The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-06-25
To Strengthen It's Foundation
For Future Impeachment.
HIS PICTURES SHOWN.
Taken for the ROgues' Gallery
When He Was Arrested.
First of Defendants Witnesses
Testifies to His Intimacy
With the Detectives While He
Was in Cripple Creek.


William D. Haywood devoted the early
part of this mornings session of court
to the completion of the basis for Har-
ry Orchards impeachment. and then
calling the first witness entered upon
a showing of, relationship at Cripple
Creek prior to the independence station
explosion between Orchard and K. c.
Sterling, then chief detective for the
| mine owners association. The i'm
peachment of Orchard relates almost
| entirely 20 the proposition that he re-
pea tedly professed that he had been
wronged by Governor Steunenberg, and
that when he talked of his wrongs he
Invariably threatened to kill Steunen-
| berg.
| The men by whom the defense plans
| to impeach Orchard in this connection
! and incidentally show Orchard in an
| Independent position in the Steunenberg
case are Max Malich of Denver, DR..
MCGEE of Wallace, D. c. Copley, for
merly member of the board of the
Western Federation of Miners Charles
pie Creek; Frank A. Rough of Wal
lace; James A. Rain-y, stage driver
at Wallace; Lottie Day of Denver; F.
r. Redd. formerly a miner al Cripple
Greek, 5. Coates. former lieutenant gov
ernor of Colorado and William East
erly and w. F. Davis, who were lead
erS OF the Cripple Greek strike.
Orchard positively denied that he
ever made threats against Steunenberg
to any of the men named at any time
or place.
Haywood continued an active partici-
pant in the conduct of his case today.
He alertly watched every witness and
besides offering numerous suggestions
to his attorneys. made extended notes
as the taking of the testimony pro-
gressed.
PROCEEDINGS in Detail
When the trial was resumed this
morning there was surprise in store
for the spectators The defense in OPP
ening its case asked permission to re-
call Harry Orchard in order to put
few additional inpeaching questions to
the states most important witness. Or
chard had been brought in from the
penitentiary and was put on the stand
Immediately after court opened At
tcrney Richardson questioned him. He
wanted to know if Orchard had not
told Max Malich in a Turkish bath es-
tab1ishmert in Denver that Governor
Steunenberg was responsible for his
being a poor ma n and that he intended
to kill him. Orchard said he had been
to the baths with Malich b"t denied
that there had been any such CONVEX
sation.
Orchard next was asked if he knew
John D. Elliott.
Il do not" replied the witness. Ell
liot was in court and was requested to
stand up. Orchard looked at him, shook
his head and said he did not know the
man. He denied having conversation
with the man in which he is alleged to
have told Elliott he was in the employ
of the Mine Owners association.
Richardson asked Orchard if he had
not told Elliott that capital had deter
mined to get rid of union labor and
would begin with the Western Fedora
tion of Miners and that something was
going TO happen in Idaho and would
startle the world.
"I had no such conversation with any
person at any time place." declared
Orchard Orchard also denied talking
with Elliott about Governor Steunen-
berg.
Richardson.
Yes SIR
Did you in his room at San Francis |
co discuss the blowing up of Fred |
Bradley and say that Bradley got what |
he deserved?"
Il may have said it. 1 don't know"
"Didn't YOU say to Copley that there |
was another man who had a hand in |
the Couer d'Alene troubles-Governor |
Steunenberg- that this man had |
driven you out of the country and you |
intended to kill him?"
NO sir. 1 didn't say just that, neither |
in substance nor in effect. There was /,
a conversation in which Governor |
Steunsnberg's name was mentioned"
Orchard next was confronted by |
Charles A. Sullivan a miner from Grip |
Pile Creek He said he knew Sullivan
but denied having a conversation with |
him in which he said Governor Steunen
berg ought to be killed, would be killed |
and If he was not killed Orchard would |
kill himself
Orchard successfully denied having
had similar conversations with Fred
Hough of Wallace, James Rainey,
stage driver, and Lottie Day, a woman
he knew in Denver.
''Did you tell Lottie Day that you
had some money in Pettibone's store
that you had got from gambling?"
mo, SIR
Orchard denied in turn having made
threats against Steunenberg to David
Coates, F. r. Bedd. w. B. Easterly
and w F. Davis.
Rogues' Gallery Pictures.
The defense here offered in evidence
two of the rogues' gallery pictures of
Orchard taken after his arrest for the
murder of Governor Steunenberg. The
pictures show Orchard in a earb re-
sembling that of a tramp, unshaven
and unkempt. Attorney Richardson
said the pictures were offered to show
the jury the condition of Orchard at
the time of the murder as contrasted
with his appearance today Judge
Wood admitted the photographs and
they were handed to the jurors who
examined them closely. Another pic
ture of Orchard in a group of three
men, one holding a smoking revolver,
was also introduced in evidence by the
defense. The picture was taken in
Salt Lake iCty uin 1901 Orchard asid