Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-07-03
BOISE CASE DRACS ON
One Juror Is Sick, But Corr
tinues on Duty.
ARE MANY VACANT CHAIRS
Orchard Was Flush While Living in
Denver.
PETTIBONE CASHED HIS CHECK
Meyer and Haywood Reelected by
the Denver Mine Workers
Convention Yesterday.
ARE MANY VACANT CHAIRS
PETTIBoNE CAsHED HIS CHECK

nenberg murder trial today continued its
attacks on the testimony of Harry Orchard
and the methods of the Pinkerton detec-
tive agency Pat Moran, whom Orchard
testified made a trip from Cheyenne to
Denver for him to get $500 from George A
Pettibone after the Independence station
affair went to the stand and testified that
Orchards story was false, pipe dream
the witness called it.
Joseph Barnes, now a farmer, but for
merly miner and a striker at Telluride,
testified that George Riddell the Pinkerton
operative who worked up to leadership in
the Telluride union, had proposed various
crimes. including the dynamitng of mines
and the burning of the town. Barnes said
that when 1t was proposed that the strike
be settled Riddell forcefully opposed any
settlement. The witness also said he met
Orchard with Riddell at Telluride.
On the cross-examination of Francis c.
Clifford. an insurance man who formerly
officed at Petitioners store, brought out the
fact that between April and July, 1905, Or
chard often lounged around Pettibone's
store
Orchard a Lounger.
AS for several days past. there were many
vacant benches in the courtroom when the
morning session Of the Haywood trial open
ed today.
1t was announced that Juror No. 7, H. F.
Massecar, had been quite i'll during the
niuht Wood asked Mr. MaSSecar
II he felt able to proceed today. Upon re-
ceiving an affirmative reply, the court In
formed the Juror that If at any time he felt
1t necessary the trial will be interrupted
until he is In better physical condition.
The prosecution asked the court to issue
an order directing w. F. Davis. one Of the
leading witnesses for the defense, to remain
within the Jurisdiction, as he would be
wanted again. The order was issued.
Francis C. Clifford, a life insurance solic-
flor of Sterling Col, was the first witness
Of the day. clifford said he moved from
Scranton, Pa, to Denver in April, 1905.
He rented deskroom in George A. Petit
bones store in Denver holding 1t from
April until November, 1905. The witness
met Orchard under the name of Thomas
Orchard came around the store just as doz-
ems of others did. according to the witness
who described the store as one big room.
There was also an undivided cellar beneath.
Was Going to Alaska.
Orchard told me one day that he was
lit, lots ~ fn0 hail inS
ance' declared Clifford. He then turned
to Pettibone and asked him to cash check.
Pettibone looked at the check, and said he
did not have enough money. He offered
to give Orchard as much as he had. Or
chard said he would take what PettibOne
had and get the balance later.
The next time l saw Orchard he told me
he was going to Alaska. This was In June,
1905
Clifford said he never saw light In Pet
tibone's cellar at night but once-in Oc-
tober, 1905.
On cross-examination the witness said he
heard in June 1905. that Hogan real name
was Orchard. Pettibone did not tell him.
He asked Pettibone about the matter, how
ever. and the latter said he believed Ho-
gan's right name was Orchard.
AS to the check, Clifford said he did not
see who it was from or the amount of 1t.
Examining Engley.
Characterization of Eugene Engley, for
merly attorney general of the state of Col
orado under Gov. Waite. was continued
today. the state having few questions to
ask the witness The defen.e continues to
center its efforts on the conditions existing
In Colorado at the time of the Cripple
Creek strike for the purpose of showing
that there was no need for the calling out
of the militia and that the Western Fed
Grafton of Miners, which up to that time
had conducted peaceful campaign
against the mine owners, was made respon-
sible for a number of outrages by the mill
tia and the gunner employed by the
mine owners and the City Alliance.
Gen. Engley has also testified that the
Citizens Alliance was made up of the lead
ing citizens OF Cripple Creek, and that the
mine owners constituted very small part
of the community. His evidence so far
has been interesting as frank avowal of
interest in the doctrines of socialism, and
because he was employed as counsel in
number of cases for the Western Fedora
ton of Miners.
With an adjournment over the Fourth, 1t
Is not considered likely the defense will be
able TO conclude the evidence before Fri
day evening. 1t is now probable that they
Will not be in position to call Meyer to
the stand before next Saturday evening.
Meyer will be followed by atwood, who
will close the case for the defense.
In Solitary Confinement.
Thomas c. Foster of Bisbee, Ariz, testi-
fed yesterday. He said he was a bartender
but had been a miner at Butte and Cripple
Greek and was member Of the Western
Federation of Miners. Foster said he was
arrested by the militia at Cripple Creek and
taken to the "bullpen," where he was kept
eighteen days. No charge was ever made
against him.
Subsequently he heard that he was want
ed on a charge of attempting to wreck
train on the Florence and Cripple Creek
railway. Cavalry surrounded his house
and he was told that he could either leave
the country or give himself up to the au-
thorities. He surrendered TO the civil au-
thorites and remained In Jail from No
vember is 10 the following February. One
day he was taken out to an Office building
where he met 5. c. Scott. detective of the
Florence and Cripple Creek railroad and
X. &, Sterling. detective ofthe Mine Owners
Association. The two detectives told him
that man named Mckinney had confessed
to the trcinwrecking and implicated him
He was told to confess and 1t would be
made easy for him.
Il old them / had nothing to confess
50 they put me in solitary confinement for
seventeen days. l finally tried along
with Mckinney and we were both acauit-
ted said Foster
Studied Orchards Mind.
BOSTON. July BIN a newspaper inter