The Birmingham age-herald., 1907-06-23
Tomorrow Begins the Fight for
 His Lie
STATES SHOWING IS MADE
Orchards Testimony Is In Part Sup ported-Defense Will Try 10 Show Revenge In steunen-
 berg Murder.

Boise, Idaho, June 22.-rhe closing Of the case of the state leaves the battle for the life of William D. Haywood in mid field. and from now forward the defense will assume the aggressive and the prose cuton is on the defense. As to the Steu- nenberg murder. which Is the one specih- cally charged against Haywood. the state has made the following showing;
 States Showing.
 Jack SlmplSins members of the execu- tive board of the Western Federation of Miners. went to Caldwell three months before steunenberg was murdered. lie travelled under the assumed name of Simmons" and lived with Orchard He left Caldwell at the end of a weeks stay and later returned for brief visit of less than a day, His presence and move ments are shown by independent wit ncsses and registers of hotels where he stopped.
 Haywood sent $1O0 to Simpkins on De- cember 2l, 1905, nine days before the murder of Steunenberg, and an unsigned letter sent from Denver on December 30, 1So5 and showing by it's address to Thomas Hogan" that the writer knew the alias of Harry Orchard, containing the statement that that" had been sent to Simpklns. Without any request from Orchard legal aid was sent to him two days after his arrival through Attorney Fred Miller of Spokane
 I,s.ltsa r1 the second at Cripple Creek three by Orchard and one by Haywood, at various times In 1895, and it is claimed that they not only show evidence Of a plan to con ceal Orchards whereabouts from his wife, but were part of a plan to make an albl for him. Orchard swore that Haywood was a party to the plan and that to carry it out Paddy Mullaney member 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, a member of the feder- ations board, carried the third letter he wrote to Nome. Alaska, and there posted it. The letter bore the postmark of Nome.
 Haywood's Letter.
 Haywood's s letter to Mrs. Orchard bore the date of November 1905, at which time Orchard and Simpkins were at Cald- well, and made the statement that the last the writer had heard of orchard he was in Alaska Aside from the word of Orchard, Haywoods letter stands alone, and there is nothing to show that he was not himself deceived or that he was only helping OvChard in the less harmful act of deceiving Mrs Orchard. Through Orchards letter runs the suggestion that the federation was keeping Mrs. Orchard supplied with funds, but this too rests on Orchards word.
 Haywood Pettibone and Orchard are located together on two or three occa- sons in Denver between the spring and fall of 1895; and Orchard lived at Petit bones house as a guest during the month of August, 1905.
 Articles from the Miners Magazine and some testimony as to the Occur D Alene strike of 1899 show anlmus toward Steu- nenberg on the part of Haywood and other leaders of the federation On the general conspiracy set up in the allega- ton by the state the general showing has been as follows:
 Orchard has been traced through all of the more important places and crimes. 1t has been independently shown that while Orchard was at San Francisco, Pet tloone using false names, telegraphed money to him twice through the Postal Telegraph company and that a registered letter or package was sent to San Fran cisco from Pettibones Denver address and other names used in sending the re- mittanees. By Orchards word it has been shown that the Bradley explosion was caused by a bomb.
 Peabody Bomb.
 The history of the Peabody bomb has been proved by largely outside testimony. Miss Peabody confirmed one detail of the story Orchard told of one of the attempts to shoot her father, and Orchards story of his Journey to Canyon City to kill Peabody is given general confirmation by the testimony of William Vaughan, who was Orchards companion. Orchard went to Canyon City ostensiby as an insur- ance agent. and the state has produced q letter of recommendation written to the insurance company for him by Pettl- bone. The Judge Goddard bomb has been established. but the early history of the bomb rests on the testimony of Orchard. Reason for anlmus against Justices God dard and Gabbert has been shown by de- cisions adverse to Mover and the labor interesta in Colorado.
 Orchards testimony as to the Independ- ence outrage stan practically alone. His evidence as to the Vindicator outrage is in part supported by outside testimony.
 The showing that soon after the Vim dieator explosion Orchard joined Mover as q body guard and accompanied him on q trip to southern Colorado and the fact that Orchard spent August, 1sO5, as a guest at Pettibones home in Denver, attracted attention
 No Independent Evidence.
 Il Is contended by the defense that aside from Orchards testimony there Is not q single piece of independent evidence against Haywood or any fact that con meets Haywood with any crime.
 Ii Is manifest that the defense will endeave- to show that Orchard killed Steunenberg to be reyenged for the loss of the Hercules mine and several wit nesses 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 Simpkins was q prisoner in the bull pen'' where negro thrust a bayonet into his chest, circumstances that gave the two common causes against Steunenberg. There will likely be shown that all of the financial relations Of Haywood and Simpkins came in the natural and regular course of conducting the business affairs of the federation. In this connection, as well as to the grants of money and food, to Orchards wife and Steve Adams. the