The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-07-14

O'Nell is the editor of the Miners p
Magazine, and was witness for the
defense
The jury was kept ont Of the room
while the argument as TO the admissi-
hility Of O 'Neill g conviction was in
progress There was also au extended
dcbate on the subject of tho admissi
hility of the papers committing John
ID. Elliott, a witness for the defense.
TO tho insane asylum. The attorneys
for the defense argued that the witness
had admitted he had been committed
and the papers of commitment were I'M
material Judge Wood said he would
not pass upon the matter until Monday
morning.
After the Jury had returned, Mr..
Hawlcy read the papers in the O'Neill
case. He was charged with the killing
of Daniel Falvey, and upon being con
Vlcted, was sentenced TO one year and
six months in the penitentiary.
More Impeaching Testimony
To contradict the statement of "Big
Bill Davis for the defense that he was
in Gem, Ida. the day OF the Bunker
Hill and Sullivan mill explosion, the
State put on r. l.. Hale, master me
chanic of the Idaho Mine and Smelling
coH'pdug- ndle sdlu ne WIS IN pem
the day of the explosion and that he
saw only two other men in town that
day. There was only one saloon open
and he was In it. On cross-examination
Hale said he was downtown only about
ten minutes.
Davis also stated when on the stand
for the defense that be did not 90 to
Wardner the day OF the Bunker Hill
explosion and knew nothing about it.
Following Hale, the State called this
afternoon William Dewey, miner in
the Vindicator mine at Cripple Creek,
Dewey said he was in Gem, Ida, the
day the men started for Wardner. At
that time he was a member of the
Western Federation Of Miners.
He attended the meeting the morn
ing of the explosion and saw "Big
Bill - Davis there.
''What was he doing that attracted
your attentionl" asked Attorney Haw-
ley,
He was handing out guns and am
munition from the stage Of the union
hall -
'IDid you get gun9n
eyes, sir; Bill Davis gave ME one.'
odd Davis go with You and the
others to Wardner7''
eyes, sir; he did
Did he go to the Bunker Hill and
Sullivan mill?'
eyes, sir.'
"You saw him there7''
eyes, SIR
"Did you see him at Wardner after
the explosion2"
eyes, sir.
The witness said Davis was in the
rush on the mill when two men were
killed.
stumbles on Examination.
On cross examination Dewey said the
meeting at Gem was not confined to the
members of the union, but was open to
the general public. The witness could
remember the names of only two men
besides himself and "Bill' - Davis who
were at the meeting or on the train.
One fellow was named Shakespeare.
Was Bacon anywhere aroundf'
asked Attorney Richardson.
~ didn't know him. replied the
witness.
"Is Shakespeare deadg'
81 don't know
Richardson asked if there wasn't
another big fellow in Gem known as
big Bill Davis, and ofS who after,
and was elected to the Legislature.
81 know Goldensmith, but I never
heard him called Davis. He was about
six feet tall and very SLENDER
Dewey said he remained at Occur
d 'Alene several months after the Bun.
ker Hill explosion. He was never ar
rested or put in the bull pen. When
the strike was declared in Cripple Creek
he deserted the union
Dewey was closely questioned by
Richardson as to how. he came to, ap-
pear as witness. He said the fore
man Of the mine told him to go to the
Pinkerton office in Denver he did so
and was given $50. Dewey said he
was at one time town marshal of Grip
pie Creek.
Richardson returned to the trip Of
the mob to Wardner and asked Dewey
to give more names. He said he re-
membered a man named Paddy Burke,
who, he said, carried a Springfield rifle
with a bayonet on it.
Urged still further to give the names
of people in the car with him on the
return trip, Dewey hesitated a long
time, and finally said he could not re-
member any of them.
"Well, who do you think were
there9" commanded Richardson.
"Well," replied Dewey, "you get
me the payroll of the Frisco mine and
read it over and I'll tell you that I
think every one Of them was there.
"Haye you been promised anv i'm.
munity for telling what you know about
this matter?"
"No, sir.''
that day7"
t'I don't know Orchard
"What made you decide to tell what
you knew7"
EI saw Orchard g confession.''
"And after seeing the way he was
treated you thought it would be good
thing for you TO como and do like
wise7"
"No, never thought Of that
When Dewey's examination was con-
cluded court adjourned until Monday