The Idaho recorder. [volume] (Salmon City, Idaho) 1886-1927, 1907-07-25

fore the explosion at the Independ.
ence depot ON June 6. 1904.
Orchard was closely cross-examined
by Breen, but no amount of ques-
tioning brought cut any material
change in the original story.
Breen was more severe in the little
magistrates court Than was the
lcross-examiner when Orchard was
the star witness for the state In the
Haywood trial, but Orchard main
tained the same calm exterior and
answered each question with quiet
positiveness. A number OF other
witnesses were examined. the case
taking up most Of the day. A mo.
tion TO dismiss will be argued tomor-
row afternoon. AlleI was released
on deposit OF q, 500 bond.
In the Haywood trial Edward Al
ward, physician OF Burke, one OF
the mining towns OF the Occur
ld'Alenes, swore that lie saw Orchard
ON the day OF the blowing up OF the
concentration at Wardner and that he
came from the train returning from
Wardner. This train was In posses
sion OF the mob that blew up the
concentration and killed two men.
Awards evidence contradicted the
witnesses for the defense, who said
they saw Orchard playing poker that
day at Mullan, several miles away.
The defense's theory was that Or
cbard was not at Wardner and had
no part IN the riot.
A. T. Holman swore In rebuttal OF
the testimony Of Thomas Wood a
witness for the defense Wood has
said that he saw Beck and McCor.
mick, the two men killed by the ex-
plosion at the Vindicator mine, In
the eighth level before the explosion
and afterward found their bodies In
the sixth level. He said that Beck
carried revolver on that day and
that he saw box OF powder ON a
water barrel In the eighth level just
before Beck and Mccormick went W
to the sixth, where the explosion oc-
Cured few minutes after. The
impression created was that the two
men carried the powder with them
and that Beck dropped his revolver
which exploded and the powder went
of. This would also account for the
finding Of the shattered parts of d
revolver near the bodies. Orchard
swore that he fred the powder with
a pistol.
Holman was superintendent OF d
neighboriDg mine and formerly super
intendent of the indicator. Ht
was one Of the first to so down the
shaft of the indicator after the ex
polsion. His evidence, given largely
from prepared chart OF the interior
Of the mine, contradicted Wood or
many polnts. L. G. Ramsey, a younl
man and relative of Mccormick
followed Holman. He was In cbarg,
OF the powder In the mine at til,
time OF the explosion. He knew
Beck and Mccormick well and swor.
that neither OF them ever carried ;
revolver; that there was no powde
In the mine at the time, SO far as III
knew and that there was no waite
barrel on the eighth level, as Woo
had stated
Sheriff Rutan, OF San Migne
county, Colo, was the last witness o
the day. He testified as to strik,
conditions. Under searching cross
examination by b. +. Richardson
Rutan admitted that union miner
were deported and driven by fore
from the county while he was sheriff
and that no attempt was made /
prevent or punish those who attacke
the union men. lie said that tn
deportations were the work OF th
leading citizens of Telluride.
The third day OF rebuttal test
mony was begun with Lawrenc
Guibbini, the San Francisco grocer
on the stand. He was recalled a
the request of the defense. He wa
asked a few additional questions a
to geographical locations In til
neighborlIood Of the Bradley apar
ment house.
A. c. Cogswell. Of Wallace, Idab'
followed Guibbini. lie was Gale
further to impeach DIR. !. L. Niece
witness for the defense, who Is un1'
arrest and who has been brought
Boise from Spokane, where be ";
taken into custody. DIR. Niece tie
titled as to certain dates by fxir
the date OF a county republican col
vention In Wallace. Mr.. Cogswel
who was permanent chairman Of II
convention, yave Different date
The attorneys for the defense move
to strike out the evidence as imm
terial, and when this motion was d
MED, declined to cross-examine.
DIR. Edward Il. Award. druggi
of Burke, Idaho, was called and te
titled that he did not see Harry O
chard about town during the tin
the mob bad gone to wsrdDer TO bic
up the Bunker Hill mill. He did 5
Orchard, however, Immediately aft
the train got back. On cross-exar