The Sunday Oregonian., June 16, 1907, Page 3, Image 3

THE SUNDAY OREGOXIAX. PORTLAND, JUNE 16, 1907.
HOLDING ITS FIRE
IN HAYWOOD CASE
(Continued Front First Paje.)
Orchard testified; testimony showing
that at various times In 1905. Haywood,
Pettibone and Orchard were seen to
gether, a general confirmation by
William Vaughn . of the trip that
Orchard and Vaugrhn made to Canyon
City: and lastly, proof that Steve
Adams was at Pocatcllo in September,
presumably to meet and throw "Petti
bone dope" at a carload of non-union
miners.
Judge Wood is to go to Caldwell on
Monday to continue the case of Harry
Orchard, charged with the murder of
Stcuncnhcrg, and there will be no ses
sion of court here on that day. Orchard
will be taken to Caldwell to make
formal appearance when the case is
called.
HAYWOOD LINKED WITH CASE
Telegram anu Drafts iii Evidence.
Peabody's Bomb Identified.
BOISE, Idaho; June 15. The seats out
side the bar were not more than half
filled when court opened this morning for
the Haywood trial. J. T. Pender, the de
tective from Ogden. who arrested
Steve Adams in a .fruit car at Ogden.
was recalled. Senator Borah stated to
the court that in the statement made
by Orchard and the testimony of Mr.
Pender upon the stand yesterday that
Steve Adams sent a telegram to Hay
wood, thus linking Steve Adams as a
co-conspirator with Haywood, the
slate had established the right to intro
duce Mr. Pender's testimony as to his
knowledge of the contents of the tele
gram. Judge Wood said lie had no doubt
s to the admissibility of the evidence,
but ruled that the state must lay founda
tion to show that the original telegram
had been destroyed. Mr. Borah argued
at some length and quoted authorities.
Mr. Richardson argued that there was
no possible rule of lav under which the
evidence could lie Introduced. For the
sake of argument, he admitted that
Adams sent the telegram to Haywood
when he was stranded and beating his
way back to Denver from a mining
camp In California, but maintained that
this could not be strained to mean that
a conspiracy existed between Steve
Adams and Haywood. The court ad
mitted the testimony as a declaration
from Steve Adams, whom the state sets
tip as a conspirator. The telegram
read:
W. r. Hays-nod. Tienver, Colo.: I am In
trouble. Send me T5 at once. Steve Adams.
Pender was briefly cross-examined
nd left the stand.
Many Drafts Sent Slmpklns.
J -. Houston, assistant cashier of
the First National Bank of Denver, was
called. He snid that the Western Fed
eration of Miners did business with his
bank and identified Haywood's signa
ture on five drafts vmlch were marked
for Identification. The drafts were In
favor of L. .1. Slmpklns and were pur
chased on the Mechanics National Bank
of New York, the Park National Bank
of New York, the National Bank of
Commerce and the First National Bank
of New York. All the drafts except
one were signed by Haywood as secre
tary and treasurer of the Western
Federation of Miners. Another draft
Introduced was signed by James Kir
waii. assistant secretary and treasurer.
Rlt-hardson objected to the Intro
duction of the drafts because immate
rial and had no connection with the
murder of Steunenberg, He read from
the face of the drafts.
The dates and amounts of the drafts
follow. January 27, 19M, $93.20, Mechan
ics National Bank of New York, by Wil
liam D. Haywood and indorsed to I J.
Blmpkins, cashed by the Webber Bank at
Wardner; January 18, 1905, $62.50, National
Bank of Commerce, New York, by Wil
liam D. Haywood and Indorsed to L. J.
