The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1907-07-15
DEFENSE RESTS CASE
State Commences Its Second In.
nings in Haywood Trial.
MANY WITNESSES TESTIFY
Questioned Briefly for Purpose of Con-
tradicting Evidence introduced by
Defense-.session EnIvened by Nu.
merous Objections of Counsel.

Oe'enSe-SesSlon EniiVeneo py Nu'
merous Objections of Counsel.
Boise, Ida, July 15.-Contradiction
Impeachment and rebuttal became
after the opening of court counsel for
the defense of William d. Haywood
rested their case and the state com
menced the second innings.
The rebuttal brought out flock of
witnesses whose evidence, short and
snapry, kept the courtroom well
keyed up. ]. H. Hawley conducted
the examination for the state and Z
T. Richardson again took the lead as
cross-eXaminer Hawley, vigorous and
aggressive; Richardson, quick and at
times showing irritation, together pro-
vided a number of interesting pas.
sages. Good humOr was mingled with
grave inSinuations and short passages
between counsel promptly suppressed
by the court.
Objection after objection was poured
fense. Clarence Darrow assisted Rich
ardsOn in keeping interest stirred to
the point of excited anticipation and
the morning session was generally
lively
Defense Causes Surprise.
With the opening of court Attorney
Richardson sprung a decided sensation
by announcing that the defense rest.
cd. 1t had been understood that sew
eral more witnesses would be put on
the stand, but apparently the defense
had changed its plans over night. The
state at once opened it's case in re
buttal, John C. Rice being recalled to
the stand He testified that in No
vember, 1905, Orchard did not wear a
moustache. This was in contradiction
of one OF the witnesses for the de-
fense, who swore he heard Orchard
make threats against Steunenberg,
describing Orchard as a man with a
large moustache.
The next witness was Dan Gainey
of Walla Walla. Gainey lost both his
feet in the Independence depot explo-
sion. He lived in the Occur d'Alenes
in 1898 and 1899 and roomed part of
the time with Orchard. Gainey said
that Dominick Flynn, who testified he
was playing poker with Orchard on
April 10, 1899, the day of the Bunker
Hill explosion, had told him in a con-
versation that he had not seen Or
chard since February, 1899.
r. L. Grimshaw of Deadwood, s. D.,
was introduced by the state to iden-
tify a prison record showing that in
1880 John Nj. O'Neill, at present and
for many years past editor Of the Min
ers' Magazine, was in the Dakota pen
itentiary. The defense objected on
the ground that this was not proper
rebuttal or Impeachment; that Wit
ness O'Neill's attention not being
called to the matter when he was on
the stand. To allow the citation of
lily withdrawn.
Railroad Men Testify.
In contradiction of the old soldier,
John D. Elliott, who said he heard
Orchard make threats against Gov
ernOr Steunenberg while on a train,
the state introduced several railway
officials who produced records show
ing that the trains on which Elliott
said he and Orchard travelled did not
make the connections which Elliott
had described as a part of the jour
ney Elliott testified for the defense
that he travelled from Weiser, Ida, to
Boise about Nov. 2S or 20, 1905. The
state called J. P. Stephenson, a hotel
clerk Of Salt Lake City, to testify
that Orchard arrived at the Hotel Cul
len on Nov. 25, 1905, and remained
there three weeks. When asked to
produce records the witness said he
could only find Orchards name en-
tered in the books on Nov. 25. 1t was
the mans custom TO pay for his room
nightly in advance.
J. H. Moser, proprietor of the Kettle
Block roominghouse in Denver, testi-
fed that Harry Orchard, under the
name Of Dempsey. stopped with him
for two weeks late in July or August
of 1904 Dr. McGee, a witness for the
defense, testified several weeks ago
that he saw Orchard In the Occur
d'Alenes at this time.
Summoned by a Pinkerton.
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 Pinkerton detective.
Interest in the rebuttal case was
materially quickened by the calling of
August Paulson of Wallace, Ida, one
Of the owners Of the Hercules mine,
in which Orchard once held one
sixteenth interest There was long
argument between counsel as to the
witness ability to tell when Orchard
ceased to exercise any control OF the
mine. Paulson said he could not re-
member the exact dates, but that as
early as the. spring. Of 1898 Orchard