Los Angeles herald., 1907-07-06
HAYWOOD CASE
IS DRAWING To
A CONCLUSION
Beginning Of End Is
in Sight
Meyer and Haywood to Appear on the
Witness Stand Monday-Judge
Asks for Instructions
to Jury
INV Aesociated Press.

BY Associated Press
BOISE, July 5.-A beginninr OF the
end of the Haywood trial was reached
today. Counsel for the defense an
nounced that with the exception OF
three or four witnesses their case IL
direct is before the judy.
Charles H. Meyer, the accused presl'
dent of the Western Federation of Min
ers. will be called as a witness on Mon
day. He will be followed by Wllllan
d. Haywood, the defendant.
Judge Fremont Wood has asked
counsel on both sides to submit their
REQUESTS for instructions to the jury:
He has informed counsel that ne Will
consider these requests and Will agree
with counsel as to what his lnstruc-
tions shall be in order that the argu-
Inents on both sides may be limited 10
What the jury will be allowed to con-
slider in the evidence.
In adjourning court this afternoon
urril next Monday morning at 1V
O'Clock Judge Wood said that he hoped
the interval would be utilized by coun-
sci in preparations that would prevent
further delay and bring the case TO as
speedy close as possible.
RebuttaI Wednesday
Itds now expected that rebuttal evil
dence in behalf of the state VIII COM
mence on Wednesday and possibly on
Tuesday, much depending on the eX-
tent of the cross-examination of Meyer
and Haywood. Counsel for the defense
and the prosecution after the ADJOURN
ment this afternoon were willing TO
admit the possibility of the verulct OF
disagreement in two weeks.
Some uneasiness on the part OF the
iurymen as a result of their long con-
finement developed this afternoon. Just
before the adjournment of court juror
s. f. Russell, who occupies the tWelftn
chair. asked if the jury would be all
lowed to exercise during the two days
adjournment.
He complained that some members or
the jury were disinclined to take walks
and that for this reason the other jury
men were unable to take exercise to
which they were accustomed and with
out which there was danger of sick
ness o. V. Seborn, sixth juryman, ad-
dressed the judge in support of this
statement and asked that the jury be
allowed to take exercise according to
their inclinations.
BaiIiffs Too Severe
Judge Wood and counsel for both
sides agreed to arrange anything within
the law for the improvement of the
conditions. A p. Burns complained
that the baillffs in charge Of the jury
were too strict md that Juryman
who exceeded some trivial rule was
summarily called to order. Juror j. A.
Robertson, the good humored Scotch
man occupying the ninth chair, de-
Tended the bailiffs and said laughingly:
.'WelI, 1 don't know about being too
strict. never had better time in my
life."
The announcement was received with
roars of merriment, and Judge Wood,
who seldom joins in any demonstra-
tions, leaned back in his chair and
laughed heartily.
The five witnesses on the stand this
morning added ;,pport to those who
have preceded them. They were called
to testify concerning conditions exist
ing in Colorado during the disturbances
at Cripple Creek, and to show that
there was no reason to call out the
militia. Orchard was further discred-
tied by Owen Barns. a miner who lived
near the independence mine and who
Orchard said assisted him in the manu-
facture of bombs Barns said he knew
Orchard. Adams and Easterly and 9TH
ers, but fatty denied that he ever
planned or discussed am criminal eX-
petition with orchard.
Wolf Strong Witness
]. Wolff, who swore that he was f1nan-
cial clerk for George Pettibone for many
years and closed up Petitioners busi-
ness after he was arrested, proved one
Of the strongest witnesses for the de-
Tense in it's widespread contradiction of
Orchard. In his statement on the stand
Orchard swore that when he was in San
Francisco on the Bradley killing eX-
pedition he sent to Pettlbone for money,
which he received in a registered letter
containing five 500 bills.
He said the letter was signed u.
Wolff" and the state intimated that
this was name under which I ettibone
passed. The witness today swore that
he had sent Orchard no money, but that
he had sent a registered letter to Or
chard, as Jack Dempsey" addressed to
him in San Francisco This letter,
Wolff swore, contained a Masonic
charm and union card which Orchard
had left with Pettibone and for which,
1t has been testified, he yrote after his
arrival in San Francisco.
The examination of William D. Hay
wood early next week is looked forward
to as one of the big features of inter-
est in the case. 1t Is probable that
Haywood will be closely examined as
to his whole life and that he Will be
asked in his own defense to expose
everything he can .,osaibly give out i'm
connection with the affairs of the West