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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (June 20, 1907)
THE MOKSTTITOf UKEGOXIAJT, THUKS1JAT, .TUNE 20, 1907. 3 PLOT TIGHTENS IT Richardson Puts in More Good Licks for the Prose cution. KNEW ORCHARDS ALIASES Dramatic Scene in Court When Jus tice Goddard Identifies Bomb Laid at His Gateway Maga x rine Article as Kvidcnce. BOISE. Idaho, June 19. (Special.) Testimony of the most effective char acter was again introduced today by the state in the case against W. D. Haywood. It was all very strong:, but some points were particularly so. One of the striking features' was the form that Mr. Richardson, for the defense, Rave to the argument he made against admission of a number of articles from the Miners' Magazine, "official organ of the Western Federation. He took occasion to read extracts from artcles published by Herr Most and ethers during the time preceding thq Haymarket massacre in Chicago. An hour or more was occupied with feuch reading, the characyr of the Anarchists of that time being thus set before the jury very clearly. Richard son did that In an effort to show that, while It is as proper to admit the in troduction of such utterances before the Jury trying the Chicago Anarahists, It would not be proper to admit the articles from the'illncrs' Magazine to be introduced in this case. He attempted to show a difference in the motives and methods of the de fendants in the two cases, but, after all the lung recital of horrors before the Jury, tho method chosen by the at torney Is felt by the public to have heen. most unfortunate for the defense, the general comment at the noon recess being, "Richardson has been putting in some more licks for the state." Sought to Arouse Class Hatred. Borah, in his argument in Bupport of the offer to introduce the articles, re gained from reading them, stating that if he were to enter Into an exhaustive argument of the matter it would be necessary for him to read extracts. He staled they were practically similar to those published by the men condemned in Chicago, denouncing the mlneowners Rererally, and individuals In particular, 11 u manner that was an incentive to ' inlrmf.. One of the articles in the fa mous declaration by Ed Boyce when he was president of the Federation stated ti:t he hoied to see the time when he would hear the music of the tread of 1T 000 armed men In the 'ranks of labor. UUhardson explained that Boyce advo Uf.o nothing more than bearing of arms for defense against attack, not to com mit crimes. Judge Wood announced he would let in some of the articles, but wished to take more time for reading the others before passing on all of them. it is an Interesting fa,ct that a deposi tion Is being secured from F. W. Brad ley which the defense hopes to intro ilute in refutation of Orchard's story. Hrndley would not make one unless the state were represented to crossexamlne, and F. A. Btone and Owen Van Duyn are down there for that purpose. In view of the interview given some two weeks ago by Mr. Bradley, it ijoes not seem likely .the defense will get much from him In this deposition that will benefit them. Hope to Get Fred Miller Back. The state is anxious to get Fred Miller back here so he can be put on the stand to explain how it was that he was sent to Orchard to defend him when he was held under the name of Thomas Hogan. He has taken the Bradley deposition and a good many persons think he will not re turn. A very interesting feature of the day's proceedings bearing upon the Miller case was the introduction of a letter show ing that the firm of Richardson & Hawk inn, attorney for the Federation. ot which K. F. Richardson is a member, knew that Orchard traveled under the name of Hogan. When Orchard .was get ting a commission as an agent of the Mutual IJfe Insurance Company to serve as a blind while he was endeavoring to kill Governor Peabody, H. N. Hawkins, of that firm, gave him a letter of recommen dation to the Denver agent of the com pany. He told of having known Thomas Hogan a long time, and could recommend btm very highly. It suggested a measure of knowledge of the character and mission of this man who Is now awitness for the state, and it suggests how It was that Miller was sent so promptly to defend this man arrested in Caldwell under that alias. Further, Orchard has testified that the Federation officials knew all his aliases, and it Is now shown the attorneys for the Federa tion also knew them, proving the state ment of Adams that the Federation offi cials were acquainted with them, and suggesting how It was that an attorney was sent In the manner that Is so well known. Money