Slmpklns, cashed by the Webber Bank at
Wardner; January 26. 1905. 1319.80, First
National Bank of New York, by James
Kirwan. Indorsed to L. J. Slmpklns and
cashed by the Exchange National Bank at
Coeur d'Alere: October 29, 1905. $115.60. Na
tional Bank of Commerce of 'ew York,
by William D. Haywood arid Indorsed to
L. J. Slmpklns, cashed by the Kxchange
National Bank, with the additional In
dorsement of Frank Tlbbals; December
2 tsecond figure cut out). 1905, 100, Me
chanics' National Bank of New York, by
William D. Haywood and indorsed to L ,
J. Slmpklns. cashed In the Spokane &
Eastern Trust Company, with an addition
al Indorsement; January 17, 1908, $166.35,
National Bank of Commerce. New York,
by W. D. Haywood and Indorsed to L. J.
Slmpklns, cashed by Matilda Slmpklns
(wife) at Traders' National Bank of Spo
kane. Must Show Connection.
After some argument. Judge Wood ruled
that on the state s showing the connection
between Slmpklns and the defendant he
would admit the drafts as evidence.
Ts-enty-one other drafts were Intro
duced and the signatures were identified.
They were not Introduced In evidence and
were only marked for identification.
The bundle of drafts was examined
very closely by Haywood, who con
ferred with Clarence Darrow on each
one.
Tn cross-examination Mr. Houston said
that thousands of drafts were sent out
In the course of a year by Haywood or
In his absence by Kirwan, his assistant.
aylor Tells of Vindicator Affair.
Major H. A. Naylor. of Victor, Colo.,
assistant secretary of the Mlneown
ers Association, was the next witness.
At the time of the explosion In the
Vindicator mine he was an officer
In the National Guard of Coloraio. He
went Into the mine shortly after the
explosion. Fragments of a pistol with,
which Orchard said the mine In the
sixth level was fired the Major found him
self. They were offered In evidence,
objected to and admitted.
Major Naylor also identified a piece of
wire found wrapped around the guard
rail, the lifting which. Orchard said,
pulled the trigger that fired the pow
der In too Vindicator.
I'nder cross-examination the Major said
the National Guard was called out in
September. 1905. during the Cripple Creek
strike. He was in charge of a camp about
a mile from the Vindicator, and a detail
was on duty near the shaft.
Mr. Richardson asked the witness if he
knew anything of the detailing of four
men to slioot up the tool shed of the Vin
dicator. In the course of his examination,
Riclmrdson insinuated that the defense
would try to show that the Vindicator
owners sere behind in the payment of
their assessment to the Mine Owners' As
sociation, and that the soldiers were em
ployed to create disturbances and de
stroy property which, the Mlneowners'
Association laid to the door of tile West
ern Federation of Miners.
The witness said he knew nothing of
any arrears due from the Vindicator mine.
He is now assistant secretary of the Mine
owners' Association, but was not con
nected with that organisation during the
strike. The witness was asked If he did
not have a decided anlmosltsf against the
members of the Miners' Union.
He Did 'ot Deport Miners.
"I don't know that I have." replied
Major Naylor.
"Were you with Major Tom MeClel-
Innd when he said 'To h 1 with the
Constitution?'"
No, sir."
; "Or. with. Sherman Bel when b.e said
To h 1 -with habeas corpus; we'll give .
em post-mortems?' " . .
"No. str."
"But you heard of these statements?"
"Yes, sir."
Major Naylor declared he had nothing to
do with the actual deportation of union
miners from Cripple Creek, although he
made many arrests, some of the miners
so arrested being men of family. He i
said he succeeded Michael Connors as
Marshal of Victor, Colo. j
"And yu were appointed because of j
your well-known hatred and animosity ;
toward the Western Federation of Min
ers." declared Richardson.
"I don't know that I was."
Major Naylor was asked as to the char
acter of various men who served under
him as Marshal, among them "Kid"
Waters. Jim Warford, Jack Bowman :
and others questions as to whether :
or not these men were known as pro- 1
fessional "gun men" were ruled out
by Judge Wood. Mr. Richardson devel
oped the fact, however, that Warford is
now in the Penitentiary. Major Naylor
denied ever having known Tom Hogan
or Harry Orchard.
Richardson Shows His Hand.
