Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1907-07-14

EXPLOSION, had told him IN conVeTsd-
ton that he had not seen Orchard since
February, 1899.
Gainey Cross=Examined
Cross examined by Richardson Carney
said he had no present business.
asWhen did you go out of business?'
AFTER 1 was dynamited at Victor.
ct was because you were dynamited
that you wanted to come here and tes-
tify?'
you know it was Orchard who says
he blew you up?''
Eyes"
But you have correspondent with Or
chardS since his arrest?'
81 have written to him several times.
That's ALL
r e. Grimshaw of Deadwood, S. D,
was introduced by the state to identify
a prison record showing that in 1880 john
NJ OfNeiIl, at present and for many
vears past editor of the Miners Maya
zine, was in the Dakota penitentiary.
The defense objected on the ground this
was not proper rebuttal or impeachment,
the witness O'Neills attention not being
called to the matter when he was on the
stand To allow the citation of author
tiles the witness was temporarily with
drawn.
Railroaders Testify
In contradiction. of the old soldier John
d. Elliott, who said he heard Orchard
make threats against Governor Steunen-
berg while on the train. the state intro
duced several railway officials who pro-
duced records showing that the trains on
which Elliott said he and Orchard trav
eled did not make the connections which
Elliott had described as part of the jour
ney
Elliott testified that he travelled from
Weiser Idaho, to Boise about November
2S or %, 1905. The state called ]. P.
Stephenson, a hotel clerk of Salt Lake
City today, to testify that Orchard ar
rived at the Hotel Cullen on November
%. 1905, and remained there three weeks
When asked to produce the records the
witness said he could only find Orchard s
name on November 25 1t was the mans
custom to pay for his room nightly in
advance.
]. H. Moser, proprietor of Denver
rooming house, testified that Harry Or
chard, 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, testified several
weeks ago that he saw Orchard in the
Occur d'Alenes a this time. On cross
examination he said he kept no record of
guests and could not remember the name
of any other transient guest in the sum
mer of 1904. He was requested to come to
Boise by Pinkerton detectives
Interest in the rebuttal case was ma
terially quickened by the calling of Au-
gust Paulsen of Wallace, Ida, one of the
owners of the Hercules, in which Orchard
once held a one-sXteenth interest. There
was long argument between counsel a
to the witness ability to tell when Or
chard ceased to exercise any control of
the mine Paulsen said he could not re-
member the exact dates, but that after
IL, h. n,.fY, 7f n,-oI, 1,-l l,oJ
nothing further to do with the property.
Claims Personal Motive
The defense claims that Orchard had
n personal motive against Steuenberg be-
cause of the loss of his property when he
was driven out of the country as part
of the 1899 troubles The state claims
Orchard sold out his interest year or so
before the troubles started.
The deed by which Orchard transferred
his interest in the Hercules mine to Dan
Gardener was admitted in evidence over
the protest of the L--ense. It's bore date
of March Z, 1898.
Paulsen was cross-examined but briefly
and left the stand as the luncheon ad-
journment until 1870 was ordered.
The jury was kept out of the room
while the argument as to the admissi-
bility of ONeilTs conviction was in prog
ress. There was 81 an extended debate
on the subject of the admissibility of the
papers committing John d. Elliott, a wit
ness for the defense, to the insane asy
lum. The attorneys for the defense ar
gued that the witness had admitted he
had been committed and the papers of
commitment were immaterial. Judge
Wood said he would not pass upon the
matter until Monday morning.
After the jury had returned Mr.. Haw-
ley read the papers in the O'Neill case.
He was charged with the killing of
Daniel Falvey and upon being convicted
Of manslaughter in the second degree was
sentenced to one year and six months in
the penitentiary
To contradict the statement of big
Bill" Davis for the defense that he was
in Gem, Ida, the day of the Bunker Hill
and Sullivan mill explosion, the state put
on e. T.. Hale, master mechanic of the
Idaho Mine and Smelling company. Hale
said he was in Gem the day of the explo-
sion and that he saw only two other men
in town that day. There was only one
saloon open and he was in it. On cross
examination Hale said he was down town
only about ten minutes.
Davis also stated on he stand for the
defense that he did not go to Wardner the
day of the Bunker Hill explosion and
knew nothing about it.
Dewey Testlfies
Following Hale, the state called this
afternoon William Dewey miner in the
Vindicator mine at Cripple Creek. Dewey