The Birmingham age-herald., 1907-07-06
j. Wolff Explains Registered
 Package Sent Orchard
COURT ADJOURNS ID MONDAY
The Defense In Trial of Wm. Q. Hay. wood Is Reaching End of Case. Several Minor Witnesses
 Go On the Stand.

| Boise, Idaho, July 1.-The beginning of the end of the Haywood trial was reached today. Counsel for the defense announced that with the exception of three or four | witnesses their case in direct is before the jury. Charles H. Mover. the ae- cused president of the Western Fedefa- ton of Miners. will be called Monday. He will be followed by William D. Hay wood, the defendant.
 Judge Fremont Wood has asked coun- sel on both sides to submit their requests for instructions to the jury. He has mo- | tified counsel that he will agree with counsel as to what his instructions shah be- in order that the arguments may be limited to what the jury will be allowed to consider as evidence. | In adjourning court this afternoon un- til Monday morning Judge Wood said that he hoped the interval would be utilized by counsel in preparations that would prevent further delay. | It is now expected that the rebrttal evidence In behalf of the state will aom- mence Wednesday, possibly Tuesday, much depending upon on the examination | of Mover and Haywood. Jury Wants Exercise. Some uneasiness on the part of the | jurymen q result of their long con finement developed this afternoon Just before the adjournment of the court. | Juror S. r. Russell who occupied the twelfth chair, turned to the bench and asked if the Jury would be allowed to cx- ercse during the two days adjournment He complained that some members of the jury were disinclined to take walks. and that for this reason the other jur 3rs were unable to take exercise to whfaa they were accustomed and without which there was danger of sickness o. B. Ze- born, the sixth juror, addressed the judge in spite Of this statement and asked that the jury be allowed to take exercise according to inclination.
 Judge Wood and counsel for both sides agreed to arrange anything within the law for the improvement of condi- tons. The five witnesses on the stand this morning added support to those who have preceded them. They were called | to testify teoncerning conditions existing in Colorado during the dsturban-e at Colorado City and to show that there was no reason to call out the militia. Or l cndru was further ulSefeulted by owen Barnes. miner, who lived near the 1n- dependence mine, and who Orchard sad assisted him in the manufacture of oombs. Barnes said he knew Orchard Adams. Easterly and others, but flatly denied that he ever planned discussed and criminal expedition with Orchard
 J. Wolfe who swore that he was H. nancial clerk for George Pettibone for many years and closed up Pettibone's | ap1 | proved strong witness.
 Days Proceedings.
 When the Haywood trial was resumed at 10 a. m. today the defense offered IS the first witness of the day. Marion W. Moore, of McCabe, Arizona, a member of the executive board of the Western FeG- eration of Miners. As MT. Moore toeS the stand Attorney Clarence Darrow an ! nounced that another member of the exc cutiye board. Frank Schemzer was killed l in Denver night before last while board ing train to come to Boise as a wit | ness.
 | Owing to the unfortunate circumstances Mir. Darrow said the defense might nc compelled to ask for days delay little later on. when it would be necessary to secure from various other sources the tes- timony of Schmilzer.
 The witness Moore was asked as to the circumstances under which he agreed to | take letter to Alaska for Harry Ofeh- ard and mail 1t from Nome to the sec ond Mrs Orchard in Colorado Moore said he first met orchard in Denver in May, 1904
 Later Orchard came to his room and asked if he would mail letter for him for Alexandria. 1t was addressed to Ms. | Harry Orchard, and Orchard told him he wanted to get rid of that woman" The witness said he arriveG rn Nome August F, 1905, and two days later mailed the let 1 ter.
 On cross examination. Moore said ha did not inquire as to whether the woman to whom the letter was addressed was l Orchard s wife or not.
 Mrs. Mike Falon.
 Following Moore on the stand came Mrs. Mike Falon of Butte. Mont The witness was formerly Mrs Harry Waters. whose | husband was generally known as Kid Waters. a gun man. who operated in the mining regions of Colorado. Asked what "Kid" Waters did. witness replied. "A little bit of everything detective chieiy.'
 Waters died in 1905
 By whom was he employed as a de- tective?"
 By the Mine Owners association"
 Did you ever see him in company wih D. C. Scott and Lyte Gregory?"
 "Yes sir"
 1 How many guns ulu the Niu usudlly carry?"
 Three. They were of all descriptions" Do you know Harry Orchard?" | "Yes sir
 Did you ever see him at your house?'
 ''Yes sir. The first time in March. l 1904"
 Bomb Story Denied. The witness was examined but briefly. i Her present husband, she said is a miner and a member of the Western Federa- tion of Miners.
 Owen Barnes, sometimes known as "Owney." was the next witness Barnes was implicated by Orchard in the manu- factura of certain bombs. Barnes lost both his feet while mining. He had been a member of the Western Federation of | Miners for many years. In 1904 Barnes 1 lived in a cabin near the Independence | depot Orchard only came there once. | Did You have any conversation with 1