Mr. Richardson here indicated the pur-
pose of the defense to attempt further .'
to connect the Mineowners Association
with the outrages In Cripple Creek, this
'time with the Independence depot explo
sion to which Orchard has confessed on
the stand. Implicating Steve Adams.
The attorney wanted to know if Major
Naylor had not attended a meeting with
Orchard and others, at Victor, the even
ing of June S. 1904, and if he had not in
formed the militia to be ready that
something -was going to happen. Major
Naylor denied that he had ever attended
any such meeting and said the militia
was not on duty at the time.
"But you were anxious to get the
militia beck, were'nt you?"
"No, sir; there was no reason to have
them there."
Mr. Richardson next attempted to show
that as Major of militia. Major Naylor
took all of his orders from the Mine
owners' Association, but the witness de
clared he knew of no orders coming from
the association at any time.
TCx-Governor Peabody. who was in
office at the time of the Cripple Creek
disturbances, entered the courtroom while
Major Naylor was under cross-examination.
He was accompanied by his wife
and daughter. They were given seats In
side the bar, a few feet behind Haywood.
Looting of Union Stores.
Major Naylor said the troops were or
dered into Cripple Creek September 4,
1903. but there was no disorder until No
vember 15, when the spike-pulling matter,
or alleged attempt to wreck a Florence &
Cripple Creek train, came up.
Major Naylor said he heard about the
loottng of union stores by soldiers but
had nothing to do with It; In fact, the
body of the militia was not on duty at
the time the local company was the only
soldiers in the territory. Some of these
soldiers, he added, were blown up on the
platform of the Independence depot.
"After the union men were deported
from Cripple Creek," asked Mr. Richard
son, "did you wear one of these buttons
which read: 'They can't come back?' "
"No. sir."
"Did you sing the song that ended up
that way?"
"No, sir, I never heard of the song."
Mr. Borah questioned the witness
briefly on redirect examination.
"Do you wear, or have you worn, a
button entitled. 'I am, one of the unde
sirable citizens?' "
"No, sir," said Major Xaylor, with a
smile. "I've never seen one of those."
"Maybe he doesn't need one," chimed
in Mr. Darrow of the defense.
"But there are others who do," retorted
Mr. Borah.
. "Well, then, maybe we'd better get
him one," drawled Mr. Darrow.
Major Xaylor said he made an investi
gation of the blowing up of the Inde
pendence depot, where 14 men were
killed. The only clues he found were a
wire and a chair-round, to which one
end of the wire was attached. The wire
led some distance up a sidetrack, from
the depot.
Riot at Victor.
On redirect cross-examination, Mr.
Richardson wanted to know if Clarence
Hamlin, secretary of the Mlneowners'
Association at the time, did not start the
riot at Cripple Creek the day of the
Independence Depot explosion by a
speech, in which he urged the people
to drive the Western Federation men
out of the district.
Major Naylor said he heard nothing of
the sort, that Mr. Hamlin had spoken
only three minutes when the shooting
began.
"And then the militia rushed out. and
the first thing they did was to riddle
the union hall, wasn't It?" asked Mr.
Richardson.
"That was not the first thing, no sir."
The hall was fired on, wasn't it?"
asked Richardson.
"Yes, sir; but not very many times."
"How many?"
"Oh. 60 or 100."
"You bombarded the place?"
"Well, the miners bombarded us from
the place and we bombarded them in the
place." said Major Naylor, amid a ripple
of laughter.
Major Naylor said he never heard of
any men being flogged 'before deporta
tion. The Major was asked with reference to
the deportation of some men In Decem
ber. 1904. He said they were not miners
at all, just hangers-on.
"They certainly were undesirable citi
zens." said the witness.
"But you determined their undeslra
bility yourself?" suggested Mr. Richard
son. "There wasn't any chance to doubt,"
declared Major Xaylor, who then was ex
cused. The next act of the prosecution was to
prove the finding of the Peabody bomb
which Harry Orchard said he had taken
from Denver to Wallace, Idaho, with
him. At Wallace he gave it to a man
named Cunningham, who wanted it to
blow up a "-'scab" boarding-house. Cun
ningham ' was instructed by Orchard to
throw the bomb Into the river if It was
not used.
