inference that Mccormick and
Beck took it with them.
Says Beck Had Revolver.
Wood testified that he had seen
revolver in Beck's pocket, that the
fragments of only one revolver were
found in the sixth level, and that the
bodies of Mccormick and Beck were
blown apart, indicating that the ex-
plosion had occurred between them.
Orchard said that he fixed revolver
with wire attachment so that when
the safety bar was raised it would
send bullet in the giant powder he
had placed.
One witness for the state has sworn
that he later found a wire attached to
the safety bar, but Wood, who was
among the first to reach the sixth
level after the explosion, said that he
carefully examined the safety bar and
found nothing attached to it. Wood
gave his testimony in clear and
forceful manner and told thrilling
story of the climb to safety of the
men cut off by the explosion below
the sixth level.
Tell of Orchards Threats.
William Easterly, who concluded
his testimony Friday morning, and d.
c. Copley, who was called in the af-
ternoon, both swore that they heard
Orchard tell of the loss of the Her
cules mine and threaten to kill Steun-
enberg for it. On cross-examination
the state scored them both, and par
ticularly Easterly, who received two
letters and one telephone message
from Orchard on the eve of the killing
of Steunenberg, for remaining quiet
when they knew crime might be
committed. Easterly contended that
he did not knew Steunenberg lived at
Caldwell, and explained that although
he knew Thomas Hogan" was Harry
Orchard, he took no steps immedi-
dately after the crime except to con-
suit counsel for the federation, be-
cause he was not an informer. Cop
ley asserted that he did not take Or
chard seriously when thew met in San