The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-06-19

70 know how the witness g Explained the fac
that though this arrangement was made
in the summer Haywood's letter to his wife
was not written until November 10.
Yes, sir, | will, responded Orchard. Il
think that he forgot all about it until she
commenced bothering him to find out where
/ was"
Earlier in the day Lawyer Hawley had
shown Orchard a copy OF a letter that he
got through the mail Just after he was ar
der. Through a singularly stupid error OF
the Sheriff OF Canyon county this letter was
allowed TO be delivered to Orchard, who
promptly read and destroyed it, To-day
he looked at the copy n said that 1t was
exactly the same as the original which. he
4, Pettibone, though it was not signed.
The letter was dated at Denver on Decem-
Der 80. 1905. the very day on which Steuen-
berg was killed. 1t read:
FRIEND Tom Your letter received. That
was sent to Jack December q for you. He
should sent II so that you ought TO have il
by this time. Will not write any more this
time. Write me as soon as YOU get to your
new field.
Juror Sam Russell, he Of the patriarchal
whiskers.
It's not signed replied Lawyer Hawley.
Orchard testified that this letter from
Pettibone was sent in answer TO one from
himself asking for 500. The new field, "
he said, referred to his plan Of going back
10 Seattle and buying the ranch where
the federation leaders had planned that
members Of the federation in trouble could
go to hide.
IMPORTANCE OF A DRAFTS DATE.
The bearing Of this letter on one Of the
drafts offered in evidence a few days & is
important. On that occasion six drafts
ORA II N on N.a tiniia Nav Work hanHa hNy tho
First National Bank Of Denver we're pro-
duced. They were all but one made pay-
able to William d. Haywood and by him
Endorsed to the order of l.. j. Simpkins
Commonly. known as Jack Simpkins).
Only one Of these drafts WAS dated in De-
cembeT, 1905, and this was the only one
for a round sum, in this case 500, the very
sum that Orchard says he wrote to Petit
bone for.
All the others were for a given number
of dollars and some odd cents. such amounts
as might naturally be supposed to be due
for settlement of Simpkins's accounts as
executive board member OF the federation
the Idaho district. This December
draft was dated somewhere in the EOS
Of December, but the cancelling stamp Of
the bank has destroyed the second digit OF
the date.
Should scrutiny Of the bank stubs develop
the fact that this date was December n.
the same one mentioned in the alleged
Pettihone letter, il will probably con-
vince the jury that the letter was really
from Pettihone, as Orchard SAYS it is, and
that sIC0 had been sent to Simpkins to giveto
Orchard from the federation for his murder
Gus work.
1t is hard to pick any flaw in this reason
ing, Just as il is hard to account for the Hay
letter 10 the Cripple Creek Mrs. Orchard
on any other theory than the one which
Orchard himself swears TO be the true one.
Certainly Orchard was in Colorado when
he letters dated at San Francisco were
Certainly he was in Colorado
from him was mailed at Nome. Certainly
ne was in Idaho when Haywood wrote
his wife that the last he knew of Orchard
vas in Ala ska.
HAYwoop's REsPoSsIRILrTY
None of this testimony of course proves
that Haywood was a party to
Orchards criminal enterprises, but it does
,ircumstantial evidence that the State is
up to prove that Haywood and
Orchard were associated intimately, that
hey had an understanding for some feloni-
JUS purpose which Orchard was carrying
that they paid him considerable sums
" money while he was for two years on his
nurderous missions, that Haywood and
his associates agreed to look out for
Orchards wife during this time and that
hey were in league with him TO keep her
rom getting troublesome ana 0enAn0lng !
lis presence.
Orchards return to the stand was en-
irely unheralded. Word got around. how
'ver, that the multimurderer was again
estifying and the court room was packed
~ 1 O'Clock. Orchard was absolutely sure
" himself, yet not too confident, Earnest
less was written large all over his resolute
ace, and the trial again became tragedy +
md not a pale. unreal nightmare. He
ave a hard blow to one OF the heories hat
he defence had advanced, the theory OF
PERSONAL revenge
Lawyer Hawl ey asked him when il was
hat he sold his interest in the Hercules
nine which afterward turned out such a big
Orchard said that it was early in
s97, that he sold it to Dan Credonia in
'wned any part Of II after that date. This
assertion, unless it is upset. will go far to
the theory that Orcha rd killed
because he blamed Steunen-
for having TO sell his interest and get
ut Of the country, for the Ceur d'Alene
did not break out until 1895, and
was in no way a figure in the
d'Alene row until that year.
On cross-eXamination Orchard was asked
he hadn't merely pledged this stock
instead OF having sold it outright. Orchard
aid that was not the case. The defence
sked II the witness had not told Dave
and another mar hat he had merely
lodged IL and could have redeemed il
he had had the money. The witness
enied this too, and said hat he had never
old anybody that he blamed Steunenberg
Or his loss OF the mine and that he would
ct even yet. Lawyer Richardson asked
several impeaching questions re-
which he will produce witnesses.
I~MPEAcHISo QUESTIONS AsKED.
Didn't you in June or July, 1906 he
sked, sin a talk with Max Malich in his
tore in Globe vile tell Malich that there
as one man you would kill even II you had
} swing for il an hour afterward?"
NO, sir. ! didn't" said Orchard.
snidn't you aav that yoii wara hroka and