The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-13

| in 1898 and 1899, and roofned a part OF
the time with Orchard. Gainey said
playing poker with Orchard on April
10. 1S99.-the day of the Bunker Hill
and Sullivan. explosion-had told him in
a conversation that he had not seen
Orchard since February, 1899.
Cross Examination.
Cross-examined by Richardson, Gain
ey said he had no present business.
When did you go out of business p
after 1 was dynamited at Victor"
1T was because you were dynamited
that you wanted to come here and tes-
tify?''
mo, SIR
you know it was Orchard who says
he blew you up?'
Yes"
But you have correspondent with Or
chard since his arrest?"
Il have written to him several times y
That's a1l.''
R. E. Grimshaw, of Deadwood, S. D.,
was introduced by the state to identity
prison record showing that in 1880,
John NJ. O'Neil. at present and for
many years, past editor of the Miners
Magazine, was in the Dakota peniten-
tiary. The defense objected on the
ground that this was not proper rebuff
tai or impeachment, the illness O'NeiPs
attention not being called to the mat
ter when he was on the stand. To al
low the citation Of authorities the wit
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
Gals who produced records showing
that the trains on which Elliott said
he and Orchard travelled did not make
the connections which Elliott had de-
scribed as part of the journey. FL
lott testified for the defense that he
Travelled from Weiser, Idaho, to Boise,
about November % or %, 1905. The
state called j. P. Stephenson, hotel
clerk of Salt Lake City. today, to testi-
fly that Orchard arrived at the Hotel
Cullen on November Is, 1905, and re-
manned there three weeks. When asked
to produce records, the witness said he
in the book on November 25. 1t was the
mans custom to pay for his room
nightly in advance.
Another Alias for Orchard.
]. H. Moser. proprietor of the Ket-
tie Block rooming house IN Denver,
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 at this time. On cross ex-
animation he said he kept no record
of guests and did not remember the
names of any other transient guests in
the summer of 1904. He was request
ed to come to Boise by a Pinkerton
detective.
Interest in the rebuttal case was ma
terially. quickened by the calling of
August Paulson of Wallace, Idaho, one
of the owners of the Hercules mine,
in which Orchard once held one
sixteenth interest. There was long
argument between counsel as to the
witness ability to tell when Orchard
ceased to exercise any control of the
mine. Paulson said he could not re-
member the exact dates. but that after
early in the spring of. 1898, Orchard
had nothing further to do with the
property his interest being succeeded
to by Dan Gardener, now wealthy
man from the production of the mine.
The defense claims that Orchard
had a personal motive against Steun-
enberg because of. the loss of this
property when he was driven out Of
the country as a result of the 1899
troubles. The state claims Orchard
sold out his interest a year or SO be-
fore the trouble.
The deed by which Orchard trans
ferred his interest in the Hercules
mine to Gardener was admitted in
evidence over the protest of the de-
Tense. 1t bore the date of March z,
1898.
Paulson was cross mined but
briefly and left the stand as the lunch
con adjournment until 1870 p. m. was
ordered.