Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-06-25
HAS STATE MADE CASE /?
Review Of What the Evidence
of Prosecution Shows in
Haywood Case
DEFENsE's THEORY is WEAK

OF Mime Owners Involves Grave Con
tradictions-Orchar Bad Characte
Point in Haywood's Favor-Othe
News,
Boise, Idaho, June 25-The testimon.
of the state being all in. it is possible
to give fair resume of what the state
has done to connect William D. Hay
wood with the murder of Governor
Steunenbery 1t produced first the wit
ness Orchard, who confessed to the
murder and declared that he commit
ted ii as part of a conspiracy in which
Haywood, rPettibone and Meyer were
the chiefs and he the tool The testi-
mony of Orchard was admittedly the
DARKEST story of a criminal life ever
told on u witness stand, but alone it
was totally inadequate to convict Hay
wood. The law does not premit a con-
victlon on the unsupported evidence
of an acconplice. Therefore. the real
interest in the testimony of the state
after the first horror of the Orchard
recital lay not in Orchards story, but
IN the amount of confederation which
should be brought. Has the state made
u case in law I? Has it sufficiently cor
toborated Orchard? In denying the
motion of the defense for a dismissal
Judge Wood in effect said there was
enough confederation to send the case
to the jury. Whether there is enough
10 bring verdict of guilty from the
Jury room is another question.
The state has shown that Orchard
was member of the Western Fedora
ion of Miners; that he was on terms
If intimacy with Haywood, Meyer and
'ettbone; that upon one occasion he
accompanied Meyer to Telluride as
guard When the latter feared violence;
hat he frequented Petitioners store.
ind tnat ne; made some of his bombs in
little shop directly in the rear Of
MS establishment; that he received
money from the Western Federation in
traits sent him by Pettibone under an
assumed name or thru the forging of
he name Of his clerk. Orchard testi-
led that he suggested to Haywood that
us wife should not be told of his
whereabouts, for he feared She would
ave him arrested. The state has
proved by Haywood's own letters that
e joined in the deception by writing
drs. Orchard that Orchard was in
llaska when he was, as matter OF
act, in Idaho ON the mission to murder
'teunenberg.
After Orchards arrest at Caldwell
lie received a letter, unsigned, but
hown to nave been written by Petit
one, assuring him, Orchard, that
'impktns had been sent the money he
lad applied for. The defense will
lain that Simpkins' business in Cald-
yell was 10 visit miners locals" but
ne state has shown that Simpkins re-
named in Caldwell for a week, where
S an official inspection need not have
etalned him more than a few hours.
he complication is that Orchards
tory that Simpkins was there TO help
i'm kill Steunenberg is true.
Orchard swore that the defendant
ought him a horse and buggy in Den
or to aiG him While he was going
bout his attempts to kill Justice God
ard, Governor Peabody and Chief jus
ce Gabbert. The state produced the |
ran who sold the rig, who swore that |
richard cStme to him and that together
ley drove to Petitioners store Or |
lard got out and ran upstairs. return |
lg with another man. with whom he |
rove away. On their return the deal |
NJ the horse and buggy twas COM |
eted and the bill of sale was made, |
illness recognized Haywood as the
AN with whom Orchard came down
airs and drove away
On the other hand. it should not be
that, while Orchard may
ave committed the murders he con-
sses, he might have committed them
l his own initiative. The ross-exam-
alton of the confessor showed that
: was once in the pay of the Pinker-
n agency, that he committed one of
s greatest crimes. the holding up of
20 men in the indicator shaft, be-
re he knew the defendants. Tho
ate expects that weak links in its
lain will be strengthened by the de-
nse itself
The defense will involve the theory
at Orchard committed the murders
his, career as an agent of the mine
vners in order to blacken the fedora
IN. This is a theory which involves
ave contradictions, for. while the
inc owners might have set him on
destroy property in order to create
feeling against the federation. it
yer Sent him to San Francisco to
urder Bradley nor to Idaho to kill
The motive of the mine
iners is here too remote. while that
Haywood is at least plausible
The defense will rely to a great eY-
ut upon the previous good character
Haywood and the admittedly bad
aracter and hideous record of Or $
ard 1t will make the most of the
Of Orchards story and {
: to impress the jury with the idea f
at Orchard has been promised immu- ,
" for the crimes he cannot hide any :
lger by attempting to involve Hay {
,od with himself. :
Kills catarrh Germs.
Stomach dosing cannot kill these +
.,,,c. - d;,aot local fraa t,napf is al