Los Angeles herald., 1907-06-17
ORCHARD s TRIAL
FOR MURDER TO
Be CONTINUED
Witness Must Appear
at Caldwell
Trial Of Haywood VIII Be Delayed for
Day Until Assassin Of steunen-
berg Answers Charge in
Another Court
By Assoeiated Press.


BY Assoeated Press.
BOISE, Idaho, June 16.-While the
trial of William D. Haywood, charged
with conspiring to secure the murder
of former Governor Steunenberg, stands
suspended for day, Harry Orchard,
the chief witness In the case, will be
taken to Caldwell, in Canyon county,
where the case against him for the
actual murder of Steunenberg Will be
called and postponed until the next term
of court. Judge Fremont Wood, who is
presiding Gin the Haywood case, will
hold court in Canyon county tomorrow,
acting for Judge Bryan, who is dis
qualified in the Orchard case because
his partner is or was counsel for
Orchard at the time of his arrest.
Orchard will be taken to Caldwell on
the local train leaving here at o'clock
tomorrow morning. He will be in
charge of Warden Whitney Of the Idaho
penitentiary and a force of guards.
The adjournment of his case will be
merely a perfunctory matter, not TAX
ing more than few minutes. The
prisoner will at once be brought back
to Boise.
The Haywood trial will be resumed
at $3.50 Tuesday morning, when the
state will continue the introduction OF
evidence in support of the Orchard
story and endeavor further to link the
defendant with the conspiracy to nur-
der Steunenberg, as outlined by Orchard
In his confession. So far the evidence
has been corroborative of Orchards
story of his crimes In major and in
minor detail.
Must Connect Haywood
The direct connection of Haywood
has yet to come out in evidence. Ger
tain evidence has linked him with
Adams, whom Orchard says was his
partner in number of crimes. Docu-
mentary evidence has shown Hay
woods connection with Jack Simpkins,
but as Simpkins was member of the
executive board of the Western Feder-
alton of Miners, of which Haywood is
still the secretary and treasurer. coup-
sci for the defense claim that the drafts
bwere- drawn In the. regular course OF
| the federation business and that the
production of drafts from Haywood ana
| Simpkins have no connection with a
conspiracy being, In fact, on the rec
ords Of the federation.
Simpkins is named in the Indictment
with Haywood, Meyer and Pettibone,
DuL Il6 HSS IlOL DCSH GILL CotC0.
One of the drafts in his favor was
drawn after the murder of Steunen-
berg. The state has shown by some
witnesses that Simpkins was with Or
chard in Caldwell prior to, but not at
the time of the murder. The last draft
produced in evidence and identified by
the cashier Of the Denver bank was
drawn in January, 1905. 1t was In
dorsed by Simpkins wife and paid to
her by bank in Spokane. Steunenberg
was killed December 30, 1906. The draft
in favor of Simpkins was drawn prior
to the time Orchard made his confess
sion and about three weeks before Hay
wood was arrested in Denver.
1t Is rumored that the whereabouts
of Simpkins are known and that he will
be produced as a witness at the proper
time. Counsel for the defense and
prosecution do not confirm the report.
1t is probable that the case, in direct,
for the state will rest by the end of
this week. Counsel say that it will
take at least until Friday next to con-
clude. Adams may be called to the
stand in a few days, but this is not
certain.
A strong effort will be made to get
Adams reputed confession before the
Jury and will, of course, be fought
vigorously by the defense.
On Tuesday the state will offer in
evidence copies of certain printed
articles over Haywood's signature
showing the language usec by the de-
fendant against Steunenberg when the
former governor was running for office.
The decision of the supreme court Of
Colorado, having to do with the eight
hour bill which Haywood was support
ing and which was declared unconsti-
tutional by the supreme court when
Judge Goddard was on the bench, will
be offered in evidence.
Orchard swore that he was employed
to kill Judge Goddard and Judge Cab
bert of the supreme court and that he
did attempt to kill them.
Have More Evidence
The evidence in further corroboration
of Orchards story of his attempts on
the life of Fred Bradley Of San Fran
cisco is said to be forthcoming and will
be introduced this week. The most
essential Of these are the copies of the
kilograms which Orchard swore he re-
ceived from Pat Bone," or Pettibone.
These, he said, were received by him
over the Postal Telegraph company.
and that several sums of money were
sent to him during the months he re-
mained in San Francisco waiting his
opportunity.
The defense has already announced
that it will have between $50 and 200
witnesses. Subpoenas have not been
asked for those, and it is therefore
probable that it will be shown that
they have come forward voluntarily to
testify for Haywood. That this will be
done is almost certain from the ques-
tions asked the states witnesses to
show that they were brought to Boise
on subpoenaes in most instances and
served by the Pinkertons and that
many Of them were advanced money
from the Pinkerton officers. The witt
nesses, it is understood, will be chiefly
in contradiction of Orchard by alibi as
to the whereabouts of Haywood or
Meyer or Pettibone, and even of Or
chard himself.
Both sides were busy all day today
in preparation for the continuation Of