That W as Sent Orchard. Further. Orchard has testified, it was the understanding that an attorney would be sent to lilm if he should be ar rested anywhere. The letter from Pettis bone to Orchard informed the latter that the money he had sent for had been sent to Nick finipkins for him on December 21. One of the drafts purchased for Slmpklns and Introduced the other day was for- that amount and bore the date of December 3, the second figure of the date having been rut out by the bank punch. An effort will be made to get the exact date on which that draft waa is sued. Orchard testified that while in North Idaho he wrote to Mover at Butte asking for that amount, and Mover notified him he had forwarded his request to Hay wood. He further testified that 3impklns handed him the money. That payment is being connected up very closely. Judge Goddard's testimony today was most impressive. He not only told of the digging up of the bomb that had lain at his gate so long, but identified portions of Its contents which had been carefully sealed up soon after the bomb was ex humed and marked by him and Bulkiey Wells. The methodical way In which the record had been prepared for presenta tion when the time should come made a successful attack on cross-examination utterly impossible. CODDARD . IDKXTIFIES BOMB Prnmatic Incident When Infernal Machine la Exhibited in Court. BOISE, Idaho. June 13. The state to day made dramatic production and proof further corroboration of the testimony of Harry Orchard against William T. -Haywood, secured a ruling under which a number of the denunciatory articles published in the Miners' Magazine, official HAYWOOD organ of the Western Federation of Miners, will be admitted In evidence. To Justice Luther M. Goddawl himself fell the task of telling the story of the finding and preservation for use in evi dence of the bomb with which Orchard tried to kill him. His appearance on the stand adfed another to the many dra matic scenes and situations that have characterized the trial, and his testimony was clear and minutely circumstantial. The veteran Jurist testified that the first information that he received about the bomb came to him from Orchard's con. fesslon, which was shown to him at Den ver on February 13, 190$, by Detective McParland. He at once returned to his home and in his gate discovered the screw eye which Orchard said he placed there. It was rusted and corroded by 10 months' exposure. The witness said he examined the ground outside the gate where Orchard said he placed the bomb and found a slight depression, with the soil packed very hard around it. The bomb was dug up the next day by General Bulkiey Wells, who, using a pocket knife, cut the soil away and raised the pine box containing the bomb. There was a small phial on top of the box, and attached to the rubber cork of the phial was a piece of rusted wire. Bomb Is Exhibited In Court. - The bomb and its attachments were at once taken to the office of the Pinkerton Detective Agency and carefully sealed in wrappers and envelopes that were signed by half a dozen witnesses, including Jusi tice Goddard, and afterward they were placed in a vault, to the door of which five seals. Including that of a notary, were attached. There they rested until the following May 22, when, believing the Haywood case was to come to trial, they were removed in the presence of the same witnesses, and all save three of. the 40 sticks of giant powder contained In the bomb were exploded. The explosions oc curred in the presence of the witnesses at a point in the suburbs of Denver, and of the bomb itself, 12 giant caps and two wrappers torn from the sticks of giant powder were saved as evidence. Senator Borah produced the several packets as they were originally sealed, and commencing with the phial passed them to Justice Goddard, who broke the seals and identified the articles. After the phial came the little screw eye, then the dozen giant caps and last the powder wrappers. Attorneys Richardson and Darrow for the de fense objected to all the evidence and all the exhibits and moved to strike out everything, but the court ruled against them all along the line. - Orchard In San Francisco. Mrs. Seward, at whose house in San Francisco, Harry Orchard lived during part of the time he was conducting his operations against Fred Bradley, gave testimony strongly corroborating Or chard's account of his acts and experi ences in San Francisco. Besides con firming Orchard's recital as to time, movements and locations, she testified that she found lead and wood shavings in Orchard's room and a screw eye, string a,nd bottle attached to the closet door where Orchard had