The herald-advance. (Milbank, S.D.) 1890-1922, 1907-06-21
PROSECUTION SURPRISES THE
DEFEk~e AND PLEASES THE
PRISONER.
GOV. PEABODY ON The STAND
DEFENSE FIGHTS TOOTH ANC
NAIL AGAINST ADMISSION
OF EvI--NCE.

Boise, Idaho, June 18.-In support
Of its case against William d. Hay
wood, charged with the murder Of
Frank Steunenberg, the state Satur-
day submitted to the jury the testi-
mony OF an eve dozen witnesses
tending to confirm several details of
the story of Harry Orchard, and at ad-
journment announced that it would
! close it's case next week.
The announcement as to the conclu-
sion of the prosecutions case was a
surprise to the defense and was clear
ly pleasing to the prisoner and his his
counsel. 1t came in response to a re-
quest from the state as to the time it
should assemble it's witnesses, and
Senator 3orah, who spoke for his side,
gave next Wednesday as the time.
Dealings With Orchard.
w. J. Vaughan of Minneapolis, testi-
flying about his dealings with Orchard
while the two were soliciting insur-
ance business, started a laugh by
bringing a new accusation against the
assassin. Vaughan said that, besides
apparently being 'nutty," Orchard did
not impress him as being a gentle
man.
Among the witnesses were Former
Governor Peabody and his daughter,
Miss Cora Peabody, but neither was
on the stand very long. 1t was antici-
pated that the defense would cross-ex-
| oriro poohodv ovfopciyoly and cpop
the entire contention involved in the
Colorado labor law, but a noon recess
conference of the united counsel for
defense decided that it would be bet.
ter to refrain from doing so.
Fire Of Objections.
Against a sustained fire Of objec.
lions and motions to strike out and
along a record Photographed with excep
tons by the defense to IT,. rulings Of
Judge Wood, the prosecution succeed
ed in securing the admission of much
evidence bearing on points of Or
chard's tale.
Judge Wood is to go to Caldwell on
Monday to continue the case of Harry
Orchard, charged with the murder of
Frank Steunenberg, and there will be
no session of court here on that day.
Orchard will be taken to Caldwell to
make formal appearance when the
case Is called.
Fierce Assault Is Made on Orchard.
Boise, Idaho, June Is. - The men
who are battling to save the life Of
William d. Haywood and the good
name of the Western Federation of
Miners made their greatest assault
upon Harry Orchard yesterday, when.
parrying the review by cross-examina-
ton of his life of crime down to his
confession, they bitterly assailed his
guiding motives Six days they spent
in stripping him before the jury OF
every shred of morality, and then,
suddenly turning upon him in a final,
fierce attack, they fought with every
means known to the legal craft to con-
vince :he jury that Orchard was COM
hitting a crime
In Falsely Swearing
away the lives of innocent men in the
hope of saving his own. The carried
their attack to the very language with
which the witness answered their
questions, and everywhere they al
legged by forceful implication that it
was put into his mouth by men con
trolling him.
Orchard broke down when the at
torneys recited to him the tale of Da-
vid and Uriah that Detective McPar-
land related to him when he came
seeking a confession.
He defended his motives by saying
that he finally experienced conversion
and had resolved to make all possible
reparation by fully confessing all.
Hammered by Richardson.
He said that MCFARLAND said he was
doing a great service for the state
and that states we're kind to men who
served them. There was no other
promise.
"You knew that II you confessed to
the ~Steunenberg murder the state
would put you out of the way?" ham.
mered Attorney Richardson.
YES. STR"
But somewhere along the line the
thought came to you that you could
get out Of 1t by laying it on to some.
body else?"
mo, sir; that was not the thought
at ALL"
Was Afraid to Die.
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