The news-democrat. (Providence, R.I.) 1906-1909, 1907-07-13
DEFENSE IS NOW
RESTING IN THE
HAYWOOD TRIAL

Boise. idaho. July i3.-with the opening
torney Richardson sprung a sensation by
announcing that the defense rested. At
adjournment yesterday Mr.. Darrow had
announced that powder expert would
testify today in regard to the Bradley ex-
plosion in San Francisco. The change of
plans took the state by surprise and there
was some delay in beginning the case IN
rebuttal
I'VE did not expect this" declared Mr..
Hawley leading counsel for the state.
''and our witnesses were not notified TO
be here so early"
The witnesses began 10 straggle in,
however. and soon John G. Rice was re-
called TO the stand. He testified that In
November, 1905, Orchard did not wear a
mustache. This contradicted a witness
for the defense. who swore he heard Orch
ard threaten Steunenberg describing
Orchard as a man with a large mustache.
The next witness was Dan Gainey OF
WRla Walla, who lost both feet in the
Independence depot explosion. lie lived
In the Couer D'Alenes i'm 1898 and 1899 and
roomed part OF the time with Orchard
Gainey said that Dominick Flynn, who
testified he was playing poker with
Bunker Hill and Sullivan explosion-had
told him I'm a conversation that he had not
seen Orchard since February. 1899.
Cross-examined by Richardson, he said
he had no present business.
when did you go out of business?"
after / was dynamited at Victor"
you knew II was Orchard who says he
blew you up?"
Yes"
But you have corresponded with Orch
ard since his arrest?"
II have written to him several times"
That's ALL"
r. r.. Grimshaw OF Deadwood. s. D..
was introduced by the state to identify
"a prison record showing that i'm 1890 John
NJ O'Neill. at present and for many years
past editor OF the Miners Magazine. was
In the Dakota penitentiary The defense
objected that this was not proper rebuttal.
To all of the citation OF authorities, the
witness was temporarily withdrawn.
In contradiction of the old soldier, John
ID. Elliott, who said he heard Orchard
make threats against Gov Steunenberg
while on a train. the state introduced sew
eral railway officials who produced rec
ords showing that the trains on which FL
lott said he and Orcahrd travelled d "a
not make the connections which Elli~s
had described Elliott testified that he
| Travelled from Weiser. Idaho. to Boise.
ABOUT NOV y or -, 1900. The state called
| j. +. Stephenson, a hotel clerk OF Salt
Lake city. today to testify that Orchard
arrived at the Hotel Cullen on Nov. 25,
1905, and remained there three weeks.
| When asked to produce records the wit
ness said he could only find Orchard =
| name entered I'm the books on Nov. %. II
was the mans custom to pay for his
room nightly in advance.
| J. III. Moser, proprietor of the Kett-
| block rooming house i'm Denver, testified
! that Harry Orchard, under the name of
Dempsey. stopped with him for two weeks
late in July or August of 1904. DIR. Nc
Gee, witness for the defense, had tes-
| titled that he saw Orchard In the Couer
| D'Alenes at this time.
| On cross examination he said he kept no
record of guests and did not remember
the names of any other transient guests
| in the summer OF 1904. He was requested
TO come to Boise by a Pinkerton detec-
| tive.