The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-06-18
LIED TO HIS WIFE.
Harry Orchard Wrote Mislead-
ing Letters to Her.
To Make Her Think That He
Was in Alaska.
LETTER OF HAYWOOD.
Showing That He Was Party
to the Deception.
Also Admitted in Evidence by
Judge Wood.
LETTER OF HAYWOOD.

Orchard recalled to the stand, nrSl 10
be formally prepared by the defense
for impeachment, and then to be re-
directly examined. the state produced
this morning number of letters writ
ten by the witness and one by the
prisoner Haywood. the purpose of
which was to show that there had
been conspiracy to deceive Mrs Or
chard of Cripple Creek to the
Whereabouts of Orchard in the spring
and summer of 1905. The defense
vigorously protested against the intro
duction of the matter, but the court
ruled that If it was improper on re-
direct examination he would permit
the state to reopen its examination.
Orchard swore that Haywood said
in the spring of 1905 that Mrs. Or
Cchard was repeatedly writing to him
IS to Orchards whereabouts and Or
chard suggested that he write her
series of letters. date them at San
Francisco and have them delivered
through agents of the Western FEEDER
alton of Miners. Two were thus writ
ten and the state producing them, Sc
cured their admission. Then one was
written. dated at Nome, Alaska, and
given to Marion Moore, then an or
ganizer for the Western Federation of
Miners to take to Alaska and mail
The state produced the letter over OBJ
1ections and secured its admission.
The state produced a letter written
by Haywood himself to Mrs Orchard
showing that the prisoner had know
ledge of the Alaskan story and this
too was admitted in evidence.
Orchard also testified that the re-
plies of Mrs. Orchard were sent to him
through Haywood.
The impeaching questions pro-
pounded by the defense indicated a
purpose by the defense to show that
at various times Orchard threatened
to kill Steunenberg because of a de-
sire to be revenged for the loss of
his interest in the Hercules mine.
Proceedings in Detail.
Boise, Idaho. June 1S.-An the
members of the Haywood family were
in the seats near the prisoner when
the case against William D. Haywood
was resumed at~9 80 a. m. this morn
ing I'm the Ada county district court.
During the intermission since the ad-
journment on Saturday a large num-
ber of witnesses have arrived in Boise. |
The court room was only about half
filled. however. at the time court con-
vened. J. T. Nichols. who was a depu
ty sheriff of Canon county and in
charge of the jail at Caldwell at the
time of Orchards arrest after the
murder of former Governor Steunen- |
berg, was the first witness. Orchard. !
in his statement on the stand, said
that while in the Jail at Caldwell he
received a letter from Pettibone. The |
original of the letter was destroyed by /
.Orchard. but Nichols made a copy Of
1t before giving it to Orchard.
The copy of the letter was produced !
and identified by Nichols. A section of /
the original envelope was also pro-
duced and Identified The letter was
not read The witness said that it was I
not signed.
Nichols testified that Fred Miller, ,
lawyer of Spokane, had called upon
Orchard shortly after he was placed in .
the Caldwell Jail. Miller is now one
of the attorneys for the defense of
Haywood. Nichols said that Orchard /
had not sent a telegram summoning
Miller, but that he had received a tele-
gram signed M"
A copy of the telegram was pro-
duced and identified by the witness.
Nichols was proceeding to tell of
conversation with Miller. when the de-
fense raised an objection and after
argument the testimony was admitted.
Nichols said that Miller had told him
that money sent to Orchard should be
turned over 10 Miller as his attorney.
Harry Orchard Recalled.
Nichols was allowed to go without
any cross examination and Harry Or
chard was called. The notorious pris-
oner witness entered the court room
judges room. His appearance Great
ed none of the interest that marked
his first entry into court. He came in
with his customary brisk step.
E. F. Richardson at once COM
menced the cross examination. 1t be-
came evident that the defense pro-
posed to bring a number of witnesses
to prove that Orchard had for years
nursed a vengeful spite against Steun-
enberg and had repeatedly made
threats against him.
do you know Max Malich of Den
ver?" asked Mr.. Richardson.
Yes sir"
Did you in June or July of 1905,
say to Max Malich, you and he being
alone, that you were going to kill
Steunenberg even if you had to swing
for it ?"
mo. sir. I never had any such con-
versation.''
Senator Borah asked if he couldn't
place the time closer than June or
July. 1905.
NO man can fix the exact day of
such an occurrence" said Mr.. Rich
ardson somewhat hotly.
I'VE will have Max Malich here and
he may fix it for you, but it is not like
ly that he can give you the day of the
Did you say that steunenberg was ,
a mean - - and that had it
not been for Steunenberg you would
have been a millionaire. because you
had owned a sixteenth share of the
Hercules mine and that Steunenberg
had driven you out of the state ?"
mo, sir. I never said any such I
thing
Orchard was very positive in his re-
plies and showed no hesitation. Mr. :
asked him If he knew
Lottie Day of Denver and remember ]
ed meeting her in a room at the Del {
mont hotel. where he told her that he
Intended to kill Steunenberg. This I
also Orchard denied
Denies All Threats.
Orchard was asked if he had not E
made similar threats in the hearing ]