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About The Nebraska advertiser. (Nemaha City, Neb.) 18??-1909 | View Entire Issue (July 5, 1907)
THE TRIAL AT BOISE Discrediting the Story of Crime as Told by Harry Orchard Goes on. A NEW THEORY ADVANCED 'ihey Attempt to Show That the Ex plosion in the Vindicator Mine Was an Accident More of Or chard's Threats. Boise, Idnho, Juno 27. William F. Davi3 of Goldfield, Nev., ono of tfio most-Important witnesses for the de fense of Win. D. Haywood, accused of the murder of IJrank Steunenberg was called to the stand at noon Wed nesday and his cross-examination had not been completed when court ad journed. Harry Orchard tostified that Davis led and commanded the mob (hat destroyed the Bunker Hill and Sullivan mill in 1899, inspired, as the agent of Haywood and Moyer, the Vindicator explosion and the train wrecking pJot at Cripple Creek, and was an accomplice In the Independ ence station crime. On direct examination by Clarence Darrow he went ovor the story of his working life, including the pathetic story of the death of his wife arid babe at Cripple Creek, at which he wept, and made positive denial of every statement of Orchard that In volved him or his assistants in any form of crime. He denied that he was even a member of the union when the Bunker Hill and Sullivan mine was blown up and at the conclusion of his general story swore that at Crip ple Creek during the strike Orchard told him of the Hercules mine affair and threatened to kill Steunenberg. The cross-examination of Davis by Senator Borah was severe and search ing and was chiefly devoted as far as It proceeded with the Bunker Hill and Sullivan affair and the circumstances under which Orchard made the tfireat against Steunenberg. Davis asserted that he remained at Gem the day the Bunker Hill mill was blown up and while he said he saw the train in charge of the masked mob arrive at and depart from Gem he could not name any one on the train except the engineer ,H"tton. He said there was no excitement and he made no in quiry about the mob. He said that he remained In hiding after the mill waa blown up because he did not want to be deported or thrown Into the "bull pen" and that he changed his name when he departed for Butte shortly after because he feared the mine own ers' blacklist made up from a petition that the employes of the Bunker Hill had sent to Governor McConnell pro testing against the unsafely of the mine. Borah showed that the peti tion had been presented six years be fore and that Butte was a federation camp where the blacklist was Ineffec tive. Passing to the threat Orchard made against Steunenberg the witness was unable to recall what anyone else iiad Bald on that occasion except the words of Orchard. Davis returns to the stand Thursday morning. Boise, Id., June 28. A ruling made Thursday by Judge Wood, while Ed. Boyce, for years the leader of the Western Federation "of Miners, and now a wealthy mine owner of -(he Coeur d'Alenes, was testifying in be half of William D. Haywood, may ma terially limit the showing of the de fense as to the existence of the counter-conspiracy against Haywood and his associates which it alleges. James H. Hawley, for the state, ob jected to. a general question as to the policy and practice of mine owners throughout the west In blacklisting union miners, and in the argument that followed, Clarence Darrow for the defense claimed the same latitude In proving counter-conspiracy that the state enjoined in showing a conspir acy. Mr. Hawley contended that the state had directly shown the existence of a conspiracy by Harry Orchard and by so doing had laid the foundation for and made the connection of all the evidence subsequently offered on the subject. He said that the defense was trying to show a counter-consplr " acy by proving various isolated in stances and certatin general condl tlons none of which were connected with the case and for none of which a proper foundation had been laid. In ruling the court accepted In part the contention of the prosecution and limited the proof of the defense along this line to events in Colorado and Couor d'Alenes connected with the case as now established. Ed. Boyce was the principal witness of the day and his testimony was chiefly devoted to the history, pur poses and work of the Western Fed eration of Miners. He denied the ex istence of an "Inner circle" or that there had ever been a conspiracy In the organization to do an illegal act. The chief importance of Boyce's cross ! examination wnk the production of a Bpeech by hjm at tjie convention of the federation hold at Salt Lake City Jn 1898, In which he s:ld that every uricn should have ti ritlo.club, ovoty member a rifle, so that the federation could march 25,000 strong In thejank9 of