The Montgomery advertiser., 1907-06-08
COUNSEL FOR HAYWOOD
 TRIES TO CONFUSE ORCHARD
swer the questions without interrup- tion," said Judge Wood sternly, and the examination proceeded.
 Orchard Quite n Gambler.

Orchard Quite a Gambler.
 Orchard admitted that while he was In the Idaho mining country he became quite a gambler, playing poker most voted the day the unions decided to go down to Wardner and blow up the Bunker Hill and Sullivane mine mill, and said he did not remember. MT richardson wanted the witness to name all who attended the meeting. H. gave the names of five or six. And those are all you remem' 4 asked MT. Richardson. ' Not all I remember, but they are the only ones whose names I can re- call at this time." replied the witness cool1y.
 The attorney next took the witness | through a description of the makeup of the train which took the rioting miners toward Wardner. Orchard sa i'd 1t was composed of thirteen cars. some being freight and others passenger coaches.
 Are you sure.' finally asked Mir. Richardson, that you were not at Burke or Mullan playing poker when this explosion occurredT T am sure'' came the reply. T lit one of the fuses which fired the pow der under the mill. Mir. Richardson wanted to know the names of all who helped unload the powder and who helped to place 1t un- der the mill.
 Orchard gave several and said they were all he could remember.
 Did you know Haywood, Mover or Pettibone at this timer"
 NO sir.''
 They were not with you at Ward ner when the mill was blown up were they?
 NO sir. not that know of." Orchard said he left Idaho after the blowing up of the Bunker Mill and SuI- livan Mill to avoid arrest. He was taken over the years from 1899 to 1902 in detail. explaining to Mir. Rich ardson where he worked where he got his money and where he went from time to time.
 Orchard said he worked on an aver age of ten or eleven months a year, in the mines of Utah. Idaho and Ari- zona. He gambled part of the time. Did you lose when you first began to play". demanded Haywood's attor- ney.
 Not always"
 "But you finally got so the other fellow always lost, did you not?" Counsel for the State objected to this form of questioning, but 1t was allowed by Judge Wood.
 T nearly always lost" quietly re- pilcu Luc witness. Traced His Journeyings.
 In reply to Richardson's questions, Orchard traced his journeyings from place to place. The attorney wanted to know how much money the witness had at each place. Orchard supplied the information to the best of his rec- ollection, admitting that a large per centage of his wages went over the gambling table. He seldom remained A. G. any mining camp. Up to the, time he went to Colorado in 1902 Orchard said ho had never heard of Haywood, Pettibone, Mover or Simpkins.
 Orchard said he did not hear of Gov ernor Steunenberg's action in suppress ing the Occur d'Alene troubles until some time after he left the State of Idaho.
 The, witness said 1t was his own ini- tiative which took him to Colorado and said that no one connected with the Western Federation of Miners had urged his going. At that time, July or August of 1902, there was no trouble in Cripple Creek. Arriving in Colorado he went to work in the Trachite mine and renewed his membership in tho Western Federation of Miners, joining a local headed by W. F. Davis, who had been in charge of the party which blew up the Bunker Hill and Sullivan Mill,
 Attorney Richardson asked the wit ness repeatedly about his gambling experiences, layingsmuch stress on this feature of his cross examination. When the Western Federation of Miners or dered a strike at Cripple Creek in Au- gust, 1903, Orchard said he went out with the union men. The strike com mission was composed of W. F. Davis Sherman Parker and a man named Kenniston. Orchard said he had heard that Parker and Remission are dead.
 "High Grading" Experiences.
 Mr. Richardson next took the wit ness through his high grading ex- periences in the Vindicator mine.
 You said the other day that you had high graded in the Vindicator during the strike. you simply meant that you were an ore thief. did you not?"
 T don't know what you call it." re- piled Orchard. We took the high class ore out secretly and sold it''
 You often made as high as $25 or $50 day. didn't you, from high grad ingT
 Yes"
 Orchard said he also high graded" while at work in the Vindicator before the strike.
 "In his direct testimony Orchard said he had reported to Davis the finding of car load of powder in the Vindi- cator mine.
 up to the time you told this to Da- wis, had there been any talk to you of proposed violence to the mine?" asked MT. Richardson.
 NO sir"
 You preached the subject?"
 Yes. I'd heard the leaders of the Western Federation of Miners had blown up mines before"
 The witness could not recall who had told him of this. He believed 1t was Arthur Doolin.
 Your object was to suggest to Davis the firing of this powder?"
 q felt some enmity to the mine own CTS and had thought of it. The sol- diers had been brought in there and were running us around"
 Knew Powder Was in Mine.
 Asked how he came to know there was powder in the mine. Orchard sad he had stolen some and sold 1t.
 Was there anything in your ex- also suggested the touching off ot this powder to your"
 Tt may have"
 Did the suggestion that powder in the mine be touched off come from you or from Davis?'
 From Davis. He said he would give me $200 to touch 1t off."
 Orchard said he had communicated his thoughts" about blowing up the mine to Davis
 Orchard said there were about fifty non-union men working in the Vindi- cator mine. He believed the toucn4ng