The Montgomery advertiser., 1907-06-19

in the penitentiary and asked Orchard If 1t was not true that Adams saw some one before he saw Mcfarland and before Adams made any statement 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 de- gfense was overruled. Continuing or chard said: r
 Adams saw an attorney some days before he saw Mcfarland, and he talked to me about making confession"
 The admissibility of the conversa- tionTwas resisted by Richardson, who calimed that this was an effort to in- troduce the Adams confession under the guise Of a conversation.
 Judge Wood ruled that the State might show what Adams had said about a confession but would not go into the confession itself. an What Adams Said.
 Adams told me-" said Orchard, "that I could not be alone in making com fession. but that he thought he would make a confession himself"
 After this conversation. did you and Adams continue to occupy the same cell and did he occupy 1t with you af- ter the conversation with McParland?' asked MT. Hawley.
 Yes. sir; he did
 Did you and Adams have a con- versation with Senator Borah and my self in the penitentiary shortly after your talk with. AdamsT
 Yes. sir"
 'Was this matter of the Adams con- fession gone into between the four of us?"
 'Yes. sir; Adams and myself talked with you and Senator Borah about the confession"
 The defense continued to fight hard of this line of testimony. The court was inclined to give much latitude to the examination, but finally sustained an objection to the introduction of chard. Hawley and Senator Borah.
 Orchard was turned over for re-di- rect cross-examination by Richardson.
 The Hercules Mine.
 Orchards sale of his share in the Hercules Mine was gone into at length in an effort to show that the property was not sold in 1897. but was simply mortEaged to Cordon1a-
 Orchard insisted that he had sold the mine out in 1897. Didn't you tell Dave Coaaes that you had an interest in the mine when you were driven out of the Couer d'Alene" asked Richardson. s-
 No, sir; I did not"
 Orchard also denied that he had made the same statement to a stage driver.
 When I was in Wallace in I905," he said. q met Cordonia, and, in joking way, I said he might give me s4.Ooo or s5.oOO as he had done so well in the mine"
 Orchard was questioned closely as to his conversation with Haywood in making the arrangement about the letters to his wife.
 ''T met Haywood in Pettibone's house or store in July or August of 19o5." said Orchard. "He said my wife had write to her and tel her had to go to Alaska" This was prior to August 30.
 Have you seen Haywood since that timer" asked Richardson.
 ''No, sir.'
 You directed your wife to deliver these letters to the Pinkerton's more than a years ago"
 "No, sir, I did not"
 Richardson went closely into the conference between Orchard, Hawley, Mcfarland and Borah within the last few days.
 Orchard said the letters were not shown to him or discussed.
 Why did you tell Haygood, Mover and Pettibone that you had given the letter to your wife, to Paddy Mullaney and had dated the letter from San Fraucisco?"
 "The reason is," said Orchard very deliberately, that my wife had told parties that if she knew where was she would sooner see me in jail than not know where I was"
 There was a pause ana Richardson suddenly said:
 What is the name of your daughter living in Canada?'
 Orchards face fell and his voice low cred
 That's all. said Richardson, and the witness was remanded to the peni- tentiary. !.
 Edward Royce, for many years pres ident of the Western Federation of Miners, testified as to the manner of organization. He told how the officers were elected; how the secretary ct first was not a member of the exec. utive board. but when Haygood be- came secretary and treasurer under Royce as president. Royce became a member of the board.
 Senator Borah examined Boyce and laid the foundation for the introduc- tion of articels in the Miners Maga- zine. Boyce said the magazine was the official organ of the Western Feder- ation of Miners.
 Court adjourned until tomorrow. .