Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-06-16
STATE WILL CLOSE
CASE NEXT WEEK
Statement Came as a Surprise
to the Defense.
IN THE HAYWOOD TRIAL
Prosecution Secured Admission of
Important Evidence.
TESTIMONY OF THE WITNESSES
Details Of the Orchard Story Con-
firmed-History Of the Pea
body Bomb Completed.
Prosecution Secured Admission Of
Important Evidence.
TESTIMONY OF THE WITNESSES

case against VIM. D. Haywood, charged
with the murder Of former Gov. Frank
Steunenberg. the state today submitted to
the jury the testimony of dozen wit
nesses tending to confirm several details of
the story of Harry Orchard. and at ad-
journment announced that 1t would close
its case next week. The announcement as
to the conclusion of the prosecutions case
was q surprise to the defense. and was
clearly as pleasing to the prisoner and his
counsel.
. In response to a request from the defense
for notice from the state as to the time it
should assemble it's witnesses, Senator
Borah gave next Wednesday as the time.
He later explained, however, that he had
given an early day in order to avoid delay.
AS the trial now stands adjourned until
Tuesday morning. the prosecution would
not be able to conclude before the end of
next week
Among today's witnesses were former
Gov. Peabody of Colorado, and his daugh-
ter. Miss Cora Peabody, but neither was on
the stand long. 1t was anticipated that
the defense would eXtendedly cross-eX-
anime Peabody and open the entire con-
tention involved in the Colorado labor law.
but a noon-recess conference of the united
counsel for the defense decided that 1t
would be better tactics to refrain from
such questioning.
Against a sustained fire of objection and
motions to strike out. the prosecution got
the admission of much evidence bearing on
points of Orchards tale. First there was a
showing that Steve Adams. stranded at
Ogden in 1903. on the way home from Cali
fornia. where. it is alleged. he went to Kill
Fred Bradley. sent a telegram to Hay
wood at Denver for money. 1t showed by
the originals of six drafts on New York
banks. five of which were purchased at the
First National Bank of Denver by Hay
wood himself, that. during 1904. 1903 and
1906 money was frequently RENTED by
Haywood to l.. J. Simpkins. formerly a
member of the executive board of the
Western Federation of Miners. who as
Simmons went to Caldwell with Harry
Orchard and assisted in the first attempt to
kill Steunepberg. The last draft, sent in
January, 1906, after the murder of Steu-
nenberg. was cashed by Mrs. Simpkins,
presumably after Simpkns had fed
=. Efforts of the Defense.
Then. came the shattered and twisted
fragments of the device by which the Vim
dicator mine bomb was set off, and this led
to an extended inquiry by the defense into
conditions and events centering about Grip
pie Creek during strikes and martial-law
days. The defense tried to show that there
had been unwarranted deportations of union
miners: that the calling of the militia was
unwarranted: that union stores had been
looted; that agents of the mine owners had
committed acts of violence and melted 9TH
'ers to violence; that union miners had been
logged and driven from their homes2tand
that peace officers controlled by the mine
owners had employed deputies who were
gun fighters, thugs and criminals.
Next the state completed the legal history
of the Peabody bomb by showing that 1t
was dug out of the ice in the Couer d'Alene
river, then that it was brought to Boise
and taken on to Denver, and lastly by
identifying its casing in court by the
MIN nfnr yhn nn6a Doc
body and his family watched the bomb
cover every moment that 1t was displayed
before the witness stand.
Then the state once more took up the gen.
eral thread of Orchards story and sue
cessvely offered the testimony of Miss Pea
body to the incident related by Orchard
where he and Steve Adams followed the
Peabody carriage home; the evidence of
Gov. Peabody that he had seen Orchard in
Canyon City, and that he had repaired his
house as Orchard testified: testimony show
Ing that at various times in 1905 Haywood.
Pettibone and Orchard were seen together.
and confirmation by William Vaughan of
the trip that Orchard and Vaughan made
to Canyon City. Lastly came proof that
Steve Adams was at PocateIlo in Septem-
Der. presumably to meet and throw Petit
bone dope" at carload of non-union
miners, related by Orchard.
Judge Wood is to go to Caldwell Monday
to continue the case of Harry Orchard,
charged with the murder of Frank Steunen-
berg. and there will be no session of court
to Caldwell to make formal appearance
when the case is called.
Made an Investigation.
The witness Naylor said he made an in
vestigation of the blowing up Of the indie
pendence depot, where fourteen men were
killed.
The only clues he found were wire and
a chair round to which one end Of the wire
was attached. The wire led some distance
up side track from the depot
On re-cross-examination Richardson
wanted to know il Clarence Hamlin, secre-
tary of the Mine Owners Association at
the time, did not start the riot at Cripple
Creek the day of the Independence depot
explosion by a speech in which he urged
the people to drive the Western Fedora
ton men out of the district Naylor said
he heard nothing of the sort; that Hamlin
had spoken only three minutes when the
shooting began.
Riddle Union Hall.
And then the militia rushed out. and the
only thing they did was to riddle the union
hall. wasn't it," asked Richardson.
THAT was not the first thing no. sir"
The hall was fired on, wasn't it?''
Yes sir but not many times"
How many?"
oh sixty or one hundred"
You bombarded the place."
well. the miners DOmDdrded us from
the place and We bombarded them in the
place" said Nayior, amid ripple of
laughter.
, Naylor said he never heard of any men
being hogged before deportation. The
major was asked with reference to the de-
portation of some men in December 1904.
He said they were not miners at all, but
just hangers-on. They certainly were 'un-
desirable citizens" said the witness
But you determined their undesirabi
yOurSelf?' suggested Richardson
No Chance to Doubt.
There was not any chance to doubt it,"
declared Naylor, who was then excused
The next act of the prosecution was to
prove the finding of the Peabody bomb
which Harry Orchard said he had taken
from Denver to Wallace. Idaho with him
At Wallace he gave it to man named
Cunningham. who wanted 1t to blow up a
''scab boarding house. Cunningham was
instructed by Orchard to throw the bomb
into the river if it was not used.
Today w. III. Schulenburg. formerly a
fireman at Wallace, told of finding the
bomb while cutting ice in branch of the
Coer dAlene river. in front of the Wallace