Today W. H. Sciiulenburg. formerly
a fireman at Wallace, told of finding the
bomb while cutting lee In a branch of
the Coeur d'Alene River, in front of
the Wallace fire station. The river is
about 1 to 12 Inches deep at this point.
Mr. Schulenburg turned the bomb over to
Sheriff Angus Sutherland, of Shoshone
County.
Mr. Sutherland was the next witness. He
told of unloading the bomb, which was
packed with 25 pounds of giant pow
der. The lead casing of the bomb,
which has been in evidence since the
first days of the trial, was Identified
by both Mr. Schulenburg and Mr. Suther
land. Not the least Interested of those who
gazed upon the murderous-looking
missle was ex-Governor Peabody, for
whom the bomb was intended. The
Governors wife and daughter also
looked on wide-eyed.
Mr. Sutherland told of taking the bomb
to the Pinkertonsj In Denver and then
returning with It to Idaho.
The defense moved to strike out all
testimony as to the bomb as imma
terial and not connected with the de
fendant. Haywood, in any way.
The motion was denied.
John Dunn, Postmaster of Wallace,
who was present when the bomb was
unloaded, took the stand and corrob
orated Mr. Sutherland's testimony as to
contents.
Next came the man who made the
lead receptacle, which afterward
formed the Peabody bomb. He was
Charles T. Roach, a plumber, of Glen
wood Springs. Roach was in business
In Denver. In May, 1905. when he re
ceived the order for a sheet lead ressel,
nine Inches tn diameter and It Inches
The AJAX STEEL RANGE is a model of simplicity. The body of the range is made of highest
grade of blue planished steeL This steel will not rust, chip, peel or turn white when heated. It will
not warp, break or crack. The walls are double, and heavy asbestos is used as an interlining to
prevent heat radiation. The AJAX STEEL RANGE is made to suit the housewife, and every new
improvement has been carefully thought out and each new feature is practical.
ZxtplaTDeep.
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high. "I asked him what he wanted It
for." said Mr. Roach; "and he said he
wanted to plant a cactus yn it.
Roach was handed the bomb, and after
a minute examination of it, said It -was
the case he made. The plumber witness
said he could not identify the man who
ordered the vessel. He was not cross
examined. . Miss Peabody Saw Orchard.
Miss Cora May Peabody, the second
daughter of ex-Governor Peabody, and a
strikingly handsome girl, was here
called to the stand to testify as to the
time Orchard said he and an accomplice
stole up behind Governor Peabody's car
riage one night early in 1904, prepared
to shoot the Chief Executive of Colo
rado. Only a party of women alighted
and Orchard ran away. Miss Peabody
sald that she and her mother and sister
had been to the theater one evening.
Upon their return home they alighted to
find two men almost at- the carriage
door.
Ex-Governor James H. Peabody was
called. His testimony was brief. He said
Harry Orchard had been pointed out to
him on one occasion. He saw Orchard
on the streets of Canyon City after the
Peabody family went there to live.
There was no cross-examination of Mr.
Peabody. '
The next witness was E. S. Raymond, a
special police officer of Denver, who testi
fied that in 1905 he saw "Thomas Hogan"
or Harry Orchard In company with Hay
wood and Pettibone several times, usu
ally In the evening.
Orchard's Former Partner.
The next witness was the Insurance
solicitor, W. J. Vaughn, who Orchard
said in his testimony was with him In
Canyon City when he went there "to
get" ex-Governor Peabody. Mr. Vaughn
and Orchard later traveled together, mak
ing considerable money writing "hall
Insurance" for farmers.
Mr. Vaughn said he was now in the rail
road business as a train service man
for the Soo line. He first met Or
chard at the Belmont Hotel. In Den
ver, under the name of Dempsey. When
he met and roomed with Orchard In
Canyon City. In the Spring of 1904, the
man had taken the name of Thomas
Hogan.
