The Birmingham age-herald., 1907-06-12

the proposed assassination of Frank Hearn, of the Colorado Fuel and Iron company. Attorney Richardson asked Orchard if he had not heard of debate between Haywood and Hearn before d state senate committee.
 The attorney in response to an objec- tion by the prosecution, said the ques- tion was intended to show that it was entirely possible for Orchard to have learned what Haywood had said of Hearn to the latter's face, rather than to have heard 1t from Haywod himself The question was allowed and Orchard said he knew Haywood was at the capi- tai frequently, but he did not know what he was doing there.
 Then Richardson took another tack
 Where did you get your fresh meat while you and Steve Adams lived at Globeville ?''
 Some times al Max Malich's'
 As a matter of fact you were so hard up you stole meat from the stock yards ?"
 We did go over and get sheep some times at night" replied Orchard amid laughter.
 And you did not have any money?a
 "Yes we did.
 Sells Supplies.
 Then you found it easier to go over and steel sheep than to go down and make Haywod cough up?
 Tt wasn't very hard to do either.'
 Orchard said he was drawing supplies from the miners strike relief fund at the time he was being paid for crime.
 Now will you tell the Jury why you did this?'
 'Yes sir, l will" replied the witness. Mover, Haywood, Parker and Davis told me 10 take the supplies, as other wise people would want to know where l got the money to live on.'
 Orchard said the Babbert and Hearn plots gave way for lack of opportunity to score against Gabbert. Asked why he wanted to kill Gabbert, Orchard said it was because Haywood told him to. Hay wood said Gabbert was against the s- hour law and helped to upset it.
 Richardson wanted to know if 1t was not a fact that Judge Goddard had not taken his seat on the supreme court bench at the time of the plot
 "All l know is that the had been ap- pointed some time before by Governor Peabody" it witness replied
 Orchard said that Mrs. Steve Adams ac- companled him and her husband when they staiked Goddard at his home
 How was she armed?" he was asked.
 She was not armed; she went along as a blind"
 Once more the line of questioning led back to Globeyille Orchard said he and Joe Malich had stolen some powder to blow the hotel or boarding house as sug gested by Max Malich. The powder was not used. Malich and Orchard had helped steal sheep and was asked to take part in the Goddard affair.
 Quarrels With Adams.
 Richardson wanted to know If Steve Adams had not threatened to put Orchard out because he could not pay his board bill.
 No, sir, we quarreled.'
 Yes, and 1t was about your board bill, too. sneeped Richardson.
 Tt was nothing of the sort" retorted Orchard with a flash of anger Tt was because Adams had gone down town got drunk and was put in jail for a week. We could not find him anywhere.
 Adams had been found drunk near a lamp post where a bicycle was standing On this circumstanctial evidence he was accused of the theft of the wheel, but the charge was removed. Orchard said he gameAdams S20 to get him out of town. This was because Haywood would not give Adams any more money to get drunk on."
 Adams and Orchard parted company for awhile after this The latter continued to seek an opportunity to destroy Judge Goddard.
 Richardson brought new feature to the case by asking Orchard in regard to his acauintance with Lottie Day. The witness said he met the woman after going to live at the Hotel Belmont fol- lowing his break with Adams.
 Before he could get Orchard. Orchard said that Mover Haywood and Pettibone. all three. told him to go down to Cannon City to continue his attempts on Peabody. The arrangements were made at Movers home in the Aberdeen flats. This was the first time Orchard had brought Mover into the case for a long while