Los Angeles herald., 1907-06-13
DEFENSE SHOWS
ORCHARD GUILTY
OF PETTY CRIMES
Testimony Of Witness
Impeached
Attorneyc for Haywood Continue At
tempt to Break Down Star Story
of Prosecution-The Case
Gone over
BY Associated Press.

BY Associated Press.
BOISE. Idaho, June 12.-The defense TO-
day carried the cross examination OF
Harry orchard down to the actual crime
charged against William d. haywood
the murder of former Gov. Frank Steun,
enberg-and as it progressed assalieu e
the testimony and the theory OF the staee
Testing upon it. The Steunenberg crime
was reached at midday and counsel IoI
fhe defense directed their efforts 10 an
atfemnT to cloud the earlier purposes and
rnovernents of Orchard with uncertainty
and ndefniteness Then they emp,h1Iasisz,em pm s,en
Orchard first tracked Steunenberg TO
hotel In Boise and with a skeleton Key
gained entrance to the Verg rooit 5ere re-
they delayed for moment TO prove tnas
Orchard twice wrote and once telephoisu
to Bill Easterly at Silver CITY 10 urge
him to come and join in the crime and
the direct implication was that Orcna5ro
was endeavoring to inveigle anotner Ieuts
ration man into the crime. which would
firing discredit and dishonor TO the OF
Ranization. -, 49, +o,,
porariiy thrust into the background and
fhe witness was carried over his long d1-
verting journey into northern Idaho, ana
his crimes there. including the dark pi9t
to kidnap and hold for ransom the Paul
son children, were forcefully emphasized.
Orchard swore that Pate e, Coates, S former tbe,1
a publisher in Wallace, Idaho, hrst sus,,
gested the kidnapping to Pettibone and
L
miner, had made fortune in the Hercu-
les mine in which Orchard held an inter,
est when the property was vaiueIess. iIs @ ana
stolen he would come through with" S50-
600 or $4,000 in ransom. Orchard said
that when he went to north Idaho he got
Jack Simpkins to come in on the plot and
together they went 10 Coates to renew
the scheme. Coates. who was in court.
and facing him, Orchard said he was the
man.
Gives Details of Plot
Orchard was then asked if he had not
who Immediately rebuffed him, and If
Jack SimpkinS had not warned Paulson |
the minute he heard of the plot. Orchard
denied both suggestions and reiterating |
his first story insisted that Coates had |
consented to stay in the plot and handle |
the money he hoped to get out OF Paul
Then the defense showed the witness in
the commission of a series of mean crimes
and reduced to poverty in which he had to |
resort to pawn shop. borrowing and theft
to live for long period. First he pawned |
some jewelry and guns. This brought 80 |
or $50. Then with a man named Cum |
ningham whom he said Vincent st. John |
had recommended to his as safe and
tried, he discusse da project to give Cum
ningham the old Peabody bomb, which
he still had in his trunk for use by Gun
bingham on some non-union men at the
Tiger and the Poorman mine.
Then he accepted the hospitality Of,
Paulson's home at the very time he was
nlOtt1nR
After that, with Jack Simpkins. he
broke into the Oregon Railway and Navi-
cation company's depot. They, were after
q trunk full of jewelry samples. but in
stead got a trunk full of shoe samples,
Next he tapped cash register at Burke
for $50 or $40.
and hard luck. and summing it up the
defense wanted to know why, If he was
in Idaho on mission of murder for Hay
wood. Meyer and Pettibone, and with
unlimited credit from them, he did not
send to them for money, instead of bor-
rowing and stealing. Orchard replied that
he did send letter to Meyer at Butte
and got 500, but he did not send for more
y because he was temporarily off the
where Steunenberg lived, and he did not
want to send for more money until he
could show that he was back to work.
Borrowed from PauIson
Lastly, there came a showing that Or
chard had borrowed $500 from Paulson. |
whose children he had gone north To
steal. on the strength of a fraudulent |
story that he was going to Los Angeles
to sell mining stocks for Coates and that |
this was the money that actually paid |
his expenses when he went back to |
Caldwell on the final mission of murder.
Swiftly reviewing his meetings with his
old partners who had meantime become |
rich. the defense asked the witness If, |
disappointed and angered at his own hard |
luck in selling out the Hercules mine |
when Steunenberg sent troops into North |
borrow enough money from Paulson to
take. him to Caldwell, where he would
murder the man whom he blamed for his
misfortuneS, Orchard strenuously denied
that this was his motive.
The. earlier part of the day was con-
eumed with a review from the standpoint
OF the defense of the alleged plots
against Governor Peabody, Judge Cab
bert, Judge Goddard and Gen. Sherman
Bell. 1t developed that during August,
1905, when, with a shotgun and buckshot,
he was stalking Gen. Bell Orchard wenN
the explanation of this relationship Of
fered by the defense in its questions was
that Orchard had come there to keep
Pettibone company while Mrs. Pettibone
review of the Steunenberg case brought
from Orchard the additional declaration
that when Haywood was proposing the
crime Ed Boyce, former president of the
Western Federation of Miners and now
one of the owners Of the Hercules mine, |
had always desired the removal of Steune
enberg for his part in the North Idaho
labor troubles.
Soon after Orchard left the stand David
"I do not care at this time to discuss
the statement made by Orchard. 1 with
have an opportunity to reply, in full when
may say, however, that Simpkins never
talked to me on the subject of the kid
naping of Paulson's children. Orchard
did not speak to me about it in Denver,
but did come to me in Wallace and out
lined the plot"
Goes Over Murder
Attorney Richardson's cross-examina-
tion of Orchard today led down to the
time Orchard first started on the mission
which eventually resulted in the death of
former Governor Steunenberg, for whose
murder Haywood is on trial. 1t was at
the conference with Meyer, Haywood and
Pettibone, after Meyers return from Cali
fornia in August, 1905, that the matter was
first mentioned. Orchard said Meyer had
just finished telling him to get rid of
Johnny Neville when Haywood brought
up the killing Of Steunenberg.
Orchard said he asked for $500 to cover
the expenses of his trip to Nevada to get
Neville and go to Idaho to assassinate
Steunenberg. He got $240 lust before
starting and had received $50 previously.
WAS anything said at your conference
with Meyer, Haywood and Pettbone re-
garding ranch?"
"Yes, sir I said that If I finished the
job was starting out on 1 ought to be
through with these businesses and have
the ranch / had been promised
."Then you were getting tired of this