labor. I 0 Boise, Id.,, June 29. The attorneys for William D. Haywood continue to center their efforts on the discrediting of Harry Orchard and the establish ment of their claim that Orcard killed Frank Steunenberg In revenge for tho oss of his Interest In the Hercules mine. Friday-they directly attacked the Vindicator explosion with tho tes timony of a witness that made it ap pear accidental than criminal. Thomas Wood, a non-unionist, who entered tho, Vindicator mine as a timberman after the strike began swore that the night before tho explosion he placed a box containing 25 pounds of giant powder at the shaft of the olghth evel. He saw the powder tho 'next morning shortly after 10 o'clock and a few minutes later Superintendent McCormlck, and foreman Beck camo to tho eighth level. They remained but a short time and left to go to the sixth level where they wero killed. Vrood swore that when ho reached tho shaft 20 minutes later the powder was gone, and It is a reasonable inference that McCormlck and Beck took it with them. Wood testified that he had seen a revolver In Beck's pocket, that tho fragments of only one revolver wero found In the. sixth level and that the bodies of McCormlck and Beck wero blown apart indicating that the explo sion had occured between them. Or chard said that he fixed a revolver with a wire attachment so that when the safety bar was raised It' would send a bullet In the giant powder he had placed. One witness for the state has sworn that he later found a wire at tached to tho safety bar but Wood who was among tho first to reach the sixth level after the explosion, said that he carefully examined the safety bar and found nothing attached to It. Wood gave his testimony In a clear and forceful manner and told a thrill- ng story of the climb to safety of the .men cut off by the explosion below tho sixth level. William Easterly, who concluded his testimony Friday morning, and D. C. Copley, who was called Friday after noon, both swore that they hoard Or chard tell of the loss of the Hercules mine and threatened to kill Steunen berg for It. On cross-examination tho state scored them both and particu larly Easterly, who received letters and one telephone message from Or chard on the eve of the killing of Steunenberg, for remaining quiet when they knew a crime might be commit ted. Easterly contended that he did not know Steunenberg lived at Cald well, and explained thafliilthough he knew "Thomas Hogan" was Harry Orchard he took no steps immediately after the crime txcept to consult the counsel for the federation because, he was not an Informer, and Copley as serted that he did not take Orchard seriously when they met In San Fran cisco and he told him of the Bradley crime. There was a further showing as to tho work of the bloodhounds at Inde pendence, which the defense sent first to the house of a deputy sheriff and then down the road that Orchard took on his flight to Denver and on - to Wy oming, and denials and re-denials from Easterly and Copley of any form of misconduct on thexpart of the mem bers of tho Western Federation of Miners. Health of New Yorkers Menaced. New York, June 29. Believing that the health of the city was menaced by the strike of drivers of garbaco wag ons, Mayor McClellan late Friday went over the head of Commissioner of Street Cleaning Craven and placed the responsibility for the collection of garbage with tho health department. Friday night that department made a strong effort to re-establish sanitary condltlous. A strike of drivers for the American Ice company also went into effect and with garbage on tho sidewalks and no ice in many refrig erators some New York residents passed an unpleasant summer day. Disagreement in Standard Case. Flndlay, Ohio, June 29. The jury In the case of the Stato of Ohio against the Standard Oil company, charged wjth violating tho anti-trust laws, Friday morning reported to Judge Duncan that it had been found impossible to agree npon a "verdict. The court thereupon ordered the Jury discharged. According to rumor, the July when It first retired, stood G for conviction and C for acquittal. Sub sequently It is said, tho Jury stood S to 4 for acquittal and when, the dis agreement report was brought In tho vote stood 7 to 5. Tho case was glvon to the Jury on Weduesday last. President Roosevelt has signed the treaty regulating the custom matter of Santo Domingo. VIEW OF THE EARTH WHEN M R. GIVING AWAY It Is Said He Is Endeavoring to TERRITORY STORMSWEPT The Oil Region Around Tulsa Again Visited. Three Persons Killed Hundreds of Derricks Blown Down Property Loss Is $1,000,000. Tulsa, I.T. Three people aro known to have been killed, several aro re ported Injured and property lost to tho amount of at least $1,000,000 by a tornado which passed over