The San Francisco call., 1907-06-23
HAYWOOD DEFENSE To
OPEN CASE TOMORROW
Many Witnesses Will Deny
the Truth of Orchards
Testimony

BOISE. Ida. June 22.-The closing of
the case of the state leaves the great
battle against and for the life of VIII
liam D. Haywood in midfeld and now
the sides change-the defenders will
assume the aggressive, the prosecutors
the defensive. The state will carry its
case on through an aggressive cross
examination and then present testi-
mony in rebuttal. but its main propo-
sition and showing are already before
the jury. AS to the Steunenberg crime,
which is the one specifically charged
against Haywood, the state has made
the following showing;
Jack Simpkins. member of the eXecu-
tive board of the western federation
of miners, went to Caldwell three
months before Steunenberg was muir
dered. He travelled under the assumed
name of Simmons" and lived with
Orchard. He left Caldwell at the end
Of a weeks stay and later returned for
a brief visit of less than day. His
presence and movements were shown
by independent witnesses and by the
registers of hotels where he stayed.
Haywood sent 500 to Simpkins on
December 81, 1905, nine days before the
murder of Steunenberg, and forwarded
an unsigned letter from Denver on De-
cember 30, 1905, showing by its address
to Thomas Hogan" that the writer
knew I10 dlldS Ol OICAelo, oAAN
containing the statement that that
had been sent to Jack" on December
q, 1906. Orchard testified that Petit
bone. one of Haywoods codefendants,
wrote the letter.
without making any request legal aid
was extended to Orchard within two
days after his arrest through Attor-
ney Fred Miller of Spokane.
INCRIMINATING FACTS
| Four letters were sent to Mrs
Orchard the second at Cripple Creek,
| three by Orchard and one by Haywood
| at various times in 1905, and 1t is
| claimed that they not only show evil
! dence of a plan to conceal Orchard s
whereabouts from his wife, but were
part of a plan to make an alibi for
| him. Orchard swore that Haywood was
a party to the plan, and that to carry
| 1t out Paddy Mullaney, member OF
| the federation at Cripple Creek, un-
| dertook the delivery of two letters that
| he wrote at Denver and dated at San
Francisco, and that Marion Moore, q
member Of the federation board, car
! ried the third letter that he wrote to
Nome, Alaska, and there posted it. The
/ letter, which was produced, with its
/ envelope, bore the postmark of Nome
! Haywoods letter to Mrs. Orchard
] bore the date of November, 1905. al
which time Orchard and Simpkins were
/ at Caldwell-and made the statement
! that the last the writer had heard oi
Orchard he was in Alaska. Aside from
/ the word of Orchard,> Haywood's let
! ter stands alone, and there is nothing
i to show that he was not himself de-
! ceived, or that he was only helping
orchard in the less harmful act of de-
ceiving Mrs. Orchard. Through
Orchards letter runs the suggestion
that the federation officials were keep
ing Mrs. Orchard supplied with funds
but this. too, rests on Orchards word
ASSOCIATE WITH ORCHARD
Haywood, Pettibone and Orchard are
| located together on two or three occa-
sions in Denver between the spring anc
fall of 1906, and Orchard lived at Petit
bones house as guest during the
i month of August. 1905.
1 Articles from the Miners Magazine