Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1907-07-15
CLOSING SCENES
HAYWOOD TRIAL
State Puts Finish :
ing Touches on
Its Case
COUNSEL IN VERBAL DUEL
Judge Wood Renders Ruling
Favoring Defense End
This Week.

Boise, July Is. When the Haywood
trial was resumed this morning Judge
Wood announced he had decided to
sustain the objection of the defense
to the admission as evidence OF the
records of the insane asylum, showing
a commitment to that institution OF
John d. Elliott, who as a witness for
the defense testified to long CONVEX
sation he had with Orchard in NO
vember, 1905. The court said the
prosecution should have objected to
the testimony when it was introduced
If they wanted 1t stricken out.
William Dewey, a witness who
startled the court room Saturday by
confessing participation in the Occur
d'Alene riots was recalled to further
identify w. F. Davis as the man who
handed out the guns the day the mob
started for the Sullivan mill. The de-
tense took advantage Of Dewey's re-
appearance to question him further as
to his motives for testifying at this
time. Dewey denied that he owed
5000 to a union store at Grippe Creek
and said it was not because he was
denied further credit that he left the
union. He admitted he still owed the
union $25 or $50 but said he had never
been refused credit.
The state conducted further rebut-
tan evidence today in the Bradley ex-
plosion. Among the witnesses was c.
ID. Lanson of the Boise Gas Company
who declared on the stand that gas
would not ignite from any glow such
as that in lighted cigar. He said a
flame temperature was necessary be-
fore a gas. explosion.
Orchard Recalled to Stand.
Orchard was the next witness called
to the stand in rebuttal and he was
examined regarding the statement
made by some of the witnesses for
the defense. The questions of the
state were few and Orchard was
turned over to the defense for cross.
examination.
This cross examination was devoted
to an inquiry into the Orchard family
history, it now being claimed that
strong evidence has been discovered
to show strong strain of insanity on
the maternal side Orchard denied all
knowledge of his grandfather named
Patrick Mckinney. He said he had
a grandfather named Mckinney but
did not know whether he was insane
or committed suicide. He said he had
an uncle who was insane and who
hanged himself. He denied that his
uncle ever imagined he committed
any crimes. This cross examination
was based on a letter received by the
defense from B w. McKinstrey, of
Alameda, Pennsylvania. The writer
claimed to have received his inforna-
tion from Mrs. Margaret Bull of
Wooler, Ontario, who was a neignbor
Of Patrick Mckinney, grandfather of
Orchard. She said Patrick Mckinney
was an "old style country gentleman
but he became insane and raved of
crimes he had committed in Ireland,
and as result his family kept him
chained for years"
Gregory Worked for Federation.
r. M. Sabin, an attorney of Idaho
Springs, Colorado, was the last wit.
ness of the morning. He testified
that Detective Gregory had been EN-.
ployed to get evidence in case of
conspiracy growing out of an attack
on the Sun and Moon Mine. The de-
fense has claimed that Gregory had
nothing to do with anything in which
the Western Federation was inter-
ested. Richardson and Sabin were
engaged in the trial of cases which
grew out of the Sun and Moon explo-
sion in Colorado in 1903 and today
engaged in an interesting verbal duel
whether the men arrested for the
crime and acquitted, were really guilty
or not. Richardson drew out the fact
that at time time Of the explosion in
the Sabin mine that eighty other mem
bers of the Citizens Alliance were
placed under bonds to keep the peace.
The witness denied that this was the
reason the federation men had been
prosecuted.
A recess taken before the cross
examination was concluded.
Arrested on Perjury Charge.
Spokane, Wash, July 15.-Dr. l. L.
McGee, against whom charge Of per-
jury in the Haywood case at Boise
was made, was arrested yesterday
and will be taken to Boise today. He
waived extradition.