The state herald., 1907-06-14
PLANS DEFENSE
EFFORT WILL BE MADE TO
PROVE HARRY ORCHARD
WAS HIRED BY MINE
OWNERS.
NO MERCY WILL BE SHOWN
Believe They Can Prove Utter Falsity
Of Orchards Story So Far as Con-
Germs Haywood Moyer
,.L Daktthan.
and Pettibone.

and mine explosions which could be
laid at the doors of the federation,
thus injuring the Miners union.
Orchard testiies that he received
money for some of his things from the
warden of the Idaho Penitentiary, who
told him that part OF this money
came from Governor Goodlng of Idaho.
Orchard must lay bare to the min.
utest detail his life while he was com.
mitting the crimes to which he has
confessed, that every detail may reach
the jury.
Even his petty crlmes-theft, big.
amy. arson and lying-will thoroughly
be gone into.
Defense will try to prove the utter
falsity of his story in so far as it re.
lates to Haywood, Meyer or Pettibone.
Feeling between the attorneys on
both sides is increasing. and every ses.
sion brings a clash.
Orchard many times makes correc.
tions OF counsel's statement OF the tes-
timony he has given. His coolness on
the stand is the wonder of the specta.
tors.
Orchard, since his confinement in
the penitentiary, has received letters
from MS WIG ne utAeIN'u IN Ahiihud
In 1895. and he has sent her sll5.
Boise, Idaho-The defense In the
trial Of w. D. Haywood succeeded in
establishing reason for Harry Or
chard's departure from the Cripple
Creek district at the time of the Inde
pendence station explosion. Orchard
admitted he had set fire to the build
ing occupied as saloon by Johnny
Neville and that Neville had collected
the insurance money and given him
500 for doing the job. This act was
the first use to which "Pettibune dope"
was put, Orchard testifylng that he
had poured some oil In an upper room
of tho building. left the house. and
that the liquid did the rest.
Haywood's defenders say Orchard
will be connected with the enemies Of
the federation, will be shown to have
been in the employe OF the mine own.
ers as private detective, evidence
will be offered to prove that he had a
very light relationship with the on.
clals OF the federation. and the all
round bad character of the man will
be established. The defense points out
that already out Of his own mouth Or
chard has proved himself a bigamist. n
murderer, an ore thief. and to be guilty
| OF arson. Witnesses are at hand. the
| defense maintains. who win swear
that he has many other crimes charged
! to his account.
on that point a representative Of the
| defense said.
''ln regard 10 the Independence OK.
| plosion learn that the defense viii
attempt TO prove that the act was
committed at the instlgntiOn of the
Mine Owners association or their
agents
1T will be remembered that on
June 6. 1904, things had settled to a
state Of peace In the Cripple Greek
| district The miners peace commit
tee had Just finished It's mission TO the
| district. and after conference with
some Of the mine owners they had won
| the statement from Clarence C.. Ham
| lin, II you fellows had come up here
year ago there would have been no
| strike
There was n general public demand
| that Peabody recall the militia and
| proclaim clvil law once more.
THE defense will attempt to prove
that In order TO justify the retention
Of the troops, a plot was framed up TO
blow up the independence station,
without injury TO life. but serving the
purpose Of furnishing excuse for tho
troops to remain. Evidence will be- in.
| troduccd TO show that In the execution
OF this design several mine managers
were told by telephone to hold their
wnriImen on the night shift some time
| ufiCr the usual hour OF quitting work.
Il
| OF order and tho instructions. which.
II will he contended, would have saved
fourteen lives. were never delivered.
THAT this lH the Intention Of the dc.
fcnsc is borne out by the method Of
Richardson's oroas,oxamlnation of or.
ohard. Haywood's attorney has al.
ready laid the foundation for this the.
ory, He has put n number Of questions
10 orchard touching on the peaceful
conditions In the district Immediately
prior 20 June G, 1904, and has brought
out tho fact that tho federation had
everything to lose by this commission
of acts Of violence at that particular
time"
Witnesses for tho defense nro flock.
Ing into Boise from every part Of tho
West. Scores Of union men are hers
from Colorado, Nevada, the C0cur
d'Alonos and some from British Colum.
hla. From the Occur dAlones came
Dave Coates. with number of miners
who knew orchard during the troubles
In that district In 1893.
These witnesses will be used 20 i'm.
peach Orchards testimony aH TO hia
statements Of acts Of violence commit
tod there.
The cfoase1nmination was utill con.
fnod 10 Orchards movements In Den.
yer and Colorado. the Witness again
demonstrating his remarkable f1culty
for remembering streets and places toI
which ho testified ON his examination
In chief.
Richardson put the witness through
rlgld examination hs 10 the amount
Of trafilc on Eighteenth street or
chard had said that he discussed tho
killing ~ Gregory with petilbone. AZ.
aus aud Moldrum ON the sidewalk and
the attorney inquired ~ 10 travel on
this. one Of the principal streets Of ths
city