Los Angeles herald., 1907-06-08
Counsel Attempts to
DiScredit the
Witness
Was Employed by Chief
of Railroad
Detectives
Defense Tries to Throw Doubt Around
the Whole Story of indicator
Mine and Other Features
of Testimony
BY Associated Press.

BY Associated Press.
BOISE, Ida, June 7.-Counsel fol
William D. Haywood continued theil
attack on the testimony of Harry Or
chard at both sessions Of the trial to-
day and centered their strongest as
sault on the events beginning with the
explosion in the Vindicator mine and
ending with the earlier meetings be-
tween the witness and the leaders OF
the Federation in Denver. To the ex-
tent that traffic with 1.-The other side''
in war of labor and capital in Colorado
was discreditable they succeeded in
discrediting the witness.
Taking up the admission that Or
chard made in direct examination that
he had been treacherous to his COM
rades in Cripple Creek by tipping off a
train wreclxing plot, they developed the
fact that Orchard entered the employ
Of D. C. Scott, who had charge of the
railway detectives.
Orchard said that with Scott he had
met K. c. Sterling, a detective in the
employ of the mine owners associa-
tion, and that Scott had paid his ex-
penses and accompanied him to Den
wood.
He said he had agreed to report to
Scott, but that he was lying to him
and never intended to make reports to
him and never did make genuine re-
ports to him. The defense also tried
to show that because he stood in with
the other side Orchard was never mo-
Tested by the militia in Cripple Creek
during the strike. Orchard admitted
that Scott had told him if the militia
interfered with him he was to send for
him and that the militia never did in
terfere with him nor search his house
Wanted Easy Job
Orchard said he went to Scott frs
because he had not been paid for hi.
work at the Vindicator mine and he
was jealous because he was given hard
work like the Vindicator job while
other men got the simple task of train
wrecking by displacing a rail- More
crimes, great and small, were added to
Orchards record today. The Cripple
Creek woman with whom he committed
bigamy had three sons; Orchard stole
high grade ore from a messmate; he
stole two cases of powder from the
Vindicator mine; he stole powder to
make one of the bombs thrown into the
Vindicator coal pile and he told lie
The defense endeavored in various
ways to throw the shadow of doubt and
improbability around the whole Vindi-
Gator story and the alleged connection
Of w. F. Davis and William Easterly
with the affair and the circumstances
under which Orchord testified he met
Meyer and Haywood and was paid for
the commission of the crime, and to
discredit Orchards story that he was
sent back to Cripple Creek with un-
limited credit and orders to commit any
acts of violence that he cared to- He
confronted Orchard with Easterly and
owen Barnes and paved the way for
the contradiction by them of the story
told by Orchard, and several times dur
ing the day paved the way for the con-
troversion of his testimony on ma
tertal points. Orchard stood the strain
and test very well and held tenaciously
to the story he related yesterday and
the day before.
Suddenly toward the close of the
day the defense took up the trip
Orchard made to Southern Colorado
with Meyer In the early part of 1904,
and showed that Meyer feared to go
south unguarded because mime own
ers' official thugs had beaten up inno-
cent union men and had sent for
Orchard to aid in protecting him.
Ready for Defense
1t was agreed that they should carry
cutoff shotgunS and sit in the center
of the railway car so that If they were
attacked they could defend themselves.
Attorney Richardson in questioning the
witness made 1t very clear that this
had been a perfectly straight PROPOSE
tion, "free from any fake"
Counsel fared up several times dur
ing the day and in the last passage at
arms Prosecutor Hawley said that De-
fender Richardson told a falsehood
when he intimated that Orchard was
1axed witness.
T The trial goes on at $3.50 tomorrow,
when cross-examination of Orchard
who has now been on the stand for
three days, will be continued.
BOISE, Ida, June 1.-The trial of
William d. Haywood was resumed at
0 a. m. Orchard resumed the stand and
Attorney Richardson began at once to
ply him with rapid fire of questions.
Before answering Orchard asked per-
mission to correct two statements made
yesterday He said he had neglected
to give the name of his sixth sister
Minnie Horsley, who married man
named Rogers and who lives in New
York somewhere. Orchard also said
that he stated yesterday that he had
no partners in the wood business in
Burke, Idaho. He remembered today
that there were two men to whom he
owed money and to whom he had
promised an interest in the business.
While Orchard was making the lat
ter statement Richardson interrupted
him with a question.
The attorneys for the state at once
objected for counsel cutting he witness
off. Orchard also protested to the
court saying he would like to have the
opportunity to answer before being in
terrupted.
1--WE both can't talk at the same
time" he said to Mr.. Richardson.
"And yesterday you asked me new
questions before could answer the old
ones
+. Counsel again Joined in the protest
and Mr.. Richardson became somewhat