In Canyon City Mr. Vaughn said he
heard a clock ticking In the room, but he
could not see it. He asked Orchard about
jt, bu.t got no information at the time. He.
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fen1 '
LW- Hit mL'Sfl rtf an?- ?l7 WiWA. tit fU M..M.afl,Uttim fT - -
CLOSED
Jiwwrfb m i.r i it i rm i ,
$1.00 Down; $1 Per Week
later had to move Orchard's grip, and
found tt very heavy.
"In a Joking way. Orchard told me he
had a bomb in the grip and was going
to put it under a man across the street,"
said the witness. In Canyon City Orchard
pointed out Governor Peabody's residence
to the witness.
On cross-examination Mr. Vaughn Mid
he and Orchard worked hard to write life
insurance while in Canyon City, but were
not successful. "Did Orchard point out
other residences than Peabody's In Can
yon City?" asked Mr. Richardson.
Thought Orchard Was Insane.
"Yes, sir, but I became suspicious of
him right there."
"From that or from several things?"
"Several things."
"But you continued to go with him?"
Yes. I thought he was indiscreet and
Insincere."
"He acted erratic?"
"Ye3." '
"You thought he was nutty, didn't
you?"
"Yes. flir; I thought he was 'bug
house,' " replied the witness.
Mr. Vaughn, who now lives In Minne
apolis, said he was first approached
about coming to Boise by a Plnkerton
detective. He reported to Detective Mc
Parland upon arriving here. -
On re-direct examination he said he
was a union labor man a member of the
Order of Railway Conductors. Speaking
further of his suspicions . of Orchard.
Vaughn said he became convinced the
man was not a gentleman. The answer
was stricken out as a conclusion and not
a fact. There was some laughter at this
new charge against Orchard.
What Haywood Told Him.
The next witness was George W. Rich,
a hotelkeeper at Pocatello, Idaho. Or
chard said that In 1903 Haywood told
him be had sent Steve Adams to Pocatel
lo to throw some "Pettibone dope" or
Grecian fire Into a car of nonunion min
ers expected through there. The witness
said Adams stopped at his hotel In Sep
tember, 1903, under the name of Ward
He identified Adams from his appearance
in the courtroom yesterday. This ended
the taking of testimony for the day.
Mr. Richardson asked the prosecution
for an idea as to when the defense should
have its witnesses In Boise.
"You had better get them here by
Wednesday morning," said Mr. "Borah.
The announcement was a decided sur
-.aii.girjn-TTiin'i w ---e- ..-SC--v' C NTI MM slllW
PfrOTECTTNCi FLOOR TZ-VEPPACE.
prise to everybody. Kven Judge Wrood
was taken aback, for he said;
"There will be no session Monday, Sen
ator Borah; the court has to go to Cald
well that day."
"We still think we shall get through
by Wednesday morning," replied the
prosecution. This means but one more
day to be occupied by the state.
It was 2:S2 P. M. when court adjourned
until 9:30 o'clock Tuesday morning.
AJLIi LEGITIMATE EXPENSES
Kirwan Says Nothing Wrong About
Draft Sent Simpkins.
DENVER, June 15. Secretary James
Kirwan, of the Western Federation of
Miners, who left for Boise today, where
he will be a witness In the Haywood
trial, made the statement this after
noon that the attempt of the prosecu
tion at Boise to show there was any
thing wrong In the drafts sent to J. L.
Simpklns would be abortive. He said
Simpkins was an organizer of the Fed
eration and a member of the executive
board; that all the drafts sent him
were legitimate expenses in these
capacities and there never had been any
secret about It.
F.veryone of these payments bad
either been published in the reports of
Haywood or himself as secretary-treasurer.
All the expenses were itemized,
he said, and are public property. The
same may be said, he concluded, of
many other expenses about which the
prosecution Is seeking to throw a
cloud.
Says Simpkins Is In La Grande.
