Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-07-17

WHO was the head Of the union at Tellu-
ride at that time?" asked Mr.. Hawley
Vincent st. john
Witness Told Of Negotiations.
The witness next told Of negotiating with
ST. John to have the firing stopped and
reaching an agreement with him.
The defense objected to several Of Mr..
Hawley's questions, and Judge Wood sus-
tained them.
Il will say" said Judge Wood slgnifl-
cantly, that the court regards as very
dountfui the materiaiity Of the testimony
the state is trying to rebuff
Nj Mr.. Hawley said he thought that as the
defense had been allowed to go into the
matter OF deportations. etc, from Cripple
Creek and Telluride, the state should be
allowed to make showing on rebuttaI
The court will not allow you to 90 into
details. said Judge Wood.
In that case" replied Mr.. Hawley II
VIII assume what the courts instructions
will be as to this testimony"
we VIII see as to that when we come
to 1t" chimed in Darrow.
Agreement Admitted as Evidence.
The witness was allowed to state that
as a result Of the negotiations he had
with st. John. an agreement with Ed
gar A. Collins. assistant manager of the
mine, and st. John of the union, was
drawn up and signed. The agreement.
when offered in evidence, was objected to
by the defense. Judge Wood, after con-
sidering the matter for some little time,
decided to admit the paper and it proved
probably one Of the most Interesting and
important exhibits Of the trial 1t was
dated July 3. 1901. and in it the miners
union agreed to refrain from violence"
Tor three days. The aSxeement was in
part as follows:
to
union, by V. st. John, president. and the
Smuggler Union Ms. Company, by Edgar
"A. Collins. assistant manager that all work
on said mine shall cease for a period of
three days: ending Friday. and that said
miners union will refrain from violence as
10 the person and property for the same
period The said Smuggler Union mine may
employ four guards during the period"
The witness then told Of the killing Of
Arthur Collins, superintendent of the mine:
the disappearance of several miners in the
district and various disorders. He said the
men were afraid to work: that many of
these were shot at on their way to the
mines.
Yesterdays Summary.
In the last stages Of the case against
William D. Haywood. the prosecution put
six witnesses on the stand yesterday to re-
but the evidence of the defense Three tes-
titled to conditions in Couer d'Alene in 1899
and three to the situation In Colorado dur
Ing the strike period Of 1903 and 1904 The
Important witnesses of the day were called
to contradict the showing made by wit
nesses for the defense that there was no
reason for the calling out Of the militia Of
Colorado other than desire on the part of
the mine owners to drive members of the
Western Federation of Miners from the
mining district. One witness fatty contra
dicted the evidence introduced by the de-
Tense to show that the explosion at the
Vindicator mine was due to an accident
While the big trial was going on in the
district court before Judge Fremont Wood,
an interesting offshoot of the case was
being heard in the small room used as a
court by Justice of the Peace Savage
Z. w. Aller. the depot agent. charged with
perjury, was brought before the magistrate
ror a preliminary hearing The state was
represented by Prosecuting Attorney
koelsch and the prisoner by Peter Breen,
an attorney of Butte. who has been asso-
ciated with Haywood's counsel. having
been retained by the miners union OF
Butte. Mont, to watch the case.
Fred Miller, who was Orchards counsel
at his preliminary hearing in Caldwell i'm
mediately after the murder of Steunen-
berg. assisted Mr.. Breen.
Hearing in Perjury Case.
The principal witness in the perjury
hearing was Orchard himself The pris-
oner was brought in from the penitentiary
in charge Of Warden Whitney and a peni-
tentiary guard.
No more than half dozen people out
side OF the principals in the case and the
other witnesses were present when Orchard
went over his testimony as to his connec-
ton with D. C.. Scott. the railroad agent
who Aller swore. interviewed Orchard in
Cripple Creek two or three weeks before
the explosion at the Independence depot on
June 8, 1904. Orchard was closely cross
examined by Breen. but no amount of cues
tioning brought out any material change In
the original story. Breen was more severe
In 70 little magistrates court than was
the ocoss-examiner WHEN Orchard was the
star witness for the state in the HAYWOOD
trial. but Orchard maintained the same
calm exterior and answered each .ouestion
with quiet positiveness. A number of other
witnesses were examined, the case taking
up most Of the day. A motion to dismiss
will be argued this afternoon Aller was
released on deposit of 81 800 bond.