Semi-weekly herald., 1908-04-30
THIS MORNINGS SESSION.

the stand. When asked only q few
questions by the prosecution, sub
stantiating the testimony of Saturday
regarding horses tracks.
Defense asked to have Mr. Harper
excused few minutes and called
Chapson TO the stand. Witness stated
that Harper reached the top of the
shaft 10 to 10 minutes ahead OF him.
After he reached the top OF shaft
the body of Walker was not moved
until the officers arrived. Examined
blood spots but did not remember see
| ing any by the side OF the body. One
| spot was feet from body and the
other was 10 to IL. Didn't remember
any discussion among those with him
at the time. Denied Harper said he
had moved the body. Body fell in
such position it was possible ii might
have fallen over the dump. Spectacles
were on the forehead.
| Mr.. Pulliam asked several questions
| trying 10 obtain from witness the rel
| d'iNt Dobltioli vi thC icGl III CdSt luc
head of the body was moved.
| Harper was then called and Ben
Russell. on the part of the defense.
| put him through q gruelling lot OF
questions. Harper first went to Lead
Vile, then TO the San Luis valley. then
Telluride and then New Mexico. Said
/ ba loft 10 oh alt
pinned down. he said he left partly
| because he got into trouble with some
| Mexicans. Said he did not go around
the body of Walker after reaching
the surface. Denied moving the body
or head, simply putting his hand in
side the vest over the heart to see If
| II was beating. Said he was at the
| shaft with Chapson, Hall and Walk
er two or three weeks before the
shooting. Was employed regularly by
| the government November the 1st.
| Said he had worked occasionally by
| the day previously. Had volunteered
his services. on the day OF the hom-
icide was in the mine possibly an
hour and half, Stated how he got
into the mine. Asked IL he had Sc
| cured permission. said no, and had
not asked permission at any time,
| neither had he been denied permission
TO go into the mine. Asked II 1t was
knew nothing about with lighted can
dies and II he did not take chances
of loss OF life and blowing up in the
| mine; said he thought there was no
danger. Had met Walker about ten
months previous. The matter of po-
sition of Walkers body was gone over
and Harper denied touching Walker
or moving him except to feel of his
heart 10 see II he was alive. Said he
found four or five tracks OF man
wearing as large shoe as he did.
Asked to show his foot and stated he
wore No. 8 some times and at 9th
ers No. 10, but did not know the size
he had on. Asked If he was not trying
to convey the impression that Wander
weide was large man with a large
foot and that II was Vanderweide who
made the tracks, Harper said he was
not. Fact was brought out that In
1893 Harper worked two and half
Mason was superintendent Denied
being fired, stating he Lad quit at noon
and after dinner Mason told him he
had better hit the trail. Denied being
fired because he was lazy and found
in other mems bunks. When pinned
down. could not remember If he had
been in other mems hunks. First he
denied having any feeling, and then
said he might have feeling against Mr.
Mason. Asked il he did not know In
his own mind If he had any feeling
Said he did not know. Admitted being
on the Porter Fuel companys ground
with n man named Hawkins four to
six weeks later, but did not know II
until ordered of Witness refused to
go. Told man he would not 20 legal
ly or otherwise. Went to Hesperus
and secured guns and returned. Asked
If he was not looking for fight. said
he wanted TO see II he would be dis
posed of the same as Walker. Admit
ted he had been a very busy man In
connection with the prosecution.
: Thos. ]. Callaghan was next called
He stated he had been with the gov
, ernment as special employe Of ths
: department OF justice eight months
. Met Walker October IL for the frs
time. Did not know Mason or Van
/ derweide previous to the homicide
, First visited the air shaft October l.
. and then Nov. 3, arriving there abou
) 10 in the morning. The testimony re
garding the rope and tackle and goini
/. down the shaft and the examination
l under ground were mainly corrobo
. rative. Stated that upon returning I,
: the bottom OF the shaft found the rop
r and tackle; Harper climbed abou
9 half way up but said he could no
e make 1t. but by encouragement b
e continued. Witness followed Harpe
e out Of the shaft. Had not touche
g Walkers body; found spectacles owe