The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1907-07-09
JUDGES RULING
Anglers COUNSEL
IN BOISE TRIAL
Portions of Dispositions
Not Admitted by
Him.
Reading of Testimony
Likely to Take Up
Rest of Day.

BOISE, Idaho, July 9.-1he reading OF
the balance Of the San Francisco depo-
sitions in the Haywood trial will likely
consume the greatest part OF today's
session.
Judge Fremont Wood. in ruling on
portion Of the dispositions which con-
tanned copies of anldavits by Detective
Mcfarland ana Governor Gooding, and
which contradioted statements made by
Orchard. caused Indignation among the
supporters Of the defense.
The popular opinion Is that the affi-
davits have a direct bearing on the in.
tegrity Of the States principal witnesses
and should have been admitted.
Jurors Sit Yawning.
The reading Of about 400 pages Of de-
positions concerning an explosion that
Orchard testified he had caused emptied
the court room OF spectators at the Hay
wood murder trial today and set the
jurors yawning.
Orchard had sworn that w. d. Hay
wood and his associate leaders of the
Western Federation Of Miners sent him
to San Francisco to kill Frederick w
Bradley, One-tIme mine manager. Brad
ley lived in the Linforth flats. Orchard
said he first poisoned the milk left for
the Bradleys, but a servant discovered
that the milk had been tempered with
ana this plan failed. He then planted a
bomb containing ten pounds OF dyna-
mite at the street door, and when Brad
ley was passing out II exploded.
Sues Gas Company.
Linforth. owner Of the apartments,
sued the gas company for damages.
contending that the explosion was
caused by gas. The defense has been
taking dispositions tending to establish
the gas explosion theory. and tho prose
cution has added cross-examinations TO
the dispositions.
One of the few persons who displayed
an interest in the deposition was Hay
wood himself. For the first time since
the trial began he sat without the COM
p9ny OF his wife and mother. He took
notes as Clarence Darrow, for the de-
Tense, and Borah, for the state, read The
direct and cross examinations The
temperature was around 100. and the
only refreshing incident OF the day was
the watering of the jury every hour.
About half the dispositions were read.
Gas Complained Of.
Bradley deposed that he never be-
lisved that anyone sought his life.
Odors of gas had been complained Of in
the Linforth fats for several days pre-
vious 20 the explosion. He started out
that morning at 7;4O o'clock with a
lighted cigar. When he reached the
vestibule he observed a fash Of light
from the end Of his cigar, followed IN
stantiy by an explosion that hurled MIN
out OF the front door ana wrecked the
front OF the building.
Il am an expert on the effect of dy-
Mantle and giant powder, said he, ano
i did not detect the odor or fumes OF
giant powder. Originally there was No
doubt in my mind that IL was gas
When I was thrown down | felt sur
locating sensation and detected the odOl
of gas Since l read this man Orchard
story l might qualify my first impress
sions and say that a bomb might have
been there.
Laid Up Two Months.
Bradley was confined to his room FOL
two months by his injuries. but did not
sue the gas company
w S. Linforth testified that it was q
gas explosion. An expert from the Of
flee of the gas company, after investi
eating the affair few hours after the
explosion, admitted that IL was caused
by gas. Leaks were subsequently found
in meters. He obtained a judgment
against the gas company for damages
and the case is now before the supreme
court on appeal
AS to Orchards story, wherein the
high executioner' swore that he
climbed down from a roof adjoining this
back porch OF the Bradley fat and
poisoned the milk left on the porch
Linforth testified that the roof was moi
built until six months after the eXplO-
sion. and fifteen feet Of space separated
it from the Bradley porch
Did Not See Bomb.
Tracy Cummings deposed that he came
out Of his At. which adjoins the Brad
ley fat. two minutes before the ex-
plosion. The doors of the two flats were
not four feet apart He did not SEQ
any bomb nor newspaper nor a string
connected with the Bradley door. Less
than two minutes after he left the door
he heard the explosion If a bomb was
there of the size that Orchard described
he would have seen it
b b. Reilly deposed that he passed th'
entrance to the Bradley fat fifteen min
utes before the explosion, and stopped
in across the street. He noticed a Japa
nese servant cleaning the porch. He re
passed the point two minutes befor'
the explosion, and the japanese wa
still there. but was preparing to go in
side.