The Montgomery advertiser., 1907-07-06
END OF TRIAL
 IS IN SIGHT Debated on Cripple Creek
 Affair. WITNESS WAS FOR MINERS College Debater Testifies in Hay
 wood Trial. Noted Murder Case was Resumed Yes- terday After Taking . HoIiday
 To Celebrate Fourth
WAS FOR MINERS

| Boise. Idaho. July 5.--A beginning of the end of the Haywood trial was reached today. Counsel for the defense announced that with the exception of | three or four witnesses, their case in direct is before the jury. Charles H. Mover, the accused Presi- 1 dent of the Western Federation of Miners, will be called Monday. He | will be followed by William D. Hay wood, the defendant. Judge Fremont Wood has asked counsel on both sides to submit their requests for instruc- | tions to the jury. He has notified | counsel that he will agree with counsel as to what instructions shall be in order that the arguments may be lim- | tied to what the jury will be allowed to consider as evidence. In adjourning court this afternoon until Monday morning, Judge Wood said he hoped the interval would be utilized by couna | sel in preparations that would prevent | further delay.
 It is now expected that the re- buttal evidence. in behalf of the State | will commence Wednesday. possibly | Tuesday; much depends on the examin- ation of Mover and Haywood. Some uneasiness on the part of the | jurymen as result of their long con- l Just before the adjournment of the court, Juror s. E. Russell. who occu- pied the twelfth chair. turned to the | bench and asked if the jury would be allowed to exercise during the two days adjournment.
 Jury Wants to Walk. He complained that some members of the jury were disinclined to taking walks and that for this reason the other jurymen were unable to take ex- 1 ercise to which they were accustomed, | and without which there was danger 1 of sickness.
 o. V. Seborn, the sixth juryman, ad- dressed the judge in support of this 1 statement, and asked that the jury be allowed to take exercise according to l inclination.
 | Judge Wood and counsel for both sides agreed to arrange anything with | in the law for the improvement ot conditions. The i've witnesses on the stand this morning added Hupport te those who have preceded them. They were catled I to testify concerning conditions exist ing in Colorado during the disturbance | at Cripple Creek and to show that | there was no reason to call out the militia.
 Orchard was further discredited by Owen Barnes, a miner, who lived near 1 the ln0epenQenCe IthhcSs | Orchard said assisted him in the man ufacture of bombs Barnes said he knew Orchard, Adams, Easterly and others but fiatly denied that he ever planted or discussed any criminal ex- petition with Orchard.
 J. Wolfe, who swore that he was financial clerk for George Pettlbone | for many years. and closed up Petit bone's business after he was arrested, | aIcn nroVed n strong witness,
 Federation Officers is Called.
 When the Haywood trial was resumed at 10 a. m., today. the defense offered as the first witness of the day. Marion B. Moore. of McUabe, Ariz.. a member of the executive board of the Western Fed eration of Miners. As MT. Moore took the stand, Attorney Clarence Darrow announced that another member of the executive board Frank Schmelzer, was killed In Denver night before last while boarding a train to come to | Boise as a witness.
 Owing to the unfortunate circum- stance, MT. Darrow said the defense might be compelled to ask for 6 days delay a little later. in which 1t would be necessary to secure from various sources the testimony expected from | Schemlzer.
 The witness, Moore, was asked as to the circumstances under which he | agreed to take a letter to Alaska for Harry Orchard and mali 1t from Nome to the second Mrs. Orchard in Cobra do Moore said he first met Orchard In Denver in May 1904.
 Later Orchard came to his room and asked if he would mail letter for him | from Alaska. It was addressed to Mrs. Harry Orchard and Orchard told him he wanted to get rid of that wo- man."
 The witness said he arrived in Nome August 12, 1905 and two days later mailed the letter.
 On cross examination Moore said he did not Inquire as to whether the wo- man to whom the letter was address 1 ed was Orchards wife or not | Following Moore on the stand came Mrs. Mike Fallon, of Butte. Mont. The witness was formerly Mrs. Harry Wa ters, whose husband was generally known as Kid" Waters. a gun man who operated in the mining region of Colorado Asked what Kid" Waters did. witness replied:
 "A little bit Of everything, detective chiefly"
 Waters died in 1905.
 By whom was he employed as a detectIve?'
 By the mine owners association"
 Did you ever see him in company with D. C. Scott and Lyte Gregory"
 "Yes sir"
 How many guns did the Kid usually carry?"
 Three. they were Of all descrip- tions."
 DO you know Harry orchardr'
 "Yes sir"
 Did you ever see him at your house? D..
 "Yes sir. the first time in March, 1904"
 The witness was examined but brief ly. Her present husband. she said, is a miner and member of the Western Federation Of Miners.
 Owney Barnes Test!hes.
 Owne Barnes, sometimes Known as | "Owney." was the next witness. Barnes was implicated by Orchard in the manufacture of certain bombs. Barnes lost both of his feet while min ing He had been a member of the western Federation of miners for many years Tn 1904 Barnes lived in cabin near the Independence Depot. orchard only came there once
 Did you have any conversation with