The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-16
RebuttaI Evidence Covers
Large Amount Of Territory
At the Morning Session OF the
Haywood Hearing.
UBIQUITOUS ORCHARD
Witnesses Have Sworn to Seeing
the Assassin
At Widely Separated Points on
the Same Day.

Boise, Idaho, July 16.-RebuttaI eNl-
dence in the Haywood trial this morn
ing covered a wide range. 1t started IN
California, returned to Idaho and I'M
ished the session in Colorado -Four
witnesses supported the general attack
now being made by the prosecution on
the evidence by which the defense
hoped to prove perjury against Harry
Orchard. After Lawrence Guibbini had
sustained Orchard as to the condition
of the Bradley residence in 1904. the
scene changed to the Coeur D'Alenes
and a physician of Burke swore to see
ing Orchard in Burke on the day OF
the Bunker Hill and Sullivan mine ex-
plosion. Witnesses for the defense have
sworn to playing poker with Orchard
al the same time in Gem, many miles
away over the mountains.
A. T. Holman, a mine superintendent
in Colorado, now manager of the Golden
Cycle mine and formerly superintend-
ent of the Vindicator mine, was called
to contradict statements made by the
witness, Wood, who described the con-
dition of the sixth level in the Nindfca-
tor mine Immediately after the explo-
sion. Holman was extremely circunI-
stantial and careful in his descriptions,
using a chart which was placed on an
easel for his convenience Mr.. Holman
also told of labor conditions and OF az
tacks by union men upon 'scabs." In
his REORGANIZATION E. F. Richardson
went closely into the situation in Col
orado during the labor troubles Hol-
man strongly supported the contention
that conditions were such as to demand
the presence of the military.
DR.. I. l. MCGEE, the witness for the
defense who is charged with perjury,
arrived in Boise this morning. He read
lily gave bonds in the sum OF $5,OOO.
c. F. Aller, the other defense witness
who was arrested yesterday was given
N1,se- inc a
was represented by Peter Breen of
Butte. one of the attorneys for the de-
fense-
Begins With GuibbinI.
The third day of the states case in
--ebuttal ives bagun with lawrence
Guibbini, the San Francisco grocer,
again on the stand. He was recalled
at the request of the defense. He was
asked few additional questions as to
geographical locations in the neigh
borhood of the Bradley apartment
house.
~ C. Cogsweu of Wallace, Idaho,
followed Guibbini. He was called
further to impeach DR.. /. L. MCGEE, a
witness for the defense who is under
arrest and who has been brought to
Boise from Spokane, where he was
taken into custody. DR. MCGEE testi-
fed as to certain dates by fixing the
date of a county Republican conven-
tion in Wallace. Mr.. COgswel. who
was permanent chairman of the con-
vention, gave different dates. The at
tOraeys for the defense moved to
strike out the evidence as immaterial
and when this motion was denied they
declined to croSs-eXamire-
While COgswell was on the stand,
the state offered in evidence a copy of
the Idaho Tribune, published at Wal
lace, and identified as the official or
gan of the local unions of the Western
Federation of Miners at that time. The
paper contained a three column ac-
count of the blowing up of the Bunker
Hill and Sullivan mill, which the state
desired to place before the jury in an
swer to Attorney Darrow's opening
statement that the defense would
show that the crowd which alta cked
the mill was an unorganized mob. In
the argument which arose over the
admissibility of the newspa per, At
torneys Hawley, for the state and
Richardson, for the defense, had a
sharp clash and perSo nalities were in
dulged iH for the first time since the
trial started.
Taken Under Advisement.
Judge Wood took the matter under
advisement, indicating that he probably
would not admit the paper in view of
the fact that the defense had introduced
no evidence in support of the opening
statement by counsel for the defense.
Mr.. Edward r. Award, a druggist of
Burke, Idaho, was called and testified
that he did not see Harry Orchard about
II
TO Wardner to blow up the Bunker Hill
mill He did see Orchard, however, i'm
mediately after the train got back.
On cross examination Award said he
had no personal grudge against the fed
Grafton although he had a member of 1t
arrested for ordering him out of the
country. He denied that he had ever
had any trouble on account of insanity
or that his wife had sued for divorce on
that ground. He was not living with his
family, however.
A. T. Holman, a mine operator of Grip
pie Creek. next took the stand. At the
time of the strike Mr.. Holman was in
charge of the Golden Cycle mine. Prior
to 1903 he was in the Vindicator mine.
The witness told of some personal ex-
periences with the strike committee and
then went into a description of the Vim
dicator mine explosion. Mr.. Holman
reached the sixth level where Nc
Cormick and Beck were killed within 20
minutes after the explosion
A plot or diagram of the level in the
mine was introduced in evidence and
described to the jury in detail
Mr.. Holman's direct testimony was
largely of technical character and
was intended to rebut the testimony of
the witness. Wood, a miner who testi-
fed for the defense, as to his own exper-
fences in the explosion
Holman Cross Examined.
On cross examination Holman said he
had taken an active part in the strike
and had been member of the Mine Own
ers' associat ation from the first The wit
ness had told of the beating up of an old
man named Stewart who had worked on
the company's property after the strike
was declared
Now isn't it a fact" asked Attorney