The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-06-13

well, 1 got disgusted with myself
at not being able to get him so 1 I'm
ally decided to use the bomb and get
rid of the thing and get away" said
But you took the materials for a
well?"
"Yes. sir
And you intended to use a bomb
from the hrst?''
Yes. sir. If the opportunity offered
Attorney Richardson jumped over
the details of placing the bombs at
the Steunenberg residence. pickipg &
the witness up at the point where he
began to run back to the hotel after
seeming Steunenberg approach the
place of his death.
Warm But Not Excited.
You were warm and excited when
you reached the hotel weren't you %
II was warm. 1 tried not to be ex-
cited"
You were calm enough to help the
bartender tie up bundle?'
Il held my finger on the string while
he tied up the parcel"
The cross examination here digressed
to pan Orchard conceived to ride a
short distance on a train with Steunen-
berg and set the bomb in a grip under
the governors seat. With the parapher-
train one day, but Steunenberg missed
1t. The fact that others in the car would
have been killed in the explosion Or
chard said did not appeal to him.
Returning to Orchards action after
the assassination of Steunenberg Rich
ardson wanted to know If the witness
had not deliberately gone to his home
and scattered powder and plaster of
paris about the place.
No. sir, did not" replied Orchard in
a positive manner.
He said he came back to the hotel
with the idea of cleaning up some things
in his grip.
What was in it .
acid
What were you doing with the pep
per?"
Il had it to put on my shoes when
necessary so as to prevent dogs taking
up my trail"
The examination again digressed to
show that while he was in Spokane Or
chard called on Attorney Fred Miller.
now associated with the defense and
employed him to sue the railroad for de-
tanning his trunk which had been lost
in transit. lie gave Miller a power OF
attorney.
Orchards Arrest
Orchard made no attempt to leave
Caldwell the night of the explosion but
slept as usual in his room at the Sara
toga hotel The next day, Sunday he
was suspected and placed under parole.
Monday he was arrested. The first at
torney Orchard saw was J. B. Sullivan
of Denver. Sullivan had acted once for
Orchard in a civil case in Denver. Sui
livan suggested that Orchard have
local attorney
Did you tell Sullivan you knew an
attorney named Miller in Spokane?"
Il said had received telegram from
Miller Sullivan wired Miller to come
on and he reached Caldwell something
more than a week after the arrest"
Orchard remained in Caldwell jail IS
days and was then brought to the peni-
tertiary here in Boise.
Richardson here attempted to show
the coercion of Orchard through solitary
confinement.
Where were you put when you reach
ed the penitentiary?' he asked.
mi the new cell house,
What sort of ceIl?'
"A steel cage"
with solid walls?"
The walls were solid. the front and
door were barred"
You were in solitary confinement?"
81 don't know what you call it,
Were you taken to the penitentiary
with your consent?"
mo. SIR
Were you advised as to your rights
about being confined in the peniten-
tiary?"
"They didn't tell you where they
were taking you?"
And after being put in the cell you
were not allowed to speak to any one?"
The Man Next Door.
Yes, sir, could speak to the man in |
the next cell and to the guard in 'front.' |
You couldn't see the man next door, |
could you?"
Yes, when he went out in front"
'who was the man next door
Bob Wetter."
"A condemned murderer"
Yes"
And for the most part the guard |
outside your cell sat silent?'
mo, sir. He spoke a good deal to
the man next door and he spoke TO me /
often."
Where were your meals served:"
''In the cell"
''They were passed into you as 70 the
murderer"
''Yes, sir The door was opened and /
he meals were handed in.
Orchard said his cell was 5 by Z
feet.
"You were not allowed to exercise or
cave your cell?"
mo. sir, not at first"
And you were not allowed to read? |
YES, sir. had two books from the |
library"
mo newspapers?
mo, sir
Now after you had been in confne-
nent ten days who came first to see
rou?"
Mr.. MCFARLAND"
Did you know him-that he was Il
Not until that timer"
so he came and sat outside your
,ell door?"
mo. sir. I was taken to the clerks
,ffice and saw him there
Orchard said he complained to Nc
7arland about being placed in the nen
ter tiary He told the detective the
authorities had no right to put him in
he penitentiary as he had not been
ried or convicted.
Talk of His Past Life.
Did MCFARLAND talk to you about
your past Efe?''
Yes, sir
"And his mast life 30