Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-07-17
Hearing Of Aller Perjury Case
Divides Interest at
Haywood d Trial ia
Witness for Defense Is Bound
Over and Released
on Bonds
In the Main Tent State Makes
Liars Out Of DefenSe's
Witnesses

Boise, Idaho, July 16---In the last
stages Of the case against William D.
Haywood, the prosecution put six
witnesses on the stand today to re-
but the evidence of the defense.
Three testified to conditions in
Ceour d 'Alene in 1899 and three to
the situation. in Colorado during the
strike period Of 1903 and 1904.
The important witnesses of the
day were those to contradict the
showing made by witnesses for de-
tense that there was reason for call
ing out the militia Of Colorado 9th
er than a desire, on the part Of the
mine owners to drive members of
the Western Federation Of Miners
from the mining district. 81
One witness fatty contradicted the
evidence introduced by. the defense
to show that the explosion at the
vindicator mine was due to an acct
dent. u r. IA III. Es
While the trial was going on in
the district court before Judge Wood,
an interesting offshoot Of the case
was being held in a small room used
as court by Justice Of the Peace
Savage. G. w. Aller, depot agent,
who was arrested charged with per-
Jury, was brought before the magis-
trate for a preliminary hearing. The
state was represented by Prosecuting
Attorney Koelsch and the prisoner
by Peter Breen, an attorney Of Butte,
who has been associated with Hay
woods counsel. Fred Miller, who
was Orchards counsel at his prelim-
mary hearing at Caldwell. immedi-
ately after the murder at Caldwell,
assisted Mr.. Breen. s.. ...5 s
The principal witnes, = the per-
Jury hearing was Orchard himself.
The prisoner was brought in from
the penitentiary in charge of War
den White and a penitentiary guard
No more than half dozen persons
outside Of the principals in the case
and other witnesses were present
when Orchard went over his testi-
mony in connection with d. G. Scott,
railroad agent, who Allen swore in
5terviewed Orchard in Cripple Creek
two or three weeks before the exp1o-
sion at the independence depot, June
IS, 1904. "A .# III ...s 5.5 u
Orchard was closely cross examin-
ed by Breen but no amount Of quest
ioning brought out any material
more than Breen orr inally knew.
A number of other witnesses were
examined, the case taking up most
of the day. "A motion to dismiss will
be argued tomorrow afternoon. Aller
was released on a $500 bond I
In the Haywood trial, Edward AL.
ward, q physician of Bnrk, one of the
mining towns. Of the Occur d Alene,
swore that ne saw Orchard on the
! day Of the blowing up Of the con-
centrator at Wardner and that he
came from the train returning from
Wardner, This train was In posses
sion Of the mob that blew up the con
contractor and killed two. Awards
evidence contradicted witnesses for
the defense VINO said they saw Or.
cnard playing poker on that day at
Mullen, several miles away. 40
claim Of the defense Is that Orchard
was not at Wardner and had no part
in the riot.
Holman swore In rebuttal
of the testimony of Thomas Wood,
the witness for the defense Wood
had said that he saw Beck and Nc
Go mick, the two men killed by the
explosion at the yindicator mine
In the eighth level before the explo-
sion and afterwards found their
bodies Ii the sixth level. lie said
that Beck carried a revolver ON that
day and that he saw box OF pow
der on the water barrel iii the eigh.
a leFel lust before Beck and McCor-