The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-14
BLOW TO HAYWOOD'S DEFENCE
Continued from First Page.

Now, about the train that went TO Ward
ner. were the men masked?"
Yes, most Of them"
Were you masked?'
Yes. sir"
Where did you get the maSt?'
Some one came in the union hall and
tore a lot Of cloth into strips and threw It
out over the crowda and you just tore it into
strips and put it on"
Richardson wanted TO know some more
names Of miners at Wardner. Dewey
Obliged him with the name Of Paddy Burke
among others.
Il remember him" he said. because he
had a Springfield rifle with a bayonet on it.
He had the only rife that had a bayonet
on it."
Now. wasn't Bill Kennedy Of Gem called
Big Bin?"
ives, but his bigness was the other way
Now. didn't YOU know those men in Gem
manning s~everall well enough TO tell who
thew were even though they we're masked?'
We'll. I might think l knew without
being sure. You asked me il l knew
The laugh was on Richardson and he
smarted under il enough to insinuate That
Dewey had received a promise Of immunity
for mis- testimony as TO what went on at
Bunker Hill and Sullivan mill April 20.
1899. He had not, he said. He said nothing
to ANYBODY about that and nobody said
anything TO him. They let him go at that.
Defence rests, said Lawyer Richardson
the moment Judge Wood took the bench
this morning. Thereupon the State opened
its rebuttal by recalling John C.. Rice, a
Caldwell lawyer. who had previously testi-
fed TO seeing Harry Orchard hanging abo I
Gov Sieunenberg's house just before the
murder.
You have testifNd to seeing Harry
Orchard in Caldwell in De ember and
November, 1873" said Mr., Hawley. did
he wear a mus ache at that timer"
He did not" very PROMPTLY said Rice.
There was no cross-examination. Rice's
testimony was aimed at the defence's Wit
ness. John Elliott, Who told Of having had
a talk with Orchardi Novcmbe 1905. n a
railroad train, whenh he said Orchard declared
a plot was on { OF to crush the Western
Federation OF Miners. Elliott swore posi-
lively tina Orchard wore a heav u
tache at that time n addition TO this re-
buttal, Eliott's cross-examination showed
hat Elliott had twice been confined In an
Dan Gainev OF Walla walla. who used to
know Orchard in the C1ur d'Alenes and
once lived with him there. fatty contra
dicted the testimony given by Dominick
L " mn, tine MULCH edlOOh hCCICI' II bNOIS
that Orchard was playing poker In Null
lens saloon on April 20. 1880, the day he said
he went to Wardner with the union miners
who blew up the Bunker Hill and Sullivan
mill
saw Flynn in Mullan and asked him where
Orchard was, TO which Flynn replied that
be had not seen him in over a month, not
in fact since Orchard sold out his wood
yard and had gone TO Burke TO work in the
Tiger and Poorman mine, Gainey quit
the union when the Cripple Creek strike
came and was one Of the non-union miners
standing on the ~Ipdenen1ence station
platform on that frigntiul morning when
Orchard and sieve ADAMS pulled the wire
tina, blew fourteen men To pieces a
manned many others.
Gainey lost bota his legs and moves on
wooden ones. he thinks Orchards re-
pentence is wholly sincere and has written
hi l to that enect.
r. z. Crinshaw, al Official Of Lawrence
! county, South Dakota, then testified that
John NJ. O'Nel. editor OF the Miner Ndgd.
siug. organ of the Western Federation OF
Miners, once served a term in prison for
manslaughter MIR. Richardson, Ray
woods counsel, at once objected and asked
for time 10 submit authorities on the point,
and the matter went over for The time.
Grimshaw was followed by Edgar NJ.
! HeiRhe, general manager of the Pacific
! and Idaho. northern Railroad. He produced
train schedules to show that no train got
into eiser, Idaho, from Counc anywhere
near the hour that Elliott said his train
left that town on November % or 70, 1905,
. the day he said he tai, ed with Orchard.
Elliott said hat his talk took place going
from Weiser TO Nampa in full daylight.
but Heighe's testimony showed that both
trains from Council TO Weiser got into Weiser
/ after dark. Law yer Richardson had a lot of
fun with Mr.. Heighe about the size Of his
! railroad, put he did not destroy the value
OF his testimony in the least.
II there was anything left Of Elliott's
testimony, which there was not, il was
annihilated by the testimony given by
ID, C. COLONY, division train des' latcher OF
the Oregon Short Line. whose train Elliott
said he took from Weiser to Nampa after
coming from Council 20 Weiser on the Idaho
Northern. Collohy showed that on Novem-
Der % and 20 no train on his road ran from
Weiser to Nampa at the time when Elliott
said he travelled on IL. SO all hands agreed
time properly nailed uron the barn door.
but Just 70 make sure John I. Stevens. a
clerk employed at the Cullen Hotel in Salt
Lake City, testified that Orchard registered
there on November rs. 1905. n STAYED
! there abou three weeks.
MIR. Hawley for the State then got around
70 Denver again. He put uron the stand
j. NJ. Moser. who said he had lived in Den
yer for twenty-one years and kent a lodging
house there called the Kettle Block and that
in the summer Of 1904 Orchard came there
| and lived from about july ~ TO August l.
| At that time he went under the nam Of
Dem sey. This put 10 all over DIR. Nc Zee,
who testified that he saw Orchard in Wall
lace, Idaho, late in July, 1904, and thet at
| that time Orchard told Inn he was work ing
, among the miners as a spotter. Nj. Rich
| ardson demonstrated the hideous fact that