The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-07-18

Evidence of the State Is All In and the Defense
May Not Call Witnesses in
SurrebuttaI.
Some of the Testimony to Be Eliminated by the Court Unless
His Mind Is Changed by Argument

call mine owners or Pinkerton detec-
tives, believing this would strengthen
their case before the jury. AS a re-
suit of this decision a number of in
teresting witnesses will not be heard.
Buckley Wells, formerly adjutant gen
eral of Colorado, and recently elected
a railroad commissioner in that state,
left Boise yesterday.
He was in command of the militia
called out during the labor troubles in
1903 and 1904, and was the man who
dug up the bomb found where Orchard
said he placed it, at Judge Goddard's
gate. Captain James MCFARLAND. the
superintendent of the western division
of the Pinkerton detective agency, who
it was expected would be one of the
most picturesque witnesses. was not
called. Captain Mcfarland has had
charge of the case since the arrest of
Orchard.
Told Of Telluride.
The witnesses examined today were
from Colorado and gave vivid accounts
of the conditions existing around the
mines. o. NJ. Sackett, employed at the
Smuggler Union mine at Telluride
mine owned chiefly by Boston people
and of which Buckley Wells is the
manager, had an intimate knowledge of
conditions resulting from the struggle
between the lleInpeIS OL Ntlc w 6SNOii II
Federation of Miners and the owners
of the mines. No amount of severity
on the part of z. T. Richardson chang
ed Sackett's positive assertion that the
MOB of citizens alliance of the Grip
ple Creek district took the law into
their own hands as a last resort and
that this organization was made up OF
good citizens of the district. He justi-
fed the deportations on the ground
that they were necessary and because
the citizens had reached the conclu-
sion that men who refused to work
themselves or permit other people to
work should be sent away He admit
ted that some of the depOrted were in
nocent of Wrong-dOing, but stated pos
itiveIy that they were allowed to come
back when the injustice was discov-
cred. Sackett said of his own knoWl-
edge and on information he knew or
number of murders and outrages com
rnitted by the union miners and the
calling out of the militia and declara-
ton of martial law was necessary TO
the preservation of life and property.
Stuart's Story Told.
The last witness Of the day and the
last witness of the state was William
Stuart, a Scotchman, red bearded ana
retaining the burr of his native Ian
g1age on his tongue. He was miner
in the Cripple Creek district during the
troubles and told a horrible story OF
maItreatment at the hands of miners
who had warned him that he would
have to take the consequences if he
went to work as a ''scab.' With native
stubbornness Stuart went to work,
however, and today with native VII
he told of the consequences.
Mr.. Richardson dismissed the Wit
ness with the words: That's all.
Stuart wheeled out of the witness
chair and as he stepped down ne SAID
quietly: "Humph! Well, there's more
If We want it.
And with this the prosecution rested.
The attorneys for the defense OF the
HAYWOOD case who are representing g
W AIIer. one of the Colorado witnesses
| charged with perjury, argued today be
! fore Justice of the Peace SavidSe for a
| dismissal of the charge on the ground
! that the testimony which is alleged TO
have been false was on an immaterial
point The justice took the matter under
| Amusement.