been experi menting. She said her lodger had a very heavy suit case and that she made up her mind that he was an inventor. John L. Stearns, agent at Denver of the Mutual Life Insurance Company, confirmed the story told by Orchard about securing employment as a solici tor for the company before he went to Canon City to kill ex-Governor Pea body, and produced leters of recom mendation, which Orchard furnished in response to his request. Orchard as Insurance Agent. One letter was from "Geortre Petti bone, a co-defendant of Haywood, and it made Jocular reference to the fact that Stearns was taking many agents from him and requested in the future that when any of his agents applied for work , they be put out on the sidewalk. Another letter was signed by Horace N. Hawkins, partner of Attorney Richardson of the defense, and it gave Orchard, then traveling under the name of Thomas Hogan, a very strong recom mendation as to character. The de fense objected to the admission of the letters, but the court permitted their Introduction as evidence. . Riley Harris, a young man who worked for Roach, the plumber who made the lead casing for the Peabody bomb, told of the call of Orchard at Roach's shop in Denver in May, 1905. of the making of the casing and of the delivery of the article to Orchard, whom the witness identified. The morning session was spent in arguing the admissibility of the edi torials and articles published by the Miners' Magazine, which the state of fered late yesterday. Each side took the Chicago anarchist cases as Its legal guide and justification, the defense pleading that the legal . propositions varied, the prosecution that they were on all lours Judge Wood wanted to see the articles and took a recess from 11 until 2 o'clock to look them over. After recess, he said that he had de cided to let certain of the articles go before the Jury and to exclude cer tain others. He will rule tomorrow as to the particular ones that are to be admitted and excluded. TAKES TIME KOIi DECISION Judge Wood to Decide on Admission of Magazine Evidence. BOISE, Idaho, June 19. The entire morning session of the Steunenberg mur der was consumed in hearing arguments on the admissibility as evidence of the editorial utterances of the Miners' Maga zine, official organ of the Western Fed eration of Miners, as to Frank Steunen berg and others connected with the labor troubles of the miners. On both sides the argument was based on the Chicago Anarchist cases, the defense contending that by no construction could the author ity in that case be made a guide here and -the state that it covered the very prop ositions Involved here. Judge Wood took the articles for examination and adjourn ing the trial at 11 o'clock, promised to rule at 2 o'clock In the afternoon. Senator Borah commenced the day's proceedings by offering and specifically naming the articles In he various num bers of the Miners' Magazine, which he offered in evidence. To the introduction of each exhibit the defense made general objection and stated that It would present spectflo objection to each. The general objection was that the evidence failed to connect the defendant with the murder of Steunenberg. The naming and describing of the ar ticles In the magazine took nearly half an hour. The . articles themselves will be read to the Jury later, if the court ad mit them as evidence. B. F. Richardson presented the argu ment for the defense against the admis sion of the magazine articles as evidence. He maintained that the articles offered by the state failed to show that the de fendant had. through these articles, con tributed anything that might lead to the murder of Governor Steunenberg. He ad mitted that some of the articles were in temperate in tone, but were nothing more than "ordinary newspaper abuse." Richardson Quotes From the Spies. Mr. Richardson quoted from the record of the case of "Spies vs. the People," and the ruling as to the admission ot news paper articles. In the case of the Miners' Magazine, he said, the articles did not compare In tone with the violence of the articles In the Spies case. Richardson read at length from the evidence in the Spies case, the letters from Herr Most to Spies and other violent matter published at the time. Throughout these letters and other matter force, dynamite, murder and wholesale revolution are counselled. Mr. Richardson pointed out that these "letters Attoll JL "the queen Apollinaris contains its own Natural Carbonic Add Gas which greatly assists digestion. The mineral constituents of Apotltn&ris also assist digestion. It is, 'therefpre, by far the best of the few naturally effervescent waters for . mixing with