The Birmingham age-herald., 1907-06-19


 "No sir. I only talked to him about suing the railroad for loss of my trunk About Mrs. Orchard. 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 letter Hay
 wood had written to Mrs. Orchard, when the defense objected hotly on the ground that it was not evidence. Senator Borah argued that the defense had brought out l in the cross examination that Haywood had spoken of correspondence with Ms. l Orchard.
 'If there is any question of this being
 proper redirect testimony the court will allow the state to reopen" said Judge 1 Wood very positively, notwithstanding tho attempt on the part of Clarence Darrow to continue the argument. Orchard said that an arrangement was made through Pettibone with Haywood 1 that Mrs. Orchard should be told that | Orchard had gone to Alaska before he | went to San Francisco. Orchard said one letter was so written in Denver and handed to Paddy Mullaney, who was or | ganizer for the Western Federation of 1 Miners. Another letter was also given l Orchard said to be from Marion Moore. l who took it to Nome, Alaska, and mailed 1 1t from there. Marion Moore was then | agent for the Western Federation of Min 1 CTS and went to Alaska to organize the miners.
 | More Letters. At this point three letters were marked
 for Identification under a running fire of
 protest from the defense.
 Judge Wood, however, overruled all the l objections
 Two letters written by Orchard, sent | to Mrs Orchard through Paddy Mullaney | to Cripple Creek, was offered in evidence. l Counsel for the defense and Haywood | were in consultation over the letter for | ten minutes.
 Judge Wood carefully read the letters offered in evidence and after some min utes' consideration he admitted them. Another letter was introduced. It was a letter from Orchard to his wife, mailed | in Nome. Orchard said he wrote the let l ter in Pettibone's store in Denver, leaV- | ing the date blank and gave it to Ma | rion Moore, a member of the executive l board of the Federation of Miners, who was going to Nome. It was agreed that | the date should be filled in when Moore | got to Nome. Orchard said he was never | in Alaska or Nome. When the prosecution offered the next document decided stir showed that the | interest of the court room was aroused, HayWood's Letter, l Two letters were handed to counsel for the defense. These were from Haywood l to Mrs Orchard in Cripple Creek and in one of them Haywood, addressing Mrs. | Orchard as Dear Madam and Sister, | tells her that Orchard has gone to Alas ka Orchard said he had received letter from his wife while he was In Denver. It was handed to him, he said, by Hay wood
 Senator Borah read one of the letters from Orchard to Mrs. Orchard and pur- porting to come from San Francisco. In the letter Orchard told her In replying to hand the letter to Paddy Mullaney, who would take 1t to headquarters and it would be forwarded. All the letters were read to the jury. The last was the Haywood letter. writ ten on the letter head of the Western Federation of Miners. Senator Borah read the entire heading and the letter. Hay woods letter to Mrs. Orchard read prac- tically as follows:
 Dear Sister and Madam: I have not had any information for some time. The last had I think was from Alaska-Fair- field. I think, was the address. I see that terrible conditions exist among the law and order element at Cripple Creek.-W. D. Haywood
 This letter was dated from Denver, in November, 1905.
 Mir Hawley asked about an hours re- cess.
 Orchard was brought back to the wit ness chair at 143 and the redirect exam ination continued by Hawley.
 How to Act In Trouble.
 Orchard was asked If he had ever re- ceved instructions from Haywood, Mover or Pettibone as to what he should do f he got into trouble
 "Yes I had" replied Orchard; they told me any time I got into trouble not to write or wire them, that they would send some one to look after me"
 Hawley turned from these details to the penitentiary after the arrest The state brought up the Adams incident in the penitentiary and asked Orchard if it was not true that Adams saw some one be- fore he saw Mcfarland and before Adams made any statements to him.
 Orchard said Adams stated to him that he had seen an attorney named Moore.
 The question of the right of the state to go into any statement made by Adams to Orchard was argued by both sides and an objection by the defense was overruled. Continuing, Orchard said: Adams saw attorney some days before he saw Mcfarland; he talked to me about making confession" The adpissbility of the conversations was objected to by Richardson. who claimed that this was an effort to intro duce the Adams confession under the guise of a conversation. Adams Confession.
 Judge Wood ruled that the state might show what Adams had said about a con- fession but would not go into the con fession itself"
 Adams told me-" said Orchard. that could not be alone In making confession, but that he thought that he would make a confession himself" After this conversation. did you and Adams continue to occupy the same cell. and did he occuny 1t with you after the