The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-23

case OF me STATE ledFeS the great Ddttlb
against and for the life Of William d.
Haywood in the midfield. and from now
forward the sides chauge-tne defenders
assume the aggressive. the prosecutors
are on the defensive. The state will carry
its case on through an aggressive cr'Iss-
examination and then present testimony
i'm Tcbuttal, but itS main proposition and
showing are already before the jury, as
TO the Stsunenoe-g crime, which is the
enc specifically charged against Hay
WOOD. tl,e state has made the following
showing:
Jack Simpkins, member of the executive
board of the Western Federation Of
Miners, went to Caldwell three months
lefore Ste'nenberg was murdered. lie
travelled under the assumed name %
Simmons" aud lived with Orchard. He
left Caldwell at the end of weeks stay
and later returned for a brief visit of less
than day. His presence and movements
are shown by independent witnesses and
the registers of hotels where ne stopped.
Money Sent to Simpkins.
Haywood sent 500 to Simpkins on De-,
q, 1865, nine days before the murder Of
Steunenberg. and an unsigned letter. sent
from Denver on Dec. 20, 1905, and showing
by its address to Thomas Hogan" that
the writer knew the alias of Harry Or
chard, contained the statement that
that" mad been sent to Jack on Dec.
q, 1905. Orchard testified that Pettibone,
one of HaywoOds co-defendants, wrote
the letter.
Without making any request legal aid
was extended to Orchard within two days
after his arrest, through Attorney Fred
Miller of Spokane.
Letters in the Case.
Four letters were sent TO Mrs. Orchard.
the second at Cripple, three by Orchard
and one by Haywood, at various times in
1905. and it is claimed that they not only
show evidences of plan to conceal Orch
ards whereabouts from his wife, but were
part of a plan to make an alibi for him.
Orchard swore that Haywood was party
TO the plan and that to carry it out Paddy
Mullaney, a member of the federation at
Cripple Greek, undertook the delivery OF
two letters he wrote at Denver and dated
at San Francisco, and that Marion Moore.
a member of the federation board, carried
the third letter he wrote to Nome. Alaska,
and there posted IL. The letter. which
was produced with its envelope, bore the
postmark of Nome. Haywood's letter to
Mrs. Orchard bore the date of November.
were at Caldwell-and made the state
ment that the last the writer had heard
of Orchard he was in Alaska.
Rests on Orchards Word.
Aside from the word of Orchard, Hay
woods letter stands alone, and there is
nothing to show that he was not himself
deceived or that ne was only helping
Orchard in the less harmful act of deceiv-
ing Mrs. Orchard. Through Orchard s
letter runs the suggestion that the fed
Chard supplied with funds, but this, too,
rests on Orchards word
Haywood, Pettibone and Orchard are
located together on two or three occasions
IN Denver between the spring and fai
of 1895 and Orchard lived at Pettibone's
house as a guest during the month of Au-
gust. 1865
Articles from the Miners Magazine and
some testimony as to the Occur d'Alene
strike of 1899 show animus toward Steu-
nenberg on the part of Haywood and
other leaders of the federation.
On the general conspiracy set up in al
legation by the state, the general show
ing has been as follows:
Orchards Testimony Alone.
Orchard mas been traced through all OF
the more important movements connect
ed with the alleged attempt on the life
OF Fred Bradley, at San Francisco, by in
dependent witnesses, and his story of the
poisoned milk has been carried down to
the chemist who analysed it 1t has been
Independently shown that while Orchard
was at San Francisco. Pettibope. using
false names, teleSraphed money to him
twice through the Postal Telegraph COM
panV. and that registered letter or
package was sent TO San Francisco from
Petitioners Denver address under one of
the names used by Pettibone in sending
one OF the teiegraP hlc remlttances. other
than by Orchards word it has not been
shown that the Bradley explosion was
caused by a bomb.
Minor Details Confirmed.
The casing of the so-called Peabody
bomb has been produced and its history
largely proved by outside witnesses from
the time ii was made in Denver until il
was dug out of the ice in the Occur
d'Alene river. Miss Peabody confirmed
one detail of the story Orchard told of one
of the attempts TO shoot her father, and
Orchards story of his journey to Canon
City TO kill former Governor Peabody is
given general confirmation by the evil
dence of William Vaughn, who was Or
chard's travelling companion Orchard
went to Canon City Ostensibly as an in
surance agent and the state has pro-
duced a letter of recommendation written
10 the insurance company for him by Pet
tibone.
The discovery of the Goddard bomb has
been established but the earlier history of
the bomb and all of the plot centering
around il rests on the testimony of Or
Chard Reason for animus against Jus
tees Goddard and Gabbert has been shown
by decisions adverse to Meyer and the
labor interests in Colorado.
Orchard story of the first descent into
the indicator mine is corroborated by
tho eager, whom Orchard encountered and
attempted 10 kali.
Unsupported by Evidence.
Orchards testimony as TO the hide
pendence station outrage and the murder
of Detective Lyle Gregory stand practi-
cally alone. His story TO the indicator
outrage is in part supported by outside
testimony.
The general circumstances that have
claimed general attention are the showing
that soon after the indicator explosion
Orchard Joined Meyer as a body guard
and accompanied him on trip to south
ern Colorado. and the fact that Orchard
spent the month of August, 1905 as a
guest of Pettibone at the latter's home in
Denver.
The chief corroborstion of Orchards
testimony has been as to things he did
and the time and manner of their doing
and II is contended BY the defense that
aside from his testimony there is not a
single piece of independent evidence
against Haywood. or any fact that indie
1oendently connects Haywood with the