The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-19

ieaqlng 70 the Judges room. Ills APP
pearanee created none of the interest
that marked his first entry into court.
be came in with his customary brisk
step and preceded and followed by
deputies and "gun men,"
z. +. Richardson at once commenced
the crOss-examinatiOn. It became evil
dent that the defense proposed to bring
number of witnesses to prove that
Orchard had for years nursed a v"rge-
full spite against Steunenberg, 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 1903 say
TO Max Malich. you and he being alone,
that you were going to kill Steunen-
berg even if you had to swing for it?'
No, sir. 1 never had any such con-
versation."
Senator Borah asked If ne couldn't
place the time closer than June or
July, 1905
NO man can fix the exact day of
such an occurrence" said Mr.. Richard
son. somewhat hotly. I'VE will have
Max Malich here and he may fix it for
you, but it is not likely that he can
give you the day Of the CONVERSE
ton"
DeniaIs by Murderer.
Did you say that Steunenbers was
not been for Steuuenberg 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 never said any such
thing"
Orchard was very positive i'm his re-
plies. and showed no hesitation.
Mr.. Richardson asked him if he knew
LOttie Day of Denver. and at a meet
ing I'm d room at the Belmont hotel,
told her that he intended to kill Steu-
nenberg. This also Orchard denied.
Orchard was asked if he had not
made similar threats in the hearing
and presence of Kid Waters of Grip
pie Creek, and others. He was asked
if he had not told DR.. ]. s. MCGEE, for
merly of Wallace, that he was a spy
and that he was going to "get even"
with Steunenberg. He positively de-
MED that he had. A conversation with
ID. c. Coates, formerly lieutenant gov
ernor of Colorado, was repeated by
Richardson.
In this Orchard is alleged to have
said:
The more see of my old partners
in the Hercules, the more bitter l feel.
They all are rich and 1 am a wander
ing pauper. I'll get even with Steunen-
berg yet"
Orchard said quietly: Il never made
any such statement, either then or
elsewhere"
Redirect Examination.
At this point the state took Orchard
over for the redirect-examination
j. II. Hawley asked as to his interest
in the Hercules mine which he said he
sold in March, 1897. This was some
time prior to the troubles in the Occur
d'Alenes, when in 1899 Orchard was
there and left the state after blowing
up the concentration at Wardner. The
copy of the letter identified earlier in
the morning by Deputy Sheriff Nichols
was handed to Orchard and the con-
tents We're identified by him. The let
ter read, in effect:
Dear Toni have received yours
and have sent that to Jack. l hope to
hear from you as to your movements,
and that you will be successful" There
was no signature.
Orchard said i'm his direct examina-
ton that the letter came from Petit
bone.
A copy of a telegram from Spokane
was identified by Orchard. The tele-
gram read:
Attorney Fred Miller Will start for
Caldwell in the mOTning.-M."
Orchard said he had not made any
arrangement with Miller. but that in
October 1905, Simpkins had told him
that if he ever got into any trouble the
firm in Spokane of which Miller was a
member would be good men.
What did he mean by your getting
into any trOuble?" asked Mr.. HawIey
Il suppose he meant trouble over the
killing of SteunenbeTg."
You did not speak to Fred Miller
about trouble of this kind when in
Spokane?"
No, sir. l only talked to him about
suing the railroad for the loss of my
trunk
Letters to His Wife.
From this the state jumped to April.
1905, and asked what Haywood had
said to him about writing to his wife.
Orchard was proceeding to tell of a
letter Haywood had written to Mr..
Orchard when the defense objected hot
~ on the ground that it was new evil
dence. Senator BOrah argued that the
defense had brought out i'm the cross