Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1907-07-19
IS CHARGED.
ORCHARD TEsTiFlEs AGAINST
ALLER, HAYWOOD WITNESS.
MORE REeuTTAL HEARD
Evidence Of Defense to Show Exp.os
lon In vlndicator Mine Was
Accident Fiatly Con.
tradicted.

Boise, Idaho. - Six more witnesses
N rebuttal were put on the stand
In the Haywood trial by the state
Tuesday. Three testified to con-
ditions in the Occur d'Alenes In 1899
and three to the situation In Colorado
during the strike period OF 1903 ana
1904.
The important witnesses Of the day
were called to contradict the showing
made by witnesses for the defense
that there was no reason for the call
ing out of the militia other than de-
sire on the part of the mine owners
to drive members of the Western
Federation OF Miners from the mining
district One witness fatty contradict
I ed the evidence introduced by the de-
tense to show that the explosion at
the Vindicator mine was due to an &C.
cident.
AIler Is Arraigned.
While the big trial was going on IN
the district court before Judge FIRE.
mont Wood, an interesting offshoot OF
the case was being heard in the
small room used as court by Justice
of the Peace Savage c. w. Aller, the
depot agent, who was arrested charged
with perjury, was brought before the
magistrate for preliminary hearing.
The principal witness in the perjury
hearing was Orchard himself. The
prisoner was brought in from the
penitentiary in charge Of Warden
Witty and penitentiary guard.
In the Haywood trial Edward AL
ward, physician of Bourke, one OF
the mining towns Of the Occur
d'Alenes, swore that he saw Orchard
on the day OF the blowing up of the
concentrator 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 con-
centrator and killed two men. Al
wards evidence contradicted the wit
nesses for the defense who said they
saw Orchard playing poker on that
day at Mullen, several miles away
The claim of the defense is that Or
chard was not at Wardner and had no
part in the riot.
Woods Story is Denied.
A. T. Holman swore in rebuttal of
the testimony of Thomas Wood, wit
ness for the defense. Wood had said
that he saw Beck and Mccormick, the
two men killed by the explosion at the
Vindicator mine, in the eighth level
before the explosion, and afterwards
found their bodies in the sixth level.
He said that Beck carried revolver
on that day and that he saw a box of
powder on a water barrel in the
eighth level just before Beck and Nc.
Cormick went up to the sixth, where
the explosion occurred a few minutes
later. The impression created was
that the two men carried the powder
with them and that Beck dropped his
revolver, which exploded and the pow.
der went off. This would also &C.
count for the finding of the shattered
parts of . revolver near the bodies.
Orchard swore that he fired the pow.
der with pistol.
Holman was superintendent Of a
neighboring mine, and formerly super.
intendent of the indicator He was
one OF the first to 60 down the shaft
Of the Vindicator after the explosion.
His evidence, given largely from pre-
pared chart of the interior of the
mine, contradicted Wood on many
points. ~
State Closes Case.
Boise, Idaho. - Satisfied that thew
have made out a strong case
against w. D. Haywood, on trial for
the murder of Frank Steunenberg,
counsel for the state rested Wednes.
day. Haywood's counsel also say they
are content with the evidence they
have presented, though a few wit.
nesses may be called in sur-rebuttal.
Judge Fremont Wood has invited
argument on his own proposition to
eliminate certain evidence from con.
sideration by the jury, and probably
day will be taken to present the
views of both sides as to the instruc.
tons to the jury.
AnHnA&n lakn