Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-06-29
STATE AND Defense
BOTH CONFIDENT
Both Sides in Haywood Trial
See Advantage in Recent
Testimony
STATE SCORES ON copLE,
Former Officer Of Miners Federation
substantiates Orchard - Defense
Make. Showing to Prove vindicator
i Mine Explosion Was Due to an Ac.
4 sidsnt-End Of Trial in Sight.

Boise Idaho, June 2s.-Departing
from the rule established by Judge
wood when the Haywood trial COM
nlenced, court today will continue thru
two sessions. Up to the present Sat-
urday has been half holiday. but the
Judge is anxious to conclude the case
as early as possible in July, and to-
day will waste no time.
Today the defense continued to sub
nit evidence on Orchards alleged ex-
periencs In the Occur d'Alenes. in an
effort to disprove his statement that
he was one Of the men who blew up the
Bunker Hill and Sullivan mine.
The state Is congratlllating itself on
the admission made yesterday by a
former member of the executive board
OF the Western Federation, D. G. Cop
ley, who said that while he was in San
Francisco, Orchards conversation with
him led him to draw the inference that
Orchard claimed to have some con-
nection with the explosion in the Brad
ley residence. They also express salts
faction over the admission by Copley
that Lyte Gregory, whom Orchard says
he murdered in Denver, was detec-
tive for the mine owners. The state
has so far been unable to get before
the jury any reason for killing Greg
ory.
@ on the other hand, counsel for de-
fense do not hesitate TO express much
jubilation over the testimony of Thorn
as Wood, who was the first man to go
over the ground i'm the Vindicator
mine after the explosion and killing OF
Beck and Mccormick. His evidence
went to prove the explosion was due to
accident. The inference is that Nc
Cormick took the box containing twen-
ty-f1ve pounds Of dynamite with him
when he left the eighth level to go to
the sixth, and pistol carried by Beck
accidentally exploded. setting off the
1t is now expected the defense will
have finished it's direct evidence before
adjournment for the Fourth. In this
event, rebuttal testimony may be con-
cluded by the end OF next week. Much
depends, however, on the progress
made by the defense in Its effort to
open up the alleged conspiracy of the
mine owners.
Contradict Orchard.
The trial proceedings began today
with the Introduction Of Dominick
Flynn, OF Mullen, Idaho, who testified
that Orchard, on the day of the ex-
plosion at the Bunker HILL and Sui
livan mill, was playing poker in his
place. This was the second witness to
testify that Orchard was playing poker
at Mullen, the day he says he helped to
light the fuses under the mill at
Wardner, eighteen miles distant. The
poker game lasted from noon to 4 p.
m. Flynn said.
Cross examined by Borah, Flynn
declared he had never been mem
ber of the Western Federation of Min
ers or any other labor organization.
Orchard often played poker at his
place. Wintess gave the names of sew
eral persons who were in the game the
day Of the explosion He never saw
Orchard after that day.
Patrick McHale, a bartender at Null
len, followed Flynn. He said he played
poker with Orchard in Flynn's cigar
store the day of the explosion and had
never seen the man since McHale said
the poker party was made up of Forest
Clark, now q retired mining man; Col
onel Moore, an electric light and water
man: Dominick Flynn Orchard and
himself. Witness declared he was pos
tive Orchard was not at Wardner the
day of the mill explosion.
Frank Pugh, a member OF the Wes-
tern Federation Of Mine1, who was
in the "bull pen" in 1899, was called
to testify as to conditions in the mil
tary prison. He said Jack Simpkins,
accused Of completely in the Steunen-
burg murder, was fellow prisoner.
Prosecution objected to testimony as
to the "bull PEN" but 1t was allowed
upon the statement OF Darrow, that 1t
was intended to show the motive of
Simpkins for acting with Orchard, both
men, it being alleged, having personal
grudge against Steunenberg.
Hough said that from 800 to 400
miners were crowded in the bull pen"
during the Ut months Of the summer
OF 1899. One-quarter Of the men were
In most of the time The pen was
guarded by colored troops Of the reg
.nlar army. Hough swore that Orchard
told him at Wallace, III the fall of 1905,
that he had just come from Alaska,
the first mention in the case of the
defense of the supposed visit of Or
chard to Alaska. Orchard also said
if 1t had not been for Steunenberg he
would be rich man Hough told of
the incident, which occurred on hot
day In July, when Jack Simpkins was
taken out Of doors and made to stand
in the sun for six hours without water.
What was his condition."
"He seemed to be suffering consid-
erably. Every time he tried to sit
down the soldiers trained their bayo-
nets on him"
did you see them jab him with the
6ayonetsr'