The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-19
ORCHARD FOLLOWED BY
Ed BOYCE ON THE STAND
Continued from Page 4.

| examination that Haywood had spo-
ken of correspondence with Mrs. Or
chard.
IF there is any question of this be-
ing proper redirect the court will allow
/ the state to reopen" said Judge Wood,
very positively, notwithstanding the
attempt on the part of Clarence OAR
row to continue the argument
Orchard said that an arrangement
was made through Pettibone with Hay
wood that Mrs. Orchard should be told
that Orchard had gone to Alaska. Or
chard said that he wrote the letters
just before leaving for Idaho to kill
Steunenberg. Orchard said one letter
was so written in Denver and handed
to Paddy Mulliney, who was organizer
for the Western Federation of Miners
at Cripple Creek. Another letter was
also given, Orchard said, to Marion
Moore, who took it to Nome, Alaska
aid mailed it there. Marion Moore was
an agent of the Western Federation of
Miners who went to Alaska to organize
the miners.
Admitted Under Protest.
Al this point three letters were
marked for Identification under a run
ming fire of protest from the defense
Judge Wood, however, overruled all the
objections.
The letters written by Orchard and
sent to Mrs. Orchard through Paddy
Muiliney to Cripple Greek, were of
fered in evidence. Counsel for the de-
Tense and Haywood were i'm consulta-
ton over the letters for ten minutes
An objection was made 10 both letters
because they were private correspond
ence between Orchard and his wifesand
had no bearing on the case against
Haywood.
Judge Wood during the pause said
that he would allow the photographers
a last opportunity to disturb the pro-
Cecdings, and a situation that was be-
coming somewhat tense owing to the
very apparent earnestness of both sides
over the documentary evidence, the
state to get it in and the defense to
keep it out-was relieved, Mr.. Hawley
complaining that the photographers
thus far had shown only the back OF
his head.
Judge Wood carefully read the let
tiers offered in evidence, and after
some minutes consideration he admit
ted them.
Dates Left Blank.
Another letter was then introduced,
1t was a letter from Orchard to his
wife mailed at Nome. Orchard said he
wrote the letter in Petitioners store in
Denver, leaving the date blank, and
gave it to Marion Moore, a member of
the executive board of the Western
Federation of Miners, who was going
to Nome. IT was agreed that the date
should be filled in when Moore got to
Nome Orchard said he was never in
Alaska or Nome
When the prosecution offered the
next document q decided stir showed
that the interest in the court room was
aroused. Two letters were handed TO
counsel for the defense. These were
from Haywood to Mrs. Orchard in
Cripple Creek, and in one of them
Haywood, addressing Mrs. Orchard as
Dear Madam and Sister" tells her
that Orchard has gone to Alaska.
Orchard said he had received a letter
from his wife while he was in Denver.
1t was handed to him, he said, by
Haywood Senator Borah read one
of the letters from Orchard to Mrs
Orchard and purporting to come from
San Francisco. In the letter Orchard
told her, in replying, to hand the letter
to Paddy Mulliney. who would take it
warded.
Letters Read to Jury.
All the letters were read to the jury
He idSJ Was the hay NOOu letter. VIII
ten on the letter head of the Western
Federation of Miners. Senator Borah
read the entire heading and the letter
HaywoOd's letter to Mrs. Orchard read
practically as follows:
Dear Sister and Madam: 1 have not
had any information for some time.
The last l had l think was from Alaska
-Fairfield-T think was the address. /
see that terrible conditions exist among
the law and order element at Cripple
Creek.-W. d. Haywood
The letter was dated from Denver,
in November 1905. At this point Judge
Wood asked Mr.. Hawley how long he
would take to conclude his redirect.
Mr.. Hawley said about an hour. A
recess was ordered to l 80 p. n.
Orchard was brought back to the wit
ness chair at 1:4S. and the redirect ex-
continued by j. H. Hawley
He was asked if he ever had instruc-
tons from Haywood, Meyer or Petit
bane as to what he should do if ne got
into trouble.
Yes, 1 had" replied Orchard. "They
told me any time l got into trouble not
to write or wire them; that they would
send some one to look after me-
Mr.. Hawley next asked if he used