this sec tion Wednesday, morning Tho dead are Frank Roper, and two unknown men, all oil-field workmen, killed by falling rigs The storm came from the north and was an old-fashioned twister. It traveled due south until it struck a hlU Just north of Tulsa, when 11 struck off southeast, through West Tulsa and Red Fork, from Rod Fork shooting south through, tho heart of the Glenn tteld The .loss of the lives occurred In tho Glenn field where also' was the great est property damage Mammoth steel tanks wore blown down, ono hundred derricks wero demolished, rigs and tanks were destroyed by lightning. Tho camp or the Gulf Plpo Lino com pany was wiped off the map and tho village of Klcfer, adjoining tho Glenn oil field suffered great destruction. Red Fork and the Red Fork Oil flold and Jenks, at the north limit of the Glenn oil field, were scenes of wreck and ruin. The Bform left a trail of destruction for a distance of GO miles north of Tulsa on its southward Journey.. Bar tlesvllle reports largo property loss and several people Injured. Several houses were demolished hi CollinsvlHe. The Bird Creek and Sklatuck oil fields were riddled. Over 150 derricks are reported down in tho Glenn pool and It is said all the oil derricks In the Osage nation have been swept away. Flfty-Xour derricks are reported down at Turley. lAt Maize houses wero overturned and brick buildings demolished. Remains a Myctery. Norfolk, Va. United States local inspectors of steam vessels Tapley and Bray Wednesday filed their official report on the Investiga tion Into the sinking of the steam launch of the battleship Minnesota the night of June 10 when six mid-, shlpmen and five seamen lost their lives. They say: "Wo have exhaust ed every avenue without results and are unable to determine the direct cause of the casualty." Box of Dynamite Explodes. Houston, Va. Tho premature explosion of a box of dynamite near Tola, Charlotte county, Tuesday afternoon killed eight persons and in-' Jured six others. For some distance around the scene, heads, arms and legs were picked up. One Italian was blown so far Into tho embankment that his body had to bo dug out with picks. Missouri Officials Enjoined. St. Louis, Mo. A temporary re straining order was granted by Clr cult Judge Taylor Wednesday prohibit ing the stato board of railroad com missioners from onforclng the provis ions of the Avery law, so far as it ap plies to the trade Inspection, weighing and grading of grain outside of pub lic elivatora. CARNEGIE GETU THROUGH LIBRARIES. ins fotwv. Gxten i His Operations to Germany.. INJUNCTION DISSOLVED. Oklahoma Supreme Court 8et Aside Judge Pancoast's Restraining Or der Election May Be Held. Guthrie, Ok. Tho Oklahoma su preme court Tuesday Afternoon dis solved the injunction Issued by Judge Pancoast restraining tho constitutional convention from submitting to a voto of tho pcoplo tho constitution drawn for tho proposed now stato of Okla homa. Tho convention doubtless will now bo called together Immediately and a now date set for tho election set. The court also held that It had no jurisdiction over tho formation of new counties as provided In tho con stitution. Tho division on this phase was 5 to 2. Tho finding of the court Is a complete victory for tho conven tion, which was prevented by tho In junction Issued by District Judgo Pancoast from submitting tho consti tution for tho proposed state of Ok lahoma to the votors on August G. I if 'the plans of tho Democratic loaders are carried out the convention will be reassembled Immediately and a now dato for tho election named. Turned It Over to 8mlth. Oyster Bay, N. Y. Juno 27. Tho telegram asking President Roosevelt to Investigate all alleged violations of tho antl-tniBt law by the tolograph companies, received Tuesday from tho Washington Central Labor union, was Wednesday transmitted to Herbert Knox Smith, chief of the bureau of corporations of tho department of cam morce and labor. No instructions were given Mr. Smith. This telogrnm is the only one the President has ro celved on tho subject. For Shooting at a Judge $100. St. Louis, Mo. In the case of Rosa and Clara Weil, charged Jointly with assaulting to kill Judgo Jesse A. McDonald of the circuit court, as ho sat on the bench, January 2, a Jury In criminal court Friday fined Rosa Well $100 and acquitted her sister. The girls admitted firing the shot at the judge. They were said to have been dissatisfied with a decision of Judge McDonald regarding the dlvis Ion of their father's estate. No Rer.rJts for the Japs. San Francisco, Calif. The board of police commissioners Thursday denied the application of five Japa nesBfor-tho privilege of renewing their permits to keep Intelligence of flees, In this city and rofused two Japanese applicants who doslred to obtain now permits