Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-06-18
DEFENSE PREPARES
D)MP[ACH ORCHARD
Star Witness Recalled to Stand
at Boise and Examined by
Richardson
MANY NEW WITNESSES ARRIVE
State Calls Former Deputy Sheriff,
Who Tells Of Communications Be-
tween Pettibone and Orchard After
!, the Latter. Arrest-lnterest in Trial
/. Las.-Teday's Testimony.

Boise. June 1S.-The trial Of Hay
wood was resumed this morning. Har-
~ Orchard was recalled to the stand,
and was examined for impeachment by
Richardson.
All the members Of the Haywood
family were in seats near the prisoner
when court opened. During the inter
mission since adjournment on Satur-
day q large number OF witnesses have
arrived In Boise.
The court room was only half filled
today. j. T. Nichols, who was deputy
sheriff Of Canyon county, and in charge
of the Jail at Caldwell at the time Of
Orchards arrest. after the murder OF
Steunenberg, was the first witness. Or
chard In his statement from the stand.
said that while in Jail at Caldwell he
received letter from Pettibone. The
original letter was destroyed by Or
chard, but Nichols made q copy OF 1t
s before giving 1t to Orchard. The copy
was produced and identified by Mich
oils. A section of the original envelope
was introduced but not read.
Nichols testified that Fred Miller. q
lawyer of Spokane. had called upon
Orchard shortly after he was placed in
the Caldwell Jail. Miller is now one of
the attorneys for the defense Of Hay
wood Nichols said Orchard had not
sent telegram summoning Miller, but
he had received a telegram signed
l"M.r
Nichols said Miller had told him the
money sent to Orchard should be
turned over to Miller as his attorney.
Nichols was allowed to go without
cross-examipation and Orchard was
recalled.
sss.I Il hecafne evident that defense pro-
posed to bring number of witnesses
to prove that Orchard had for years
enberg, and had repeatedly made
threats against him. In reply to ques-
tions, Orchard denied he ever told
Max Malich, Of Denver, that he was
going to kill Steunenberg, even if he
swung: or that Steunenberg was mean
or that had it not been for Steunenberg
he would have been millionaire. be-
cause Orchard had owned sixteenth
share in the Hercules mine and Steun-
enberg had driven him out of the
state, Orchard was very positive in his
replies and showed no hesitation
Witness also denied that he had told
Lottie Day, In room at the Belmont
hotel, In Denver that he intended to kill
Stuenenberg, or had made similar
threats in the hearing or presence Of
Others, or had told DR.. J. S. McGee,
formerly of Wallace that he was spy
and that he was going to get even"
with Steunenberg.
The state produced a number Of let
ters written by Orchard, and one by
Haywood, the purpose Of which was to
show that there had been a conspiracy
to deceive Mrs. Orchard, of Cripple
Creek, as to the whereabouts of Or
chard in the spring and summer OF
1905. The defense vigorously protest.
ed against the introduction of matter
on the redirect examination, but the
court ruled that II 1t was improper on
redirect, he would permit the state to
reopen its examipation. Orchard swore
that Haywood said in the spring OF
1906, that Mrs. Orchard was repeatedly
writing to him as to Orchards where
abouts, and Orchard suggested that he
write her a series OF letters, date them
at San Francisco, and have them de-
livered thru the agent of the Western
Federation OF Miners. Two were thus
written, the state producing them, and
secured their admission. Then one was
written, dated at Nome, Alaska, and
given to Marion Moore, then organizer
for the Western Federation Of Miners,
to take to Alaska and mail. The state
produced the letter and secured its
admission. Next, the state produced a
letter written by Haywood himself to
Mrs. Orchard, showing that the prison
er had knowledge of the Alaskan story,
and this. too, was admitted in evi-
dence Orchard also testified that the
replies of Mrs. Orchard were sent to
him thru Haywood.
HOLMES FELT SAFE.
Thounh$ Nn aM Could Puniah His