Albuquerque morning journal., 1907-07-06
HAYWOOD CASE
NEARSF|NAL.
S I AG {
JUDGE WOOD HALTS
TRIAL TILL MONDAY
Federation President and Sec
retafy to Testify Monday,
Jurors Complain Of Long and
Irksome Confinement,
TBy Morning journal Special Leased wire.l

IBy Morning journal Special Leased Wire
Boise. July 5.--A beginning of the
end of the Haywood trial was reached
today. Counsel for the defense an
nounced that with the exception of
three or four witnesses their case in
direct is before the jury. G. II, Meyer,
the accused president of the Western
Federation of Miners, will be called
as witness on Monday next. He will
be followed by w. d, Haywood, the
defendant. Judge Wood has asked
counsel on both sides to submit their
requests for instructions to the jury.
He has informed counsel that he will
consider these requests and will agree
with counsel as to what his instruc-
tions shall be in order that the argu-
ments on both sides may be limited to
what the jury will be allowed to con
slider in the evidence. In ad1ourning
court this afternoon until next Mon
day morning at 10 o'clock, Judge
Wood said that the interval would be
used in preparation of evidence that
would prevent further delay and bring
the case to as speedy close as pos
sihle
1t is now expected that rebuttal evil
dence in behalf of the state will be
commenced on Wednesday and possi-
bly, ION Tuesday. much depending on
the extent of the ross-eXamination Of
Meyer and Haywood. Counsel for the
defense and prosecution after the ad-
iournment this afternoon were will
ing to admit the possibility of the YER
dict of disagreement in two weeks.
Some un nrasiness on the part of the
jurymen as a result of their long
confinement, developed this after
noon. Just before the adjournment Of
court Juror S. f. Russell, who occu-
pies the twelfth chair, turned to the
bench and asked If the jury would be
allowed to exercise during the two
days of adjournment. He complain
ed that some members of the jury
were disinclined to taking walks. and
that fJr this reason he other Jury
men were unabls 10 takd exercise, 70
which they were accustomed, and
Without which there was danger Of
sickness. The sixth juryman addressed
the judge in support of this state
ment and asked that the jurymen be
allowed to take exercise according to
their inclinations.
Judge Wood and counsel for both
sides agreed to arrange anything
within the law for the improvement of
the conditions A. P. Burns complain
ed that the baiiffs in charge OF the
jury were too strict and that jury
man who exceeded some trivial rule
was summary called tq order. Ju-
ror j, A. Robertson. the igood-humor-
ed ScOtchman. occupying the ninth
chair. defended the baliffs and said
laughingly:
well, l don't know about beng
too strict; l know | never had bet
ter time in my life
The announcement was received
with roars Of merriment, and Judge
Wsod leaned back in his chair and
laughed heartily.
The five iwtnesses on the stand this
morning added support to those who
have preceded hem. They wcre
called to testify concerning coaditioi 3
existing i'm Colorado during the &
turbances at Cripple Creek, and o
show that there was no reason to e'il
the militia. Orchard was further d@-
credited by owen Barnes. miner,
who lived near the independence
mine, and who, orchard said, assist
ed him in the Manufacture of bombs
Barnes flatly denied that he ever
planned or discussed any criminal eX-
pediilon with Orchard
y
financial clerk for George Pettibone
for many years, proved one Of the
strong witnesses for the defense In its
wild daspread contradiction of Orchard
In his statement on the stand, Or
chard swore that when he was in San
Francisco on the Bradley killing eJ
petition, he sent to Pettibone for
money which he received in a regis
tered letter containing five twenty
dollar bills He said the letter was
signed u Wolff" and the state inti4
mated that was u name under which
Pettibone passed.
The witness swore today that he
had sent Orchard no money. that he
had sent a registered letter to Or
chard as Jack Dempsey" addressed
to him in san francisco. This letter
Wolff swore, contained Masonic
charm and union card. which Or
chard had left with Pettib0ne. and FOR
which II has been testified he wrote
after his arrival IN San Francisco.
The examination OF william d. Hay
wood early next week Is looked for
ward to as one of the big features OF
Interest In the case Il Is pfohebe
that Haywood will be closely exam
ined as TO his whole life. and that he
will be asked IN his own defense to
expose everything he can possibly give
out I'm connection with the affairs Of
the Western Federation OF Miners,
When the trial was resumed at 10
a. m. the defense offered as its first
witness Marion W. Moore. Of McCabo,
Arlz., a member Of the executive COM
mittee of the Western Federation of
Miners.
Az Moore took the stand, Attorney
Clarence Darrow announced that an
other member of the executive board.
Frank Schneider, WIS Killed In Dem
yer night before last while boarding
train 10 come to Boise, as Wit
ness.
owing 10 this unfortunate clreum-
stance. Darrow said. the defense
might be compelled 10 ask one days
delay little later on az Il would be
necessary 10 secure from various
other sources. the testimony expected
from Schneider
Moore was asked as TO the cireum-
stances under which he agreed 70
take a letter to Alaska for Harry Or
chard. and to mail Il from Nome to
the second Mrs. Orchardfin Colorado,
Moore said that he Nrst met Or.
chard In Denver In May 1904, y