The San Francisco call., 1907-06-19


Sleuhenoerg. The prosecution succeed
Cd IN introducing four letters showing
an arrangement between Haywood and
orchard in the summer Of 1905 by
which the Cripple Creek wife of Or
chard was 10 be deceived as to his
Whereabouts. One Of these letters was
written by Haywood himself on the
official stationery of the western fed
Grafton OF miners.
The missive was dated November IS,
1905, and told Mrs. Orchard that the
last heard OF her husband was that he
was in Alaska. Orchard in fact was
at that time in Caldwell with Jack
Simpkins, arranging the murder OF
Steunenberg. The letter was in COM
plete accord with the story that Or
chard had told on the witness stand
regarding the arrangement to fool his
wife, and links Haywood Up to him at
the very time when he was preparing
10 carry out what he declares to have
been Haywood's order to kill Steunen-
berg.
The introduction of these letters
made a decided impression on the jury
They sat up and took more notice than
they had for severai days. and when
the letters were passed around among
them each man scrutinized them
closely.
Harry Orchard occupied the stand
cross examination. He was preceded
by Jasper T. Nichols. sheriff Of Canyon
county, who laid the foundation for the
Introduction Of another letter, the un-
signed one which Hawley referred 70 in
his opening statement
PETTIBoNE'S LETTER READ
Nichols was in charge of the jail
where Orchard was held on his arrest
at Caldwell. Immediately after the
Steunenberg murder. He received the
letter for Orchard, opened and read it
and made q copy Of it before deliver
ing the original TO the prisoner. Or
chard destroyed the original as soon
as he had read IL This morning Mich
ols Identified the copy that he had
made and then Orchard testified that he
remembered very clearly the contents
of the letter and that this was an ac-
curate copy of it.
Orchard also swore that the letter
was from Pettibone, although 1t was
unsigned. He said that he was famil-
lar with Pettibone's handwriting, had
seen il often and was sure OF it in this
case. On that showing 1t was ad-
mitted.
The letter merely acknowledged the
receipt Of a letter.
Orchard testified that he had written
10 Pettibone for 500 and that this
vas the response.
While Sheriff Nichols was on the
stand~he also identified a telegram that
had been sent TO Orchard from Spokane
after his arrest. This was the mes
sage from Fred Miller, the Spokane
lawyer now associated with the de-
tense. announcing that he would start
ror caldwell the next day. 1t was dated
January s. 1905. Whtn It was sent
Orchard had not attempted TO COM
municate with any one or to make any
arran cement for his counsel When
Orchard was recalled this morning he
also Identified this message and II was
admitted in evidence.
Orchard then explained that he had
often had talks with Meyer, Haywood
and Pettibone regarding his action in
case he should ever be arrested. They
had repeatedly warned him not TO write
or telegraph to any OF them under any
circumstances, promising to see that
lawyer was sent to him at once wher-
ever he might be.
MILLER TO THE RESCUE
he also declared that when in Spo-
kane with Jack Simpkins, before go
ing back to Caldwell in the fell of 1903,
he had met Miller and Robertson, two
Of the members of Miller's firm, and
had employed Miller TO sue the railroad
company for the detention OF his trunk
He was then going under the name Of
Orchard and had not told Miller or
Robertson that he ever used the name
Of Hogan. But the telegram from Miller
was addressed to Thomas Hogan.
When Orchard took the stand Rich
ardson began the formal impeachment
questions which he had been unable %
ask at the conclusion Of his cross
examination last week He explained
that he did not have the information on
which to base certain questions, but
would 90 ahead as far as he could and
askd the others later when the witness
on whom he relied for the further i'm
peachment Of Orchard reached Boise.
The Idaho law requires such ques-
tions to be in a specified form, and
Richardson could not comply with II
without consultation with his wit
r,esses He had the information, how
aver from six witnesses on which to
base his questions The first was Max
AFaIfch. the boss of Globeville, the Den
YER suburb where the employees of the
Globe smelter live. Orchard has in
volved Malich in several Of his criminal
transactions and swore that il was
Malich who suggested the blowing up
Of the Globeville boarding house, where
no nonunion men could be killed at
once
IMPEACHMENT PLANNED
Richardson's impeaching questions
were as to whether Orchard had not
said to Malich in the store at Globe
Vile that he was going to kill Steunen-
berg if he had to swing for it within
"a hours, and that If ii were not for
Steunenberg he would be a millionaire,
With an income Of $500 a day. Orchard
denied that he had ever said any such
thing. either in substance or effect
richardson asked If Orchard had not
lid substantially the same thing TO
General Eugene Engley, ex-attorney
General of Colorado. in his Office at
Srinnle Creek Orchard made similar
denial. as in fact he did to all of the
questions ,,..
- ,,,,d involved an alleged converse
tfor between Orchard and Lottie Day in
lie belmont hotel in Denver Dr. j. s
STcC.ee of wallace and David Coates
-Tsre also named by Richardson as wit
nesses TO whom orchard was alleged 70
isve made similar declarations regard
s.,- the loss of his interest in the Her
cuies mine through the action of Gov,
o-nor sfeunenberg and of his hatred
- c+enneuberg On that account
% 7-I.e x-sfe of Kid. Waters. whom
- obi f-f