Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1907-06-21
WILL REQUEST COURT
TO DISCHARGE
HAYWOOD
Defense Will Urge That State
Has Failed to Con-
meet Him With
Murder.
| |ORCHARD'S WIFE
MAY GO ON STAND
Should Judge Deny Motion to Dis
miss Case. She VIII Probably
Be The First Witness
in Favor of
Prisoner.

Boise. Idaho, June 21.-The state
this morning made its last tender of
evidence against VIM. ID. Haywood,
and the defense will this afternoon
ask the court to instruct the Jury to
find verdict for the prisoner.
Some important pieces of testimony
were offered this morning. Charles
S. Kingsley, handwriting expert, tes-
titled that the writing of the waivers
on the money kilograms sent from
Pettibone's store in Denver in the
names of ~. Wolff" and "P. Bone,'
to III. Green" in San Francisco was
done by the same hand that penned
Pettibone's letter to John l.. Stearns.
Sold Horse to Haywood.
Jim Seahorn, colored horse deal
er of Denver, testified to the sale of
a horse and buggy to Haywood in
Denver, and identified Haywood as
the purchaser. Orchard had testified
as to the sale OF a team to Haywood
and said that the team was needed
to get about while getting in their
work in connection with their various
undertakings.
Seahorn said that Orchard came TO
him, and with him drove to Petit
bones place Of business, and Petit
bone drove with them to the head
quarters of the Western Federation.
There Haywood was called out and
bargain struck for the outfit.
State Ends Case.
This is the first connection of Hay
wood with Orchard and a strong cor
roboration of his story.
A stipulation by the defense admit
ting the fact that Haywood telegraph
ed money to Steve Adams at Ogden
in 1903, and a ruling by the court
denying the admission of a dissenting
a MnUnF hah
case in Colorado, cleared the direct
work OF the prosecution, and opened
the way to a plea and the case of the
defense.
Court adjourned at 1880 until this
afternoon.
Goddard ON Stand.
The examination of Justice Cod
dard of the Colorado supreme court
was the picturesque event of yester-
day. The Colorado judge made an
impressive appearance. His tall.
well-knlt frame, his closely trimmed,
grayish beard, his scanned but ruddy
face from which twinkled two search
ing, serious blue eyes were very strik-
ing. He gave his testimony with
clearness and precision. There was
no evidence of malice or i'll feeling,
though he was detailing with great
minuteness the unearthing of a dead
ly bomb that had been planted in
his gateway, over which he and every
member of his family had passed for
months before discovery. and which
was intended by the maker to blow
him or, it might be, members OF his
family to eternity
The two hours he was upon the
stand were as impressive as any per-
iod of the trial. AS he opened pack
ages in which had been wrapped the
contents of the bomb he was speak
nNnannifa "a pria
the rusty steel eyelet that had been
screwed into his gate to which a
string was attached that was TO ex-
plode the mine when the gate was
opened, and the other things that
made up the deadly instrument. the
jurors craned forward, and the law
yers and audience in the courtroom
strained both ears and eyes that they
might not miss an object nor a word
the witness spoke.
Mrs. Orchard No. 2.
A witness whom 1t Is expected that
the defense will introduce, should the
court find against its motion for a
dismissal of the prisoner at this time,
Is Mrs. Ida kreig Orchard, second
wife of Harry Orchard, who is pining
her life away in the little town Of
Altman, Colo.
Since the terrible confessions made
by her husband, in which he said
Mrs. Orchard No. has lived in the
closest seclusion. She has persistent
ly declined to be interviewed. More
than once she has threatened with a
shotgun intruders who have sought
her humble cabin in the mountains.
Altman, the scene OF some of Or
chard's most diabolical crimes, Is the
highest incorporated town in the Uni
ted States. 1t is 1850 feet above
the sea.
The Orchard home is an eight
room structure OF an architectural
style typical of mining camps. IL
Is all on one floor and Is called
cabin"
First Husband.
Mrs. Orchard was born In New Jer-
sey, Of German parents. The family
moved when she was 4 years old TO
Ennisco, Texas. Later she met AL
bert IL. Toney and they were mar
rled
He was very good to me and his
children" said Mrs. Orchard II
think he was the best man that ever
lived. such men do not live nova
days. 1 have been so deceived and
cheated since his death that 1 have
lost all faith in humanity"
After their wedding the happy
young couple moved to a small coal
mining camp near Como, Colo Toney
was employed as head machinist.
while his wife kept the accounts OF