Evening star., 1907-05-05

made public, but 1t contains an alleged ad.
mission Of participation in nearly thirty
murders, and that Orchard charges Hay
induced him to commit the crime. and hav-
ing paid him an agreed cash sum for each.
1t Is alleged that Orchards confession
has been amply confirmed. that he will go
upon the stand and will freely repeat 1t
with the fun knowledge that when his turn
comes for trial he will be convicted and
executed. 1t Is said that Orchard desires
to make clean breast Of his past, and
he is quoted as saying that he desires to
clear the whole thing UP before / am
executed
As to the kidnapping.
The prosecutors believe that they can
corroborate the confession In all its most
important aspects. 1t is alleged that Petit
bone was an expert on explosives, and
that he, Mayor and Haywood Jointly plotted
the crimes.
On February II, 1906 Haywood Meyer
and Pettibone were arrested in Colorado.
and Immediately brought to Idaho. The
arrest was made by Idaho officers. The
governor of Colorado honored the requisi-
ton of the governor OF Idaho, but there
was no judicial proceeding in Colorado, a
circumstance that led to long and bitter
contest.
The affidavit charging that the men were
in the state of Idaho at the time of the
murder being admittedly false In fact,
though true as compliance with the letter
and spirit of the statute, according to Of
hcers of the state. gave rise to widespread
discussion as to the propriety of the action
of the two states involved. Then through
out the country went the cry that the three
prisoners had been kidnapped in defiance of
all constitutional rights.
This phase of the question was later test
ed by means of wrtts of habeas corpus and
an application to the United States Supreme
Court, the result being victory for the
state Of Idaho.
Story of Counterplot
There have been various preliminary legal
proceedings in this case in Idaho and much
delay due to one cause or another The
most important proceeding has been a
change Of venue taken recently from Can
yon county to Ada county on application Of
the defense. on the ground Of prejudice.
Special counsel for the state Of Idaho and
the officers and detectives connected with
the prosecution have maintained silence as
to the case. and little Is known publicly
as to its details. Progress will be con-
tested at every point by an alert group Of
strong counsel for the defense. 1t is thought
by many lawyers that the fate of the case
here and in the higher courts hinges on the
admission or rejection of certain evidence
A specific murder is charged and the con-
finement Of the evidence to that crime may
exclude many features of the general con-
spiracy set up In the story.
The defendants deny their guilt most
positively and in turn assert that they are
the victims of giant conspiracy as daring
in conception as the one alleged against
them Their attorneys have withheld their
plans; but 1t is generally believed that while
they will admit that they will set UP the
theory that the plot and instigation came
from their old enemies, the mine owners.
They will probably seek to show that Or
chard made his confession in the hope that
he would save himself under promise OF
immunity and that the revenge feature is
an Invention to give plausibility to an i'm
possible tale.