The Idaho recorder. [volume] (Salmon City, Idaho) 1886-1927, 1907-07-18

4
to participating In labor riot re.
sulting In the death of two men. the
record of conviction OF murder In
the second degree OF witness for
the defense sas INTRODUCED and the
PROOF OF another having been In The
insane asylum upon the information
OF his neighbors, was offered. Its
admissibility was argued and the de-
cision OF the court will he handed
down on Monday morning.
Finally, shortly after court ad-
journed for the day, information was
sworn to and warrant for perjury
issued In magistrates ofiice against
DIR. |. l.. McGee, physician OF Wal.
lace, Idaho, who was one Of the wit
nesses for the defense in the discred-
iting OF Orchard. Sheriff ]. W.
Bailey, OF Shosbone county, who
swore tol the information against
McGee, leaves for Wallace tonight
and will arrest McGee % arrival
there.
William Dewey. witness In re.
buttal for the state. confessed u
active armed participation In the de.
struction OF the Bunker Hin & Sulli.
van concentrator at wardner.
Harry Orchard swore that william
f. Davis, known among his fellows
as ''Bie Bill' Davis, led the mob.
Davis himself was sworn to hav.
ing been elsewhere and positively de.
MED any connection with the crime.
Dewey swore today that not only
did "Big Billi' accompany the moi
to wardner, but that he served out
guns, rifles and al mnnitiun to the
unioL men gather1 p In the union hall
at Burke before they went to Ward.
ner.
One OF the most interesting Of the
witnesses was August Paulsen, who
was at one time partner Of Or.
chard in the Hercules mine. Or.
chard swore that he planned TO kid.
nap Paulsens children and extort q
rahsom OF $4,000. Paulsen was
called at this time TO show that Or.
chard disposed OF bis interest In the
mine some time before he left the
state. Paulsen will be recalled later.
Counsel for the state expect to lin.
ish the rebnttal by Tuesday evening
or Wednesday ut latest.
"We did not expect this" declared
Mr.. Hawley, leading counsel for the
state, "and our witnesses were not
notified to be here at this early
hour.
The witnesses began to straggle In,
however, and soon John G. Rice was
recalled TO the stand. He testified
that In November, 1905, Orchard did
not wear moustache. This was IN
contradiction OF one OF the defense q
witnesses, who swore he heard Or.
chard make threats against SteuDen.
berg. desci ibing Orchard as man
with large moustache.
lie DtAl NIliitss WdS Ian oulDty
OF Walla Walla. Gainey lost both his
feet In the Independence depot ex.
plosiop. lie lived In the Occur
d'Alenes In 1898 and 1899 and roomed
part Of the time with Orchard.
Gainey said that Dominick Flynn,
who testified he was playing poker
with Orchard on April ~, ls99-the
day of the Bunker Hill & Sullivan
expIosion--bad told him In a conver.
sation that he had not seen Orchard
since February, 1899.
r. f. Grimshaw, OF Deadwood, s.
D., was introduced 10y the state to
identify prison record showing that
In 1880 John NJ. o. Neill, at present
aud for many years past editor OF the
Miners Magazine, was in the Da.
kota penitentiary. The defense OBJ
jected on the ground that this was
not proper rebuttal or impeachment.
To allow the citation OF authorities
the witness was temporarily with
drawn.
In contradiction OF the old soldier,
John ID. Elliott, who said he heard
Orchard make threats against Gov.
Steupeni,erg while on a train, the
state introduced several railway offi-
cials who produced records showing
that the train on which Elicit said
be and Orchard Travelled did not
make the connections which Elliott
had described as part OF the journey.
( Elicit testified for the defense that
be Travelled from Weiser, Idaho, TO
Boise. about November ~ or %, 1906.
The state called J. r. Stephenson,
hotel clerk of Salt Lake CITY. to-
day, 10 testify that Orchard arrived
at the Hotel Cullen on November 25,
1905, and renamed there three weeks.
When asked to produce records, the
witness said be could only ind Or.
chard's name entered on the books
November .. Ii was the mans Gus
tom 10 psy for his room nightly 80
advance.
The deed by which Orchard trans
ferred his interest In the Hercules
mine TO Dan Gardener was admitted
10 evidence over the protest OF the
defense. IL bore date Of March Z,
lses.