' LA GRANDE, Or., June 15. (Spe
cial.) A stranger, whose name cannot
be learned, last evening stated posi
tively to Chief of Police Walden that
Jack Slmpklns, Harry Orchard's ac
complice, was In this city. A close
lookout has been kept by the police de
partment today, but no one answering
Slmpklns description has been seen
and little credence Is given the story.
The Duke of Abrnzxl pronounces It a,
though it were spelled "Ah-broot-ze."
with the accent on the second syllable. Al
though onlr 54 years old, he has done a
deal of hard work and has had many
hazardous experiences- He Is the eon of a
I Spanish King who abdicated under pressure.
TO)
irk
sum
War.,
11 R8T-
E
DOCTOR'S JOKE TAKEN IN" EAR
NEST BY ST. LOIIS.
Exploited by Newspaper, It Enlists
Army in War on Vermin Seri
ous Results Possible.
ST. LOUIS, June 13. (Special.)
Rodent hunted their holes in St. Louis
tonight. A large part of the city's
population turned out In a general raid
to exterminate rats as the result of
what was started as a belated April
joke. Hundreds of men and boys par
ticipated In the wholesale attack, but
whether the slaughter was in propor
tion to the number of credulous per
sons who engaged In the war is not
yet known.
Two weeks ago a newspaper man
bewailed to Dr. John O. Harper that
he was "shy of dope."
"You say you are out of news?" said
the Doctor. "Why don't you start a
crusade on rats In St. Louis? The
town is becoming alive with rodents,
which have become so ravenou that
the other day they fought with the
workmen tearing down the Exposition
buildings for possession of their
lunches. Here Is your chance. Get
busy, and you've got a good story."
That evening bold headlines In
double column layout announced that
a crusade against rats had been
planned for the city and that Saturday
night was the time set for the work
of wholesale slaughter. AH of today
men and boys waged war upon the
common enemy.
Dr. Harper laughed tonight. He
said the story was the result of a Joke,
but the Joke may culminate In another
kind of plague. Unless the carcasses
are promptly removed, the warm
weather will soon cause them to de
cay and induce sickness. Dr. Harper
said he did not think of that end of It.
Hnge New Prison for New York.
NEW YORK, June IS. The city, has
p
n
TRIMMING
Check. ufuft
AftC'KEli.. PLATED
TEA..3H&jmppBNi
VttpCAu. Damper
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end. Shelf'
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CASTlRON
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BOTTOM,
'Asbestos Liking
HOUSE OF
'DIGNIFIED
CREDIT
accepted from a jury of architects a
design for a new $4,000,000 peniten
tiary on Rykers Island for ehort-term
prisoners. The prison will be a model
of its kind and one of the largest in
the world. There are to be 2000 cells
in the building.
Among the features will be a pow
erful searchlight, by which when an
"escape" Is sounded, the whole island
and river may be illuminated. .i
Aberdeen School Year Ends. -
ABERDEEN, Wash., June 15. Com
mencement week of the High schoof
opened at the Grand Theater last
night w,vii the presentation of a play
by members of the class to be grad
uated. Tomorrow morning the bacca
laureate sermon will be preached br
Dr. Greene, of the Episcopal Church.
Next Monday night Governor Mead
will deliver the annual address. The
class numbers 23.
Plans for $20,000 Edifice.
ABERDEEN. Wash., June 35. (Spe
cial.) Plans have been drawn for a
church to be built by the Presbyteri
ans at a cost of $'i.0.)0.
Peculiar to Itself
In selection, proportion and combination
of ingredients.
In the process by which tbeir remedial
slues are extracted and preserved.
In effectiveness, usefulness and economy.
Curing the widest range of diseases.
Doing the most good for the money, '
Having the most medlclnar men:, t
And the greatest record of cures,
Hood's Sarsaparilla
In usual liquid form or In chocolated
tablets known as Saraatab. 100 doses fl.
COFFEE
One coffee's as bad a3
another with a bad cook. I
Tear (rarer Mm row sseaer If res 4ea J
UU ScJiJliai ' &eej; m v lis.
t