The semi-weekly messenger., 1907-06-25

Also as to the General Conspiracy
Charge Set up in the Allegation
Counsel for Haywood will Not Out
line Their Defense Until Monday
Morning.
Boise, Idaho, June 22.-The closing
Of the case of the state leaves the bat
tie against and for the life Of William
ID. Haywood in mid-field, and from
now forward the sides change, :he
defense assumes the aggressive, the
prosecution is on the defensive The
state will carry it's case on through
an aggressive crOss-examination and
then present testimony in rebutIl.
but it's main proposition and showing
are already before the jury. AS to the
Steunenberg crime which is the one
especially charged against Haywood,
the state has made the following show
ing:
Jack SimpkinS. member of the eX-
ecutive board of the Western Fedora
ton of Miners, went to Caldwell three
months before Steunenberg was mur-
dered. He travelled under the assumed
name of Simmons. and lived with Or
chard. He left Caldwell at the enG of
a weeks stay and later returned fer
d brief visit of less THAI a day Hay
wood sent 500 to Simpkins on Decem
ber 21, 1905, nine days before the mur-
der of Steunenberg, and an unsigned
letter sent from Denver on December
80, 1905. and showing by it's address
o"Thomas Hogan that the writer
knew the address of Harry Orchard,
contained the statement that that
had been sent to Jack on December
q, 1905. Orchard testified that Petit
bone, one of Haywood's co-defendants
wrote the letter. Without making any
request legal aid was extended to Or
chard within two days after his arrest.
Four letters were sent to Mrs. Or
chard. the second at Cripple Creek,
three by Orchard and one by Haywood,
at various times in 1905, and it is said
that they not only showed evidence of
abouts from his wife, but was part Of
a plan to make an alibi for him. Or
chard swore that Haywood was party
to the plan, and that to carry it out
Paddy Mullany, a member OF the fed
Grafton at Cripple Creek, undertook to
deliver the two letters he wrote at
Denver and dated at San Francisco,
and that Warren Moore a member Of
the federatiOns board, carried the third
letter to Nome, Alaska. and there
mailed it. The letter which was pro-
duced with it's envelope bore the post
mark lof Nome. Haywood's letter to
Mrs. Orchard bore the date of Novem
ber. 1905. at which time Orchard and
SimDkins were at Caldwell and made
the statement that the last the writer
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 Or
chard lived at Petitions house as 81
guest during the month of August,
1905.
Articles from the Miners Magazine
and some testimony as to the Couer
D'Alene strike of 1899 show animus
toward Steunenberg 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 COLI
nected with the alleged attempt on the
life of Fred Bradley at San Francisco,
by Independent witnesses. 1t has been
independently shown that while Or
chard was at San Francisco. Pettibone
using false names telegraDhed money
to him twice and that registered let
ter or package was sent to San Fran
cisco from Pettibone's Denver address
under name used by Pettibone in
sending one of the photographic remit.
ances. Other than by Orchards word,
1T has not been shown that the Brad
ley explosion was caused by a bomb
The casing Of the so-called Peabody
bomb has been produced and its his
tory largely provided by outside wit
nesses from the time it was made IN
Denver until it was discovered out OF