Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-07-04
BOTH HAVE MOTIONS
Haywood Prosecution and Defense
VIII Move to Strike Out.
ARGUMENT WILL CAUSE DELAY
Defense Expects to Gets Its Evidence
in This Week.
MORE ATTACKS ON ORCHARD
Witnesses Contradict Statements Made
by steunenberg's Murderer.
PNKERToNs PROPOSED VIOLENCE
Joseph Barnes Testified George RID
dell Had suGEested Crimes and
Opposed Settlement of
Strike.
Defense Expects to Gets Its Evidence
in This Week.
MORE ATTACKS ON ORCHARD
PNKERToNs PROPOSED VIOLENCE


BOISE, Idaho. July s-At the adjourn
ment OF the steunenberg trial today the
prosecution served notice OF It's intention to
submit a series OF motions to strike out
evidence OF the defense unless the connect
ing-up testimony that. has been promised is
Forthcoming. Clarence Darrow, for the de-
fense, had previously announced that his
side might be able to rest by Saturday
evening. although it might be necessary to
let the calling OF Haywood and Meyer go
over until Monday. and following an infor-
NAL conference with counsel, Judge Wood
directed the prosecution to be ready on
Monday with it's case in rebuttal.
James II. Hawley, senior counsel for the
state, said in reply that 1t was the inten-
ton OF himself and his assistants to pre-
sent series Of motions dealing with the
evidence presented by the defense Messrs.
Darrow and Richardson were on their feet
instantly TO say together that the defense
also would have some motions to make, so
that the end OF this week OF the early part
OF next, the taking of testimony will prob
ably be interrupted for an extended argu-
ment on the adEaissibility Of a mass Of evil
dence already in the record.
More Attacks ON Orchard.
Tho defense operated today along nearly
ali OF lLa nueh- W0To dNNoNho oA
Orchards testimony at several points; there
was a showing that union miners had been
abused by the mine owners and militia at
Cripple Creek and Telluride; there was
showing that Pinkerton agents had advised
violence and endeavored to prolong a
strike; woman who served with the re-
lief committee that looked after the FAM
lilies Of the deported mines at Cripple Creek
swore that she had been twice arrested and
twice warned that II she persisted in her
work she would be deported, and another
woman located Orchard with Detectives
Scott and Sterling the night fthe second
attempt to wreck the Florence and Cripple
Creek railway train.
Two OF the witnesses were men who fig
ured conspieuously in the testimony OF
Orchard. They were David Coates, former
lieutenant governor OF Colorado. and Pat
Moral. formerly saloonkeeper OF Chey-
enne Coates positively denied Orchards
version OF the plot 20 kidnap the children
Of August PauIson, and Moran denied that
he made trip from Cheyenne TO Denver
after the independence station was blown
up 10 rthe purpose OF getting $500 from
George A. Pettibone for Orchard.
PettibOne Caahes Check.
Francis c. clifford. a life insurance
solicitor of Sterling. Colo, was the first
witness called at the Haywood trial this
morning. AS for several days past. there
were many vacant benches in the court
room when the morning session OF the
Haywood trial opened.
1t was announced that Juror No. III
r. Massecar--had been quite III during the
night. Judge Wood asked Mr.. Massecar
II he felt able to proceed today Upon re-
ceiving an Affirmative reply the court in-
formed the Juror that If at any time no
felt It necessary the trial would be inter-
rupted until he was in better physical
condition.
The prosecution asked the court to issue
an order directing W. +. Davis. one OF the
leading witnesses for the defense. to re-
. main within the Jurisdiction. as he would
be wanted again. The order was issued.
Francis c. CLIFFORD. a life insurance so
iicitor Of Sterling Colo. was the first wit
ness of the day. clifford said he moved
from Scranton. Pa. to Denver In April,
1905 He rented desk room in George A.
Petitioners store in Denver, holding Il
from April until November. 1905. The wit
ness met Orchard under the name of
Thomas Hogan. Pettibone making the in
PRODUCTION Orchard came around the store
just ns dozens OF others did. according to
the witness, who described the store as one
big room. There was also an undivided
cellar beneath.
Was Making Much Money.
Orchard told me one day that he was
making lots OF money selling hail insur-
ance." declared Clifford. He then turned
to Pettibone and asked him 70 cash
check. Pettlbone hooked at the check and
said he did not have enough money He
offered TO give Orchard as much as he had
Orchard said he would take what Petit
bone had and set the balance later.
The next time / saw Orchard he told
me he was going to Alasks- This was in
June. 1905"
CLIFFORD said he never saw a light In Pet
uhone'a cellar at night. but once-ln oc-
tooer, 1905
On cross-examfnation the witness said he
heard IN June. 1906. that Hosan's real
name vaa Orchard. Pettibone did not tell
him. He asked PettibOne about the mat
ter, however. and the latter said he be-
heved Hogan's right name was Orchard
AZ to the check, Ciinord said ne did not
Sc who Il was from OF the amount Of It.
Advice Of Pinkerton Men.
joseph c. Barnes. living near Montrose
Colo, was the next witness He SAID that
he and George w. Riddell. Pinkerton oper-
ative No SO. were chums and fellow mem
declared that RiddelI was constantly sug-
Sesting violence. He proposed TO roll two
kegs OF dynamite down a hill into the
Liberty Bell mill; he advised the miners
20 punch" any OF the deputies or bad
men" who looked cross; told them to burn
the town OF Telluride to beat up any
men who started TO work and run them
out OF town. Barnes was a most ioqua-
cious witness and constantly called out
wevea Of laughter by his ready and
lensthy replies.
After being deported from Telluride
Barnes told OF going back to the town In
barrel The militia discovered him but
he escaped BY climbing q tree. He saw
Orchard ana Riddeil together once in Tellu-
ride cross-examined BY Senator Borah.
Barnes said he had never engaged In any
criminal act with RiddelL
did you ever contemplate a crime7"
-Yes, sir. When i started back 20 Tellu-
6continnsa On Second Pass.l