The Birmingham age-herald., 1907-07-04
Prosecution Moves to Strike
 Out Evidence
ORCHARD AGAIN ATTACKED
Coates Denies Kidnapping Story-hay- wood and Mover May Not Be Called to Testify Until
 Monday.

Boise, Idaho, July 3-At the adjourn ment of the Steunenberg murder trial to- day the prosecution served notice of its intention to submit series of motions to strike out evidence of the defense unless the connecting up of testimony that has been promised if forthcoming.
 Clarence Darrow, for the defense, had previously announced that his side might be able to rest by Saturday evening, al- though it might be necessary to let the calling of Haywood and Mover go over until Monday and following informal conference with counsel, Judge Wood de- clared the prosecution should be ready on Monday with it's case in rebuttal.
 James H. Hawley, senior counsel for the state, said in reply that it was the intention of himself and his assistants to present series of motions dealing with the evidence by the defense. Messrs. Dar- row 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 or the early part of next the taking of testimony will probably be interrupted for an exten<sd argument on the admissbility on mass of evidence already introduced.
 The defense operated today along near ly all of it's original lines. There were att taeks on Orchards testimony at several points; there a showing that union miners had been abused by the mine own CTS and militia at Cripple Creek and Tel luiide; there was a showing that Pinker- ton agents had advised violence, and en- deayored to prolong a strike; woman who served with the relief committee that looked after the families of the deported miners at Cripple Creek swore that she had been twice arrested and twice warned that If she persisted in her work she would be deported, and another woman located Orchard with Detectives Scott and Sterling the night of the second attempt to wreck the Florence and Crlpple Creek railway train.
 Two of the witnesses were men who figured conspicuously in the testimony Of Orchard They were David Coates, for mer lieutenant governor of Colorado. and Pat Moran, former saloonkeeper of Chey- enDe Coates positively denied Orchards s version of the plot to kidnap the children of August Paulson, and Moran denied that he made a trip from Cheyenne Denver after the Independence station was blown LID for the purpose of getting $500 from George A. Pettibone for Orchard.
 Juror No. III.
 As fer several days past, there were many vacant benches in the court room when the morning session of the Hay wood trial opened tOudy.
 1t was announced that Juror No. H. F. Massecar, had been quite i'll during the nieht. Judge Wood asked Mir. Masss- car f he felt able to proceed today. Upon receiving affirmative reply the cod.t informed the juror that if at any time h. felt 1t necessary, the trial will be interrupted until he was in better physical condition.
 Francis c. Clifford life insurance soi ito of Sterling. Colo. was the first witness of the day. Clifford said he rented desk room in George A. etti- bones store in Denver holding it from April until November, 1905. The witness met Orchard under the name of Thomas Hogan, Pettibone making the introduc- tion.
 Orchards Check cashed.
 Orchard told me one day that he was making lots of money selling hail in- surance." declared Clifford. "He then turned to Pettibone and asked him to cash check. Pettibone looked 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 Pe.tibone had and get the balance later.
 "The next time I saw Orchard he told ne was going to Alaska. This was in June. 1905."
 Clifford said he never saw light in Pettibcnes cellar at night, but once, in October 1905.
 Roomed With Pinkerton.
 Joseph c. Barnes, living near Mount Rose. Colo. testified that he and George W. Riddel, Pinkerton Operative No 36, were chums. and fellow members of the union at Telluride Barnes declared that Riddell was constantly suggesting vio- Ience. He propose to roll two kegs of dynamite down hill into the Liberty Rel D-i mi to punch" and of the deputies or "bad menp who looked cross. told them to burn tho town of Telluride to beat up any man who started to work, and run them out of town.
 Barnes was a most loquacious witness and constap,ly called out waves of laughter by hiN ready and lengthy re- plies.
 Pat Moran Called.
 Pat Moran, the Cheyenne saloonkeeper, whom Orchard said was sent by him from Cheyenne to Denver to get $500 from Pettbone. was next called to the stand Moran said he once worked for Pettibone in Denver. selling clocks and lamps and other goods on the >lstall- ment plan.
 Moran not only denied going to Denver on any mission for Orchard, but said he did not know that Orchard was ever in his saloon.
 To Show Conspiracy.
 Attorney Darrow. when asked the pur- pose of this testimony by the court, said 1t was to show part Of the general con spiracy to crush the Western Federation of Miners.
 Luncheon was then taken until D. m.
 Former Lieut.. Gov. Coates.
 David c. Oates former lieutenant gov ernor of Colorado, and formerly news paper man of Wallace, was the first wit ness at the afternoon session. Mir. Coates is the man Orchard said suggested the Kidnapping of one of the Paulson children l, in Wallace. Paulson being former part ner of Orchard in the Hercules mine.
 Examined by Attorney Darrow, Coates said he had been newspaper man prac- ticaly all his life. He had set type, re- ported and published his own paper. He once belonged to the International Typo graphical union, but was never in any way connected with the Western Fedora tion of Miners The witness vas lieutcn-