The San Francisco call., 1907-06-30

men who were in the game, Colonel
Moore and Forest Clark, as well az
Flynn and himself
When the game story was ended
+ Borah began to ask about the men
who went to Wardner that day. Nc
Hale had seen some of them coming
1 back
Harry Orchard wasn't among them,
was he?" asked Borah.
No" replied McHale, surprised by
the question when he had just been
telling about the poker game.
You're sure about that?"
Certainly"
/ He had good alibi, didn't he" sug-
4 gested Borah.
Il object" cut in Darrow. The wit
/ ness is not a lawyer"
But he knows what an alibi is." re-
torted Borah. "They all do up there"
Well, you know Orchard didn't have
anything to do with the blowing up OF
the Bunker Hill and Sullivan mill, don't
your" BOrah went on to McHaie.
Yes. do"
And he had nothing to fear because
OF that crime?"
/ No, he wasn't in IT."
He wasn't even around Wardner
4 that day2'
no, indeed. he was at Mullan."
AtiA ne IldQ no Etuctlf 70 ECt ava
No. they couldn't do anything to
/ him. replied McHale easily, utterly un-
suspicious of what was coming next
DEFENSE CAUGHT MAPPING
Then why was it necessary for him
/ TO sacrifice his interest in the Hercules
mine and skip the country" asked
Borah
/ McHaIe and Darrow and the whole
defense were unprepared for this sud
den shift on Borah's part. It was an
application OF their alibi proof to de-
/ feat their contention as to Orchards
personal motive against Steunenberg
that they had never thought of.
McHale 6oundered feebly and as
sented after a little while to Borah' s
proposition. Orchard. being entirely
innocent. had no reason for flight.
Darrow came to the rescue as effec-
tivcly as he could.
They arrested all the union men,
didn't they" he asked.
"Oh. yes replied McHale. much re-
ueved.
And Orchard was a union mann"
He was. yes They arrested every
body in Mullan."
McHale was sufficiently rested to do
some thinking on his own account. But
Borsh came back at him in a fash.
Were you arrested"
NO.
Was Flynn arrested?"
No"
Colonel MooreT"
So with every man that McHale had
named in his previous testimony
Then they didn't arrest everybody"
No" said McHale. groggily.. They
took everybody but saloon keepers and
bar tenders"
Frank Hough, an ex-union paper
/ Bn nj +n11 4 Of
meeting Orchard in 1905 and splaying
] cards with him. That was when
Orchard made the threat on which
Richardson based his impeaching ques-
tion involving Hough. Orchard also
said then, as Hough told it today, that
he had just come from Alaska.
On cross examination Hough told
Senator Borah that he was at Gem on
the day of the Wardner riot and eX-
plosion and saw the train going. There
were about 2e0 men on 1t, he said, but
he did not recognize any of them, al
I though he saw no one masked. Nor
did he see any arms. This was the
same train that big BilP' Davis saw at
the same time, with 800 masked men
on it and no one without a mask.
Theron Stevens, the Telluride Judge
whose writ sherman Bell and Bulkeiey
Wells refused to obey when martial
law was in force there. told of his
difficulties with the militia and the
disregard for the process of his court.
He assured both Darrow and Borah
that everything was perfectly quiet in
Telluride at that time and that there
were no violations Of law. He did re-
member, however, that there had been
a riot at the Smuggler-U mine, of
which Wells was manager, when two
men were killed. and he did recall that
Arthur Collins, whom Wells succeeded
as manager. had been murdered by be-
ing shot through the window as he
was sitting at a table with some
guests.