Los Angeles herald., 1907-06-25
ORCHARD
SCATH|NCLY :
ARRA|GNED
barrow DenOunceS
Testimony Against
Haywood
Noted Attorney Gives
Outline of the
Defense
Explains Transmission of Money from
Pettibone and Asserts Use of
Assumed Names by Miners
Was Necessary
By Associated Press.

BY Associated Press
BOISE, Idaho, June 24.-In an ad-
dress today that occupied two sessions
of the district court Clarence DarroW
of Chicago outlined to the jury the de-
tailed plea and defense of William d.
Haywood to the charge that he muir
dered former Governor Steunenberg.
In broad description, it is to be a
denial of every material count in the
testimony of Orchard with a showing
that Orchard killed Steunenberg be-
cause of a private grudge born of the
loss of a rich share in the great Her
cules mine, and explanations of the
independent circumstances that tend
to connect the three codefendants with
Orchards life and operations.
Haywood will take the stand to make
personal denial of Orchards accusa-
tions, Meyer may be called to testify
solely to events and claims affecting
the Western Federation of Miners, but
Pettibone will not be witness in this
case Mr.. Darrow explained that Meyer
and Pettibone must stand trial for this
same crime, and declared that every
lawyer knew the danger, whatever the
circumstances, of exposing men await
ing trial under like circumstances.
Mr. Darrow denied the existence of
the great conspiracy to murder alleged
by the state with Orchards testimony
as a basis; denied that the federation
was anything but an earnest lighting
organization for higher wages, shorter
hours, toerable working conditions
and the care and safety and education
of it's members and their wives and
&c, hierI n nd n1ntlUncs
denied the intimacy with the three CO.
defendants that orchard laid claim to;
denied the several conferences and con-
Versations that orchard sWore to; de-
MED that Orchard had even committed
many of the crimes he had boasted of,
and promised to make proof Of his
contentious with many of the men
named by orchard when on the stand
and many witnesses of credible char
acter not connected by any tie with
the federation or it's leaders
Accuses Mine Owners
Mr.. Darrow charged that agents of
the Mine Owners association OF Colo
RADIO and the Pinkerton detective as
so ,iation lad Joined hands in a con-
SD 'acy to discredit and destroy the
WI tern Federation of Miners. Agents
of the mine owners had, he asserted,
committed many minor crimes to dis
credit the federation and promised that
the defense would show that 1t was
reasonable Inference that they had en-
gineered the Independence depot out
rage in an attempt that had mis-
carried into a tragedy
He asserted that his trial was the
elimination of the conspiracy to Kill
the organization by killing the lead
q, ers. that the organization ana not
lV"Bill' Haywood was on trial, and that
NHarry Orchard, under the manipulation
of detective MCFARLAND, was trying to
kill Meyer, Haywood and Pettibone
that he might save his own life.
Tn explanation of the draft for $100
which Haywood sent to Jack Simpkins
on December 21, 1905, Mr.. Darrow
nronised that the defense would show
that Simpkins had an expense account
for 1929 against the federation, and
that after 5implins himself had cashed
tbe check for that amount in Denver
he gave Haywood $10O with the request
that he mail the amount to him at his
home in Spokane.
M barrow declared that anyone
could make friends with Pettibone, and
that Pettibone had fed Orchard as he
would "any other dog" AS to their
financial relations Mr.. Darrow said
that when Orchard left Denver 1or
wyoming he gave Pettibone his money,
his Masonic badge and other trinkets
and sonne papers for safe keeping.
prom time to time Pettibone forwarded
parts of the money to him as he re-
quested.
Assumed Names Necessary
The registered package that went to
San Francisco contained the Masonic
min. trinkets and papers s1d the money
that Pettibone sent to Orchard III san
Francisco was sent in manner ana
lInder assumed names that Orchard
had directed and suggested in tele-
gram he sent to Pettibone. Inc use OF
assume names, counsel declared, was
a common practice among the union
ninerssof Colorado, made stern ne
cessity by the black listing OF union
miners. whom he declared had peen
abused. bounded, denied justice ana
driven from the state.
Mr. Darrow said the defense would
Irobably not undertake showing as TO
the unsigned letter received by Or-
d.ard at Caldwell jail-the letter they
said "That had been sent to jack on
december 21, and which Orchard sWore
Eettibone wrote-and at the close both
sdes would probably argue their re-
sbective opinions of it.
THE defense viii call it's first witness
al 9:30 tomorrow morning and promises
Unless cross-examination is exception
ally long to make all of its proof With
il seven or eight days.