New-York tribune., 1907-06-21

The defence insisted that the decision be read in
its entirety, Senator Borah being at the task for
nearly hour. Luncheon adjournment then was
taken until > o'clock
Senator BOrah announced that the state would
undoubtedly close tomorrow.
GABBERT DECISION INTRODUCED
After recess Senator Borah offered In evidence q
decision OF the Supreme Court OF Colorado In the
case Of Charles II. Meyer denying a writ of
habeas corpus 20 the president Of the Western
Federation of Miners. Tho opinion written by
Chief Justice Gabbert ana Identified for tho
purpose OF showing alleged animus Of the fedora
uon against the Jurist whose life attempted
by Harry Orchard. The reading of tho decision of
the court Was dispensed with for the time being
20 enable the stat" to Gull 10 the stand James Kr-
wan. acting secretary OF the Western Federation
Of Miners in the absence Of Haywood.
kirwan detailed the duties of the Office he now
fills. He was asked about tho membership OF tho
executive board in different years the object being
10 show that Jack" Smpklns. implicated by
Steunenberg. member OF the board in 1884,
1905 and 1906. Kirwan said this was true. He said
the president and secretary treasurer ofiCio
members OF the board. Money from the treasury
Of the organization is paid out on order Of the
president and sccTetary-treasurer.
This all that desired OF Mr.. Kirwan and
he released without cross-examination.
E NJ. Stuart, n machinst, Of Baker City. Ore,
formerly chief engineer OF the Trade Dollar Mine
silver City. called testify to a con-
versation he had with Haywood in 1899 The de-
fence objected to this testimony the ground that
any criticism of Steunenberg during the Cnur
d Aencs trouble could not havo anything TO do with
fixing the responsibility for his death II was also
argued that in 1899 Haywood was but a working
miner, holding Office whatever In the Western
Federation OF Miners. Judge Wood allowed the
testimony.
Mr. Haywood said Governor steunenberg was a
tyrant and monster and ought 10 be killed. be-
leve exterminated was the word he used said the
witness
Cross-examined by Richardson. Stuart said that
criticism of Governor Steuncnberg common
among the miners at Silver City because ono thou
sand miners in the 'bullpen'' at the time and
were held without trial Asked how he remembered
what Haywood said, Stuart replied:
IT looked Mr. HAYWOOD g
model citizen. and was surprised TO hear him say
what he did
after. the witness said. but far his conduct
was concerned he remained model citizen.
Haywood made the statement regarding Steunen-
berg. He could not recall any of their names. He
did not remember the names OF any of tho men
working in the mine at that time.
The next witness WAS w. " Mccartney. who in
1904 was cashier Of the Postal Telegraph Company
at Denver. He identified an application filed with
him for the transfer of sum of money. Tho
Identification OF the man TO whom the money was
waived by the sender. The papers In
dicated that the money was paid.
TEIEGRAPHIC TRANSFERS OF MONEY:
The papers were then offered in evidence. The
Wolff, of No l725 Stout street Denver. TO nave
the company pay $97 so to ID Green. care Peter
L. HUFF. No. 2l1 Taylor street. San Francisco
u WolT' is alleged have been the name
taken by George A. Pettibone. and No. 17& Stout
street was the address Of Petdbone's store; or or
chard said on the stand that he had received this
money from Pettibone, who had told him Harry
Green was good enough name for any one. The
date of the money transfer September 10. the
time Orchard was in San Francisco engaged in op
erations against Fred Bradley.
The second paper showed the transfer on Oc-
tober 15 1904, of $4S to III. Green" in San Fran
cisco from "P. Bone" Denver. Orchard testified
that the name Pat Bone was often used by Pet
tibone
The defence did not cross-examine Mccartney,
moved unsrccessfllly TO have all OF his testi-
mony stricken out, not tending in any way TO
connect the defendant, Haywood, with the killing
of Ex-Governor Steunenberg
Senator Borah said this ended the states case.
with the exception of some records from the Dem
yer Office of the Western Union Telegraph Com
pany, which expected tomorrow. II they ar
rive, the state will close by tomorrow noon.
Tho Senator then. the last bit OF work, read
the decision denying the writ OF habeas corpus TO
Charles II. Meyer.
The defence insisted that q dissenting opinion OF
the court should also be read. Judge Wood granted
the attorneys for the defence permission to read
the opinion. but said Senator Borah would not be
required to do the task. It finally agreed TO
let the reading go over until tomorrow morning at
$50 o'clock to which time court adjourned.
Mr. Darrow stated that after the close of the
states case the defence would have an important
matter to present the court before proceeding
with the opening statement to the line OF de-
fence. This understood mean that the de-
fence will move the court to instruct the jury TO
render a verdict Of not guilty on the ground that
the state has not sufficiently connected Haywood
with the death of former Governor Stsunenberg
II this motion Is denied the defence will ask for
an adjournment until Monday, when Mr.. Darrow
VIII maAa -ssS2s agsalnS statemsnt