Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1907-07-13
STATES REBUTTAL
FEATURE AT BOISE
n;rect Conflict and Denial of Many later
esting Points In Evidence Given
By the Defense

-otsr July 1ss--With the opening
- court today Attorney Hacnaroson
.,,,g surprise in announcing that
defense rested. At the adjourn
- =, yesterday barrow bad announced
.owaer expert would be put on the
a.ana TODAY to testify on the Bradley |
avnosion at San Francisco. the
.sange OF plans took the states at
..rnsys unaxaTe and there was some
aoav in beginning the irehsitaAl.
~, r. Rice was recalled and testi-
aad that in November. 1905, Orchard
A,d not wear a mustache. This was
1ontradiction of one Of the defense's
,,,tnasses who swoTe 'neiheard' Orchard
rake threats against sBteunenberg, de-
.cr,hine orchard as "a man with
large naoustache.
nan Gainey of walia WAlla, who
lost both feet in the Independence mine
arnlosion and lived in Occur d'Alene in
isss-ss and roomed part Of the time
Win Orchard, was the next witness.
Gainey said Dominick Flynn, who tes-
tified he was playing poker with Or
chard April 10, 1899, the day of the
Bunker Hill and Sullivan explosion,
had told him he had not seen Orchard
since February, 1899. The cross ex-
animation brought out the fact that
the witness knew Orchard blew him
up. but had had correspondence with
him since iiis arrest.
R. E. Grimshaw, of Deadwood, 8. D.,
was called to identity the prison reg
ster, showing that in 1880 John M.
oNeill, for many years editor of the
Miners Magazine, was in the Dakota
psnitentiary There was an objection
and authorities are to be cited and the
decision was deferred.
In contradiction to John d. Elliott,
who testified he heard Orchards
threats against Stenenberg while on
railway officials who produced records
showing that the trains on which Ell
liott said he and Orchard travelled did
not make the connections which Elliott
had described as part of the journey.
The state called J. K. Stephenson,
hotel clerk at Salt Lake. who testified
that Orchards name appeared on the
books of the Hotel Cullen November
Is, 1905, and he remained there fol-
three weeks. He paid for the room
nightly in advance, but his name was
only entered on the books November
25
August Paulson, of Wallace. Idaho
one Of the owners of the Hercules, In
which Orchard held a one-sixteenth
interest, was called. There was long
argument of counsel as to the witness
ability to tell when Orchard ceased tc
exercise any control of the mine
Paulson could not remember the exact
dates, but said that after the earl,
spring of 1898 Orchard had nothinl
further to do with the property. Hi
interest being succeeded by DAME
Cordoner.
The deed by which Orchard trans
ferred his interest in the Hercules t.
cordoner was admitted in evidenc
over the protest of the defense an,
bore the date Of March Z, 1898.
The defense claims Orchard had
I personal motive against Steunenber
because Of the loss OF his propert
wnen he was driven out Of the countr
IN the 1899 troubles. The state claim
ne sold the interest a year or so be
Iore the trouble.
j. A. Moser proprietor of the KettI
BLOCK rooming house at Denver. testti
ned that Orchard, under the name c
dempsey, stopped with him two week
late In July and August 1904. D
MCGEE witness for the defense, ties
tined several weeks ago that he sa'
orchard In the Coeur d'Alenes at ths
ufne' On cross examination Nose
SAID he kept no record of guests an
could not remember the name of an
other transient guests in the summs
Of 1904.
at the opening Of the afternoon Sc.
SION Judge Wood announced he wouI
unit the evidence offered by the sta
n rebuttal to show the conviction
Sonn M. o'Neill for mansiaughte
ONein IL the editor Of the Miner
azne, and was a witness for Il
defense.
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Notes from the co,,r4 lo,,..