The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-21

membership of the executive board in
different years. the object being to show
that Jack" Simpkins, implicated by Or
chard in the first attempt upon Governor
Steunenberg, was member of the board
in 1904 1905 and 1906 Kirwan said this
was true. He said the president and sec
retary-treasurer are ex-officlo mempers
of the board Money from the treasury
of the organization is paid out on order
of the president and secretary-treasurer.
This was all that was desired of Mr..
Kirwan and he was released without
cross-eXamination.
Alleged Remark of Haywood.
E. NJ Stuart, a machinist of Baker City,
Ore. formerly chief engineer OF the Trade
Dollar mine at Silver City, was called to
testify as to a conversation he had with
Haywood in 1899. The defense objected to
this testimony on the ground that any
criticism of Steunenberg during the Occur
d Alenes troubles could not have any
thing TO do with fixing the responsibility
for his death. 1t was also argued that
in 1899 Haywood was but working mi
ner holding no office whatever in the
Western Federation of Miners. Judge
Wood allowed the testimony.
Mr.. Haywood said Governor Steunen-
berg was a tyrant and monster and ought
to be killed. believe exteTninated was
the word he used. said the witness
Haywood a Model Citizen.
Cross-examined by Richardson. Stuart
said that criticism of Governor Steunen-
berg was common among the miners at
Silver City because 1000 miners were in
the ''bull pen" at the time and were held
without trial. Asked how it was he re-
membered what Haywood had said, Stuart
replied: 4 had always looked on Mr.
Haywood as a model citizen and was sur
prised to hear him say what he did"
Haywood made several such utterances
thereafter, but so far as his conduct was
concerned he remained a model citizen.
present when Haywood made the state
ment regarding Steunenberg. He could
not recall any of their names. He did
not remember the names of any of the
men working In the mine at that time
The next witness was w. V. Mozart
ney, who in 1894 was cashier of the Postal
Telegraph company at Denver. He was
handed and identified an application filed
with him for the transfer of a sum of
money. The Identification of the men to
whom the money was sent was waived
by the sender. The papers indicated that
the money was paid.
The papers were then offered in evil
denCe. The first proved to be an appli-
cation made by J. W. Wolff of 1125 Stout
street, Denver, to have the company pay
$3.50 to ID. Green. care Peter l.. Hull
| 211 Taylor street. San Francisco"
y. Wolff is alleged to have been the
name taken by George A Petttbone ana
lI25 Stout street was the address OF Pet
tibOne's store. Orchard testified on tbs
stand he had received this money from
Pettibone who had told him Harry
Green was a good enough name for any
one. The date of the money transfer was
September TO- the time Orchard was IN
San Francisco engaged in operations
against Fred Bradley.
The second paper showed the transfer
on October Is, 1904. of S4S to II. Green
In San Francisco from Up. Bone" Dem
yer Orchard testified that the name Pat
Bone" was often used by Pettibone.
The defense did not crOss-eXamlne Nc
Cartney, but moved unsuccessfuily to
have all of his testimony stricken out as
not tending in any way to connect the
defendant Haywood with the killing of
Ex-Governor Steunenberg.
States Case Nearly All In.
Senator Borah said this ended the
states case with the exception of some
records from the Denver office of the
Western Union Telegraph company which
are expected tomorrow. IL they arrive
the state will close by tomorrow noon,
Tie senator then as the last bit of
work of the day read the decision denying
Meyer The defense insisted that dis
senting opinion of the court should also
be read. Judge Wood granted the attor-
news for the defense permission to read
the opinion, but said Senator Baroh would
not be required to do the task. 1t was
finally agreed to LEI the reading go over
until tomorrow morning at $3.50 O. clock, to
which time court adjourned
Will Move Dismissal.
Attorney barrow stated that after the
close of the states case the defense
would have an important matter to pre-
sent to the court before proceeding with
the opening statement as to the line of
the defense. This viii be the notification
that the defense will move the court to
instruct the jury to render a verdict of
not guilty on the ground that the state
has not sufficiently connected Haywood
with the death of Ex-Governor Steunen-
berg. If this motion is denied the defense
will ask for an adjournment until Mon
day when Mr. DarroW will make the
opening statement
EXACT DALE Fixed.