Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1907-07-16
STATE IN REBUTTAL
IN HAYWOOD CASE
SEVERAL WITNESSES APPEAR re
CONTRADICT TESTIMONY
OFFERED BY DEFENSE.
MANY OBJECTIONS BY
COUNSEL FOR LATTER
Former Partner Of Orchard Says Hs.
Sold Out Interest in Hercules
Mine in 1sea-Editor Of Miners
Magazine Once in Penitentiary.

ton, impeachment and rebuttal be-
came the order of the day when short
ly after the opening of court Satur
day counSer for the defense of VIII
liam D. Haywood on trial for the muir
der Of ex-Gov. Steunenberg, rested
their case and the state commenced
the second innings.
The rebuttal brought out flock al
witnesses whose evidence, short and
snappy, kept the court well keyed up.
J. H.. Hawley conducted the exam,
inatiop for the state and E. F. Rich.
ardson again took the lead as cross.
examiner. Hawley, vigorous and ag,
gressive; Richardson, quick, and at
times showing irritation, together pro.
vided number of interesting pas,
sages. Good humor was mingled with
grave insinuations, and short passages
between counsel promptly suppressed
by the court.
Objection after objection was poured
into the record by counsel for the de.
tense. Clarence barrow assisted
Richardson in keeping interest STIR
red to the point of excited -anticipa-
ton, and the morning session was gen.
orally lively.
Orchards Former Partner on Stand.
Nine witnesses were examined in
the first two hours, the most interest
ing being August Paulson, formerly
partner of Harry Orchard in the Her.
cules mine and now rich banker Of
Wallace, Idaho.
Paulson was one Of the owners Of
the Hercules mine, In which Orchard
once held a 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 remember the exact
dates. but that as early In the spring
Of 1898 Orchard had nothing further
to do with the property, his interest
being succeeded by Dan Gardener,
now a wealthy man from the produc.
ton of the mine.
The defense claimed that Orchard
had personal motive against Steun.
enberg because of the loss of this
property when he was driven out of
the country as a part of the 1899 trou-
bles. The state claims Orchard sold
out his interest year or SO before
the trouble started.
The deed by which Orchard trans.
ferred his interest in the Hercules
mine to. Gardener was admitted in eyi.
dence over the protest of the defense.
It bore the date of March z, 1898,
o'NeiI Once Prison Inmate.
R. E. Grimshaw, OF Deadwood, s. D.,
was introduced by the state to iden.
tify a 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 re,
butta1 or impeachment, that Witness
O'Neil's attention was not called to
/ the matter when he was on the stand.
To allow the citation of authorities the
witness was temporarily withdrawn.
In contradiction of the old soldier,
John D. Elliott, who said he heard
Orchard make threats against Gov.
Steunenberg while on a train, the state
introduced several railway officials 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 a part Of the journey. Ell.
lott testified for the defense that he
Travelled from Weiser, Idaho, to Boise
about November % or 80, 1905. The
state called j. P. Stephenson, hotel
clerk Of Salt Lake City. to testify that
Orchard arrived at the Hotel Cullen
on November 25, 1906, and remained
there three weeks. When asked to
produce records the witness said he
could only find Orchards name en-.
tered in the books on November IS.
It was the mans custom to pay for
his room nightly in advance.