Waterbury evening Democrat., 1907-06-12
EVADES TRAP
Orchard Who Tells of Murder and Assassination Coolest
 One in Court
NAMES SOME PRESENT

DOlSc, iudHO, Juue lI.-iidiiy Orchard, calm and self-possessed, began to-day the seventh day of his examination in the chapters of his later life, which, beginning with petty social offenses, lead on through a maze of fearful crime to the peni- tentiary and shadow of the gallows. For six days judge, jury, lawyers, newspaper men and spectators have listened to this auto recital that runs the gamut of evil doing until mere murder has become commonplace and wholesale assassination barely enough to cause sensation in the crowded court room.
 So far no subtle trap laid by coun- sel accustomed to lure witness to contradiction has caught Orchard in material contradiction of his original narrative.
 He is willing to tell everything he has done; to give the. closest detail detail so minute that some difference seems inevitable when it Is retold, but not once has this difference been sufficient to give his cross-examiner hope that he can impeach the witness by showing contradictions. Counsel for the defense themselves say that their associate, who has taken upon himself the task of cross-examina- tion, is baffled at times by the direct ness and the absolute cohesion of Orchards replies. They are not slow to pronounce Orchard the most re- markable witness they have ever seen and even say that he is possibly the most peculiar psychological study ever offered for the dissection of a cross-examiner.
 The suggestion Gas been made that the man has been coached for the ordeal. Warden Whitney of the Idaho penitentiary laughs at the idea. He, too, after watching Orch ard for more than twelve months, pronounces him as far beyond his ken, notwithstanding his intimate knowledge of the character of crim- inals. Orchard, he says, has not talked for fifteen minutes about his examination with anyone since he first went on the stand. He spends his time alone when not asleep or eating, thinking or reading. Orch ard is brought in from the peniten- tiary every morning and is taken to the office of J. H. Hawley, counsel for the state. Detectives and trusted deputies guard every entrance. Just before the hour for the opening of court closed carriage drives to the door and in few minutes Orchard, surrounded by group of detectives, passes quickly into the carriage. the warden of the penitentiary and two deputies enter and they are driven to the court house. Orchard always enters the building by the stairway made temporarily by an extension of the fire escape for the use of the jury and the prisoners. Haywood is brought in by the same stairway and is also closely guarded.
 A remarkable feature of the cross examination has been the freedom al- lowed by the prosecution to counsel for the defense. Objections are seldom made. MT Rlchardson's questions are frequently misleading. but this brings no protest.
 Mir Hawley's objections are more frequently overruled than sustained. Judge Wood has evidently determined to give every latitude fin the examina- ton of Orchard and to aiIow every detail of the story to go to the jury.
 The cross examination of Orchard has been carried out in such extra ordinary detail and so much time has been consumed by threshing the same straw over and over agaln that there is reason to believe Richardson hopes to wear the witness down. The whole of yesterday afternoons testimony was confined practically to a few months of the time Orchard spen. in Denver after returning from his trip to California, where he tried to kill Fred Bradley. Many plans wtrc made for murder and assassination, and some petty crimes were committed but Or chard had not succeeded in "pulllng anything off." When court adjourn cd. he was starting .or Canon City, Col. for the purpose of assassinating former Governor Peabody. who seems to have borne charme dufe. so many times dId he escape the bullet or the bomb of the men who waited to Kill him. During his narration. Orchard continually mentions the names of people who are in the courtroom as spectators or as witnesses. Mrs Steve Adams and Mrs Pettil,one are always present "Bill" Easteriy, who has formally been charged by Or chard with participating in hIs plans Is constantly an attendant and James Klrwin, the acting secretary of the Western Federation Of Min CTS. and whose name has been brought In by Orchard from time to time. hut who has not been. charged by the wit- ness with having helped Ia any of the conferences. ls generally an Intetest- ed listener. Mir Kirwsn came to Boise on a summons from the state.
 The Western Federation Is now holding It's annual session at Denver. and q substitute for Klrwan was se- lected In order to allow him to attend the trial Haywood. while In the courtroom. has received several te,e- grams from the membens of flbe fei- erSfIon now In session He always seems gratifel to receive them snd shows them to members of bis coun-