Wines or Whiskey; also with Lemon Juice, Fruit Syrups or Milk. were printed In anarchist newspapers published by tho defendants In the fa mous anarchist trials resulting in convic tion and execution. Mr. Richardson, reading of the an archists' revolutionary writings in the eighties, created a sensation. He gave declamatory emphasis to the fearful advice looking to the wholesale de struction of all who stood on the slde of law and order. It was a page from the criminal history of this country un read by a majority of those present in the courtroom, and the extremity of the language used by Johann Most in writing to Spies and by the defend ants themselves in their editorial was a revelation. The avowed pur pose of Richardson's exhaustive quota tion from the newspaper publications In the anarchist case, was to show the tamely abusive character of the evidence offered by . the state In the Aaflneris' Magazine. Continuing his argument, Mr. Rich ardson said that in, none of the articles In the Miners' Magazine was there di rect or implied connection with the murder of Governor Steunenberg, be cause of his course in Idaho, but he pointed out that "tens of thousands and hundreds of thousands of people in this country condemned or approved the course , adopted by Steunenberg, and that those wno condemned snoum not be held responsible for the Governor's murder." Articles Show Animus of Federation Senator Borah argued for the state that the xnagaziiies should be admitted because they showed the enmity of an organiza tion of which the defendant Haywood and the other .defendants were the offi cers. He pointed out that the state did not offer the articles as evidence, relying on them to prove their charge of mur der, but in order to help the Jury in. de termining, among all the circumstances. what was the animus of the western Federation of Miners, of which Haywood is the Secretary and Treasurer and the Miners Magazine the official organ. Senator - Borah, without quoting from the articles, said that these articfes did advocate' force and that they advised the members of the organization to arm them selves with rifles. He maintained that if the evidence of newspaper articles was admitted in the Spies case, the evidence of articles in the Miners' Magazine should be admitted, because in both caaes In the present case not less than in the case tried 20 years ago animus was shown and violence was advocated. Richardson closed the argument. He as serted that In no word contained In the Miners' Magazine, was there an advocacy of the use of arms, except in e elf-defense, a right allowed to every citizen and he forcefully argued that the criticism of a political opponent could not be construed as an evidence of murderous Intent. Judge Wood asked for a schedule of the exhibit and said that be would take the question of the admissibility of the evidence under advisement and would, if possible, render a decision at 2 o'clock. Court adjourned at 11 o'clock. Judge Wood said that unless the state had other witnesses be would not continue the case until he had reached a decis ion on the very important matter pre sented this morning. Senator Borah said that the remaining evidence de pended largely on the admission of the magazine articles. This necessitated an early adjournment. When the trial was resumed at 2 o'clock. Judge Wood announced that he waa not ready to finally pass upon the admissibility of the various articles from the Miners Magazine which the prosecu tion desired to place in evidence. I have had time to make but a hasty examination of the articles," said the presiding Judge, "and while I have de cided that some of them may be admit ted and others must be rejected, there are some as to which I am in doubt be cause of the insufficiency of the memo randa nanded me by counsel. i win not render a decision until I have the copy of the stenographer's minutes be fore me. I expect to have the decision ready by tomorrow morning.' To corroborate Orchard s testimony as to becoming an agent of the Mutual Life Insurance compariy, the prosecution In troduced John I. Stearns the represen tative of the company at Denver. Or chard said he was advised by Haywood, Moyer and Pettiboqe to. engage In life insurance solicitation as a blind to cover Ijis presence in Canon City while stalk ing ex-Governor feaDoay. Steams said Orchard brought him let ters of recommendation from George A. MEN OF AFFAIRS 3eed Proper Food to Supply tbe Brain. A medical Journal comments on the restless Drain -worker of our lance cities and refers to the fact that he thinks he knows as much about the needs of the brain, when he is tired and shows brain fag-, as