for the same business, on the ground that tho ap pllcants were not citizens of the United States. Schmltz Again Arraigned. San Francisco, Calif. Beforo Judgo Dunne Friday Mayor Schmltz was arraigned on two Indictments, ono charging him with accepting a brlbo of $3,250 from the officials of tho San FranclBCo Gas and Electric com pany, the other charging him with accepting a bribe of 85,000 from tho United railroads. Judgo Dunne set July It as the dato on which tho may or will answer those Indictments. Americans Took Prizes in France. Nogont lo Rotrou, Franco. At tho show of the Percheron society of Franco, all first prlzoB, except one, In tho stallion class, were awarded to McLaughlin brothers, Americans. MR. TAFT DENIES RUMORS The Secretary Says Panama Canal Affairs Are All Right Admits, However, That Lest Work I BelngAcMmpllshcsl and That Chiniesre Contemplated. WaallnKtoji, P.5.C. "H 1 a tis sue of fakithootf," said Secretary Taft, Friday, when his attention was called to the reports of dissatisfaction on tho part of tho administration of tho man agement of affairs' under tho Isthmian canal comtliissibn and of tho Intention' of tho of flcora engaged In Jpiat work to relinquish It and return to tno United States. Continuing the secretary said: "Tho work appears to bo progressing finely. It is truo that in a rocont nwnth tho excavations mado under Col. Gootlmls woro 150,000 cubic yards 038 than under his predecessor but this was duo to a strike and to other causes beyond his control. Col. Goe thals will have all tho help In tho way of army officers he may need. His as' slstanta I am lenving to his own se cctlon." 'What about David W. Ross, tho re tiring genoral disbursing agont?" was aBked tho socrotary. 'Mr. Robb' resignation was not asked for," tho secretary roplled. "His work has boon In every way satisfac tory and ho waB ono of tho most ef ficient officers we oyer had. Because of his private busings Mr.RoBs want ed to leavo the commission Juno 1, but I wanted him to stay at least until July 15." Secretary Taft declared that the resignation of Engineer Ripley was voluntary. "Ho and Col. Goethals Aid not agreo as to the charactor of some works, and Mr. Ripley retired," said the secretary. "Ho bad been design- ng somo locks. Nor has General Managor Bird of tho Putiama railroad roMgnod as has boen reported. If Jackson Smith, tho commissioner who has chargo of all the labor on the sthmus, has resigned," continued the secretary, ,4I don't know It. There is no truth so far as I know, In the re ports of his resignation." "As to Mr. Bishop, tho secretary of tho commission who is now on duty at Washington I am not prepared to Bay what his future assignments will be. That will bo determined next week." Suits Against Railroads. Washington, D. C. By direction of Attorney General Bonaparto United States attornoys In various districts throughout tho country will Institute at tho earliest practicable dates, suits against a largo number of rail- roas to recovor ponaltleB for viola tions of tho safety appliance law. Information upon which the suits will be bn'Bed was reported to tho Inter state commerce commission by its safety appliance Inspectors. Judge Attempts 8uicld,c San Francisco, Calif. Overcome with grief and humiliation at tho ac tion of the bar association in recom mending that he be impeached for gross intemporance it he did not im mediately resign Superior Judge K. C. Hebbard tried to take his own life Tuesday in his chambers at the tem ple Israel, He watt Baved frdm death after he had pressed the barrel of a rovolyor against his temple by a reporter, who took the weapon away., A Soldier Shot In Cuba. Havana, Cuba. During a clash with police at Holguln, Santiago, Wednesday night, resulting from the alleged refusal of four American sol diers of the Eleventh infantry to pay for drinks, Corporal P. J. Green was shot and mortally wounded and his companions were arrested. Deported the Mutineers. Vlllafrancho. Franco. Troons and gendarmes lining tho route prevented a popular demonstration as 620 men of tho mutinous 17th Infantry marchod Wednesday to the wharf whore they embarkod on cruisers for Sfax, Tunis. So soon as tho men were on board tho crulsors headed out to sea. In Conference With President. OyBter Bay, N. Y. Secretary Taft" spent four hours with President Roosevelt Tuesday and said as ho left Oystor Bay to attend tho Yale commencement that a number of Im portant matters relative to Cuba, Panama and tho Philippines had been concluded. Have Grievances There, Also. New York. Tho oxecutlvo com mittee of tho Commercial Tele graphers' union Tuesday offered to aubmlt their grievances to the PoBtal Telegraph company. Complaint waa also made that the company had not fulfilled Us agreements with its men In Chicago.