The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-07-14
DEFENSE SURPRISED THE STATE AND
RESTED WITH HAYWOOD'S TESTIMONY

With the opening of court today Attor-
ney Richardson sprung a decided SEN
sation by announcing that the defense
rested. At adjournment yesterday after
noon Mr.. barrow had announced that a
powder expert would be put on the stand
today to testify in connection with the
Bradley explosion in San Francisco. The
change of plans took the states attOr-
neys entirely by surprise and there was
some delay in beginning the case in re-
I'VE did not expect this declared Mr..
HaWley, leading counsel for the state,
land our witnesses were not notified to
be here at this early hour"
The witnesses began to straggle in,
however, and soon John c. Rice was
recalled to the stand. He testified that
in November, 1903, Orchard did not wear
a mustache. This was in contradiction
in one OF the defense's witnesses, who
sWOre he heard Orchard make threats
against Steunenberg, describing Orchard
as man with large mustache.
Contradicted Flynn.
The next witness was Dan Carney of
Walla Walla. Gainey lost both of his
feet in the Independence depot explosion.
He lived in the Occur d'Alenes in 1898
and 1898 and roomed a part of the time
with Orchard. Carney said that Domin-
lex Flynn, who testified he was playing
poker with Orchard on April 49, 1884,
the day of the Bunker Hill and Sullivan
explOsiOn-had told him in conversation
that he had not seen Orchard since Feb
ruary, 1899.
Cross-examined by Richardson, Gainey
said he had no present business.
when did you go out of busness2"
After I was dynamited at Victor"
1T was because you were dynamIted
that you wanted to come here and tes-
mo, sir"
You know it was Orchard who saws
he blew you up?'
Yes"
But you have correspondent with Or
chard since his arrest?'
Il have written TO him several times"
That's ALL"
Dispute Over O'NeiII.
3. z. Grimshaw of Deadwood. S. D..
was introduced by the state to identify
a prison record showing that in 1880 John
NJ O'Neil, at present and for many
years past editor of the Miners Maya
zine, was in the Dakota penftentiarv
The defense objected on the ground that
this was not proper rebuttal or impeach-
ment, the witness ONeilHs, attention not
being called to the matter when he was
on the stand. To allow the citation of
authorities the witness was Temporarily
Withdrawn.
In contradiction Of the old soldier
John D. Elliott, who said he heard Or
chard make threats against Governor
Steunenberg while on a train, the state
introduced several railway officials who
produced records that the trains on which
ElllOlI Sdlu ne ana orchard Travelled did
not make the connections which Elliott
had described as part of the Journey
Orchard in Salt Lake.
Elliott testified for the defense that he
travelled from WeiseT, Idaho, to Boise.
about November 2S or 90 1905 The state
called J. P Stephenson, a hotel clerk AT
Salt Lake City, today to testify that
Orchard arrived at the Hotel Cullen on
November %, 1865. and remained there
three weeks. When asked to produce
records, the witness said he could only
find Orchards name entered in the hooks
on November %. 1t was the mans cus-
tom to pay for his room nightly in ad- !
vance
J. II. MOser, proprietor of the Kettle
Block rooming house in Denver, testified /
that Harry Orchard, under the name Of /
Dempsey, stopped with him for two
weeks late in July or August of 1904 /
DR.. MCGEE, a witness for the defense
tesutied several weeks ago that he saw