a trained practitioner. He Is Inclines to spur up - the tired organs -by some stimulant or perhaps quiet hts complaint with some narcotic and this plan goes on until suddenly he collapses, for brain fas is a sure sign that the elements that compose the brain are being more rapidly used up than re placed by the food. There Is really a choice of but two pathways f6r an active brain worker a man of ' affairs when he shows symp toms of breaking down. Either he must quit work or he must have food that will replace the structure of brain and nerve centers as rapidly as they are used up each day. Chemical analysis of the particles thrown out through the pores of the body shows that after continued brain work, a large portion of excreta contain phos phate of potash. It is known that when this element is furnished by the food in proper quantities, the system unites it with albumen and from that compound makes the gray matter that fills the nerve centers and the brain. This is an especial feature of the food known as Grape-Nuts, a delicious, ready cooked and predigested breakfast food. A definite and well understood gain in brain newer and physical strength will set in after Grape-Nuts has been used eight or ten days, and sustained and continued brain work can be carried on if a reliance is placed upon this food in connection with the ordinary food of the day. "There" a Reason." Read "The Road to WellvUle," In pk.s. mans of table waters." Pettibone, from Horace N. Hawkins, law partner of E. F. Richardson, now representing the defendant, from J. C. Sullivan, president of the State Federa-, tion of Ia?or, and from Henry Cohen. These letters, together with the carbon copy of a letter written by Stearns to Pettibone -were offered In evidence by the prosecution. When Orchard's Word Was Good. The defense objected on the ground that the letters in no way connected Haywood with the death of Governor Steunenberg. Judge Wood overruled the objection and Senator Borah read ' the letters to the Jury. The letter from Mr. Hawkins, was a high commendation of Orchard, the attorney declaring Orchard or "Thomas Hogan," as ha was then known, to be a man of integrity. "I know nothing detrimental to his charac er." concluded Mr. Hawkins. The leter from J. C. Sullivan com mended Orchard as "a man whose Integ rity is unquestioned and whose general character is good." Henry Cohen, a Denver attorney, wrote of Orchard: "His integrity is of the best and his habits good." Pettibone wrote to Steams in reply to a letter from the latter asking as to Orchard's character. Pettibone wrote: In reply to yours of the 7th, In reference to Thomas Hogan: Tes. I am acquainted with Hogan. and I am also becoming acquainted with you. If any of my agents apply 'to you for positions you would do me a favor by show ing them the quickest way to the cellar, as I can use them very well. r On redirect cross-examination, Stearns said he took the letter as a Joke as sev eral of Pettibone's agents had been given employment by him. Orchard Partial, to Flshllnes. Mrs. Soward, of San Francisco, who condutted the rooming-house at which Orchard stopped when he was making the attempt on the life of Fred Bradley, was the next witness. She told of knowing Orchard under the name of Berry, and said she found In his room shavings of lead and wood and other evidences of the man's experiments in bomb-making. Orchard said he experimented In the room to find whether the opening of a door would upset the bottle of sulphuric acid necessary to fire the bombs of his design. Mrs. Soward said she found a flshline running from a screweye on the door to the cork of a small bottle. Mrs. Soward said she hesitated a long while before coming to Boise to testify. The detectives came to sea her 12 or 15 times about the matter. "What did you get for coming here?" demanded Attorney Richardson. "My expenses," replied the witness. Riley Harris, a young man who former ly worked tor the plumber Roach, who made the lead case which Orchard trans formed into the Peabody bomb, took the stand and said he personally delivered the case to Orchard, collecting $1.50 from him. The state here received permission of the court to file the names of several ad ditional witnesses, among them Justice Luther M. Goddard, of the Supreme Court of Colorado, and several officials of the Postal Telegraph Company. Goddard Identifies Bomb. Justice Goddard was then called to the stand to testify to the finding of the bomb which Orchard placed at the front gate of his home at Twenty-seventh avenue and Humboldt streets, in Denver. The bomb, a pine box, which has been intro duced in evidence, was uncovered. Justice Goddard said, by General Bulkiey Wells, ex-Adjutant-General of the Colorado mi litia. The box was dug up in February. 