The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-06-23
Defense To- morrow Be.
gins Task Of Proving
Orchard Story F alse.
FACTS ALREADY
ESTABLISHED
Evidence Shows that Orchard
Received Money from Fedora
ton Officers, and Was Close
to Haywood and Petit
bone-Plan OF
Defense.

BOISE. IDAHO, June 22--The clos
ing Of the case OF the State leaves the
battle for the life of William D. Hay
wood In mdneld. and from now for.
ward the sides change. the defense as
aumes the aggressive, and the prose-
4 cution Is on the defensive. The State
Will carry It's case on through an ag-
gressivc cross-examination and then
present testimony in rebuttal; but its
main proposition and showing are al
ready before the jury As to the
Steuncnberg crime, which is one spe-
clfically 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 rnur-
dered He travelled under the assumed
name of Simmons. and lived with Or.
chard He left Caldwell at the end
OF a weeks stay. and later returned for
a brief visit of less than dey-
Haywood sent 800 to simpkins on
December Il, 1905. nine days before
the murder of Steunenberg. and an
unsigned letter. sent from Denver on
December 80, 1905. and showing by
it's address TO Thomas Hogan" that
the writer knew the alias OF Harry Or
chard. contained In the statement that
that had been sent to Jack" on De-
.cember 81 1905 Orchard testified that
Pettibone, one of Haywood's code
PENDANTS. wrote the letter Without
making any request legal aid was eX-
tended TO Orchard within two days
after his arrest.
Haywood Party to Plnn.
Four letters were Gent to Mrs. Or
chard. the second at Cripple Greek
three by Orchard and one b. Haywood
at various times in 1906, and IT Is
said that they not only showed CYL
denee of a plan TO conceal Orchards
whereabouts from hts wife, but was
part OF plan to make an aiibi for
him. Orchard fswore that Haywood
was a party 10 the plan. and that TO
carry it out Paddy Mullany. a mem
ber of the federation at Cripple
Creek. undertook to deliver the two
letters he wrote at Denver and dated
at San Francisco, and that Marion
Moore, member of the federationi
board. carried the third letter to-
Nome, Alaska, and there mailed It,
The letter, which was produced, with
Its envelope, bore the postmark of
Nome. Haywoodfs letter to Mrs. Or.
chard bore the date of November. 1905.
at which time Orchard and Simpkins
were at Caldwell. and made the state
+
heard OF Orchard he was in Alaska
Haywood, Pettibone and Orchard
are placed together on two or three
occasions in Denver, between the spring
and the fall of 1905. and Orchard lived
at Pettibone's house as guest during
the month Of August. 1905.
Pcttibone Supplied Funds.
Articles from the Miners Magazine
and some testimony as to the Occur
d'Alene strike OF 1893 show animus
toward Steunenbers on the part OF
Haywood and other leaders of the fed
Grafton. On the general conspiracy
set up in the allegation by the State,
the showing has been as follows:
Orchard has been traced through all
OF the more important movements con-
nected with the alleged attempt on the
life of Fred Bradley at San Francisco
by independent witnesses. It has been.
independently shown that while Or
chard was at San francisco, Pettibone,
using false names. telegraphed money
to him twice. and that a registered let
ter or package was sent to San Fran
cisco from Pettibone's Denver address,
under a name used by Pettibone in
sending one OF the telegraphic re-
mittances.
Other than by Orchards word 1t has
not been. shown that the Bradley ex-
plosion was caused by bomb
The casing of the so-called Peabody
bomb has been produced, and its his
tory largely provided by outside wit
Hesses from the time 1t was made in
Denver until it was dug out OF the ice
in the Occur d'Alene district.
Always Linked Together.
Miss Peabody confirmed one detail
of the story Orchard told Of one of the
attempts to shoot her father. and Or
chard's story of his journey to Canyon
City to Kill former Governor Peabody,
Is given general confirmation by the
testimony of William Vaughan, who
was Orchards travelling companion.
Orchard went to Canyon City ostensi-
bly, as an insurance agent, and the
State has produced a letter OF recom-
mendatloH written to the insuratrec
company for him by. Pettibone.
The discovery OF the Goddard bomb
has been established, but the earlier
history OF the bomb and all of the
plot centring around 1t rests on the
testimony of Orchard
What Defense Claims.
The chief confederation of Orchards,
testimony has heen as to things he
did and the time and manner of their
doing, and 1t Is cortended blythe de-
fcnse that, aside from his testimony.
there is not single piece of independ-
ent evidence against Haywood or any
fact that Independently connects Hay
wood with the crime charged or any
other crime.
Counsel for Haywood will not out
line their defense until Monday morn
ing, but their course during the cross
examination makes their general course
clear, It is manifest that they Will
endeavor to show that Orchard killed
Steunenberg to be revenged for5the loss
s1esses will swear that they heard Or
chard tell the Hercules tale and vow
that he would kill Steunenberg, They
will probably show also that Jack