Los Angeles herald., 1907-07-04
MORE WITNESSES
SWEAR ORCHARO'S
STORY IS FALSE
Defense Continues Its
Attack
Prosecution VIII Ask That Portions OF
Testimony Be Ruled Out--oppo.
nents May Also Enter
objection
BY Associated Press.

| By Associated Press.
| BOISE, Idaho, July 3.-At the ad-
| journment of the Steunenberg trial to-
day the prosecution served notice of
| it's intention to submit a series of mo-
tions to strike out evidence of the
defense unless the connecting up tes-
timony that has been promised is forth
coming.
Clarence Darrow for the defense had
previously announced that his side
might be able to rest by Saturday
evening, although it might be necessary
to let the calling of Haywood and
Meyer go over until Monday, and fol-
lowing an informal conference with
counsel Judge Wood directed the pros
ecution to be ready on Monday with
it's case in rebuttal.
James H. Hawley, senior counsel Tor
the state, said in reply that 1t was the
intention of himself and his associates
| to present series of motions dealing
with the evidence presented by the
defense. Messrs. Darrow and Richard
son were on their feet instantly to say
together that the defense also would
have some motions to make, so that
at the end of this week or the early
part of next the taking of testimony
will probably be interrupted for an ex-
| tended argument on the adnissibility
of a mass of evidence already in the
| record.
Attack Orchard
The defense operated today along
nearly all of it's lines. There were at
| tacks on Orchards testimony at sew
| eral points, there was a showing that
union miners had been abused by the
| mine owners and militia at Cripple
4 TrNaIl yxync show
| ing that Pinkerton agents had advised
violence and endeavored to prolong a
strike; a woman who served with the
relief committee that looked after the
families of the deported miners at
| Cripple Creek swore that she had been
twice arrested and twice warned tnat
| if she persisted In her work she Woulo
be deported and another woman Located
orchard with Detectives Scott and
Sterling the night of the second at
| tempt to wreck the Florence & Grippe
| Creek railway train.
| Two of the witnesses were men who
figured conspicuously in the testimony
| of Orchard They were David coates,
| former lieutenant governor of Colorado,
and Pat Moran, formerly saloonkeeper
of Cheyenne.
Denies His Story
Coates positively denied Orchards
version of the plot to kidnap the chill
dren of August Paulson and Moran
denied that he made trip from Chey-
i enne to Denver after the Independence
/ station was blown up for the purpose
4 of getting $500 from George A. Petit
/ bone for Orchard-s
AS for days past, there were many
vacant benches in the court room when
the morning session of the Haywood
| trial opened today. The prosecution
| asked the court to issue an order di-
recting 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, life insurance
solicitor of Sterling, Colorado, was the
first witness of the day. Clifford said
he moved from Scranton, Pa, to Dem
yer in April, 1905. He rented desk
room in George A. Pettibone's store in
II Denver. holding it from April until No
vember, 1905. The witness met orchard
Eunder the name of Thomas Hogan, Pet
tibone making the introduction. Or
! chard came around the store just as
| dozens of others did, according to the
witness, who described the store as one
big room. There was also an individual
cellar beneath.
i orchard told me one day that he was
making lots of money selling hail in
surance," declared Clifford. He then
| turned to Mr.. 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. Orchard
said he would take what Pettibone had
| and get the balance later.
1.-The next time 1 saw Orchard he told
me he was going to Alaska. This was
in June, 1905"
Clifford said he never saw a light in
Pettibone's cellar at night but once-in
October, 1905.
Learned Real Name
| On cross-examination the witness said
he heard in June, 1905, that Hogan's
real name was Orchard. Pettibone did
not tell him. He asked Pettibone about
| the matter, however, and the latter said
| he believed Hogan's name was Orchard.
AS to the check, Clifford said he did
not see who it was from or the amount
of It.
| Joseph C. Barnes, living near Mont
rose Colo, was the next witness. He
| said he and George w. Riddell, Pinker-
ton operative No. SO, were chums and
fellow members of the union at Tellu~
ride. Barnes declared that Riddell was
constantly suggesting violence. He pro-
posed to roll two kegs of dynamite down
| a hill into the Liberty Bell mine; he
advised the miners to punch" any of
the deputies or dad men" who looked
cross; told them to burn the town of
Telluride, to beat up any man who
started to work and run him out of
| town.
Barnes created laughter by his ready
and lengthy replies. After being de-
ported from Telluride, Barnes told of
going back to the town in barrel. The
militia, discovered him, but he escaped
! by climbing a tree. He saw Orchard
and Riddell together once in Telluride.
Cross-examined by Senator Borah,
Barnes said he had never engaged in
any criminal act with Riddell.
did you ever contemplate crime?"
"Yes, sir. When 1 started back to
any man who stopped me-"
Did you?''
mo- sir; the militia got me-"