1906,. following Orchard's confession. Jus tice Goddard described the bomb in de tail. He said the bomb was taken, to the Pinkerton office in Denver. Justice Goddard told of the care taken to preserve the bomb intact. He identi fied the small acid bottle taken from the deadly machine which had been set for him. but for some reason failed to ex plode. The proposed assassination of jus tice Goddard had been planned precisely as the killing of ex-Governor Steunen berg was carried out, the string to upset the acid bottle being attached to the gate. The screweye taken from the .Goddard gate and sealed up in an envelope in the presence of the Justice was also identi fied by the witness, who opened the en velope himself. Next Justice Goddard opened a large l n ill n 131. ra U u. -,Ja.slslS, , ' ?m .'H,e fairest 08 nd most beau- j With Growing Force Conies The. Eilers Slogan FROM NORTH, SOUTH, EAST AND WEST ' l "Better Pianos for Less Money" 1 $N (L. 1 6TOC K CAI" A8TOK OB" f SAX ln&ANCISCO, CAL. ,, ii OAKLAND, CAI 0l81 ID' AWAXX. OR. J OR- PORTLAND, OREGON. v OB f TACOMA, WASH. PIANOS OF HIGHEST QUALITY AT LOWEST COST; GENEROUS TERMS; COURTEOUS TREATMENT; DEFINITE WARRANTY AND STRICTLY ONE-PRICE. The Eilers way of doing business on a mammoth scale, through a chain of many stores, throughout an immense territory, gives an advantage in buying, shipping, handling and distributing not shared by another firm in the United States. It means saving to the individual purchaser an amount equal to the entire profit of the average dealer. f See Eilers Floral Window Display I See the magnificent floral grand piano full size, made entirely of the handsomest roses and other flow ers the rustic bridge the beautifully designed globe together with a lavish rose exhibit, in honor of Port land's Rose Carnival. THE HOUSE OF HIGHEST QUALITY 353 Washington Street CORNER OF PARK, PORTLAND, AND STORES IN EVERY IMPORTANT PACIFIC NORTHWEST CITY brown envelope which contained 12 giant cape removed from the bomb. The caps, the witness said, were found Just beneath the acid bottle. Over the objection of the defense the caps were admitted in evi dence. ' The bomb contained 87 full sticks of giant and three cut-off sticks. Justice Goddard identified the covers of two Bticks of the powder removed from the bomb, and they, too, were admitted as evidence. Justice Goddard was cross-examined by Mr. Darrow, of the-defense. He said he was first elected to the bench by the Democrats and Populists In 1892, serving eight years. He went back under ap pointment of Governor Peabody in Janu ary, 1905, taking office April 5, 1905. and still holds office under that appointment. Mr. Darrow inquired at some length as to the contests between Peabody and Adams as to the Governorship, and as between two sets of city and county offi cers in Denver. Justice Goddard Bald he SEATTLE, WASH. was appointed the night of the conference at which it was decided that Adams should take the Governorship the next day. Wax Bore Pinkerton Seal. Mr. Darrow devoted his inquiry to bringing out the fact that there was con siderable feeling In Denver and through out Colorado over decisions by the Su preme Court in the election cases. "There was some pretty harsh talk about the court, wasn't there, and the editor of one paper was arrested and fined $1000?" asked Darrow. "Tes, sir,' said Judge Goddard. The cross-examination then reverted to the finding of the bomb. He said that when, he flrst .recelved Information as to the matter he examined the gate and found the rusty screweye. The bomb was dug up February 14, 1906. Judge Goddard said the bomb was sealed up as a whole on February 14, 1906, and left In the Pinkerton office until 1 1 SPOKANE, WASH. POSITIVELY THE BIGGEST, BUSIEST AND BEST IN ALL THE WEST May 22, when it was taken into the sub urbs and dismantled, all but three sticks of dynamite being exploded. The red sealing wax with which the bomb was sealed was obtained at the Pinkerton office. This concluded the cross-examination and the court ad journed until 9:30 A. M. tomorrow. Philip Novell, Pioneer. BUTTE. June 19. A Dillon dispatch to the Miner states that Philip Lovell. one of the well-known pioneers of Montana, is dead. He had become wealthy through stock business. Lovell was a prominent figure during the "violent days of Montana. jewis riatts, u. a. k. veteran. NEWBEKG, June 19. Lewis Platts, a Grand Army veteran, past 70 years of age, fell dead here today while standing talking to a neighbor. Death is sup posed to have come from heart trouble. w I I t 1 t I