Los Angeles herald., 1907-06-12
.ORCHARD'S TALE
SUBJECTED TO
FIERCE ATTACK
Defense Seeking to
Discredit Him
Element # Humor Enters When Wit
ness Admits Theft of Sheep In
CoIorado-Says He Had
Plenty of Money
BY Associated Pres :.

By Associated Pres.
BOISE, Ida., June 1.-THE attack of
the Haywood defense on the testimony
Of Harry Orchard goes on unremit-
tingly and the witness will probably
be continued on the stand for two full
days. Orchard withstands the strain
with remarkable fortitude, and at the
end Of six days shows no indication of
mental or physical tagging. This day
was begun with the story of the dyna-
hitting Of Fred Bradley in San Fran
cisco, and the defense made long and
determined effort to expose several
features of 1t TO doubt. and to vitiate
it all by revealing the hand of the
Pinkertons.
Then the play went back to Denver
for the winter of 19O4-5 and the spring
that followed, and there was an ex-
| tended effort to show that Orchard had
| practically no communication with the
leaders Of the federation, that he re-
ceived no pay for the Bradley crime or
anything else, and that with Steve
Adams, in period of extreme poverty
extending over several months, was re-
duced to the necessity of stealing
sheep from the Globeville stock yards
that he might have food.
Admits He Stole Sheep
| Orchard, to a laughing court room,
seriously confessed that he stole the
sheep but stoutly denied that 1t was
| because of want. He insisted that all
through that supposedly hard winter
and spring he continued to draw money
| from Pettibone through Adams, and
explained that If he did not see the
federation leaders often it was because
he was lying low to avoid capture for
previous crimes. This Globeville in
quiry developed more shocking crimes
At this Denver suburb there was dia-
bolical plot-Orchard swore it was in
spired by Max Malich, while the de-
fense claimed that Orchard was it's
authorize dynamite boarding house
where 150 nonunion men lived, and in
I preparation for the murder Orchard,
| Adams and a man named Joe Mahal1ch
broke into two magazines and stole 60O
pounds of dynamite, which they lugged
home at night and buried in their cell
lar. The crime was abandoned, Orchard
said, in one of those flashes that make
| his testimony remarkable, because
Haywood intervened and forbade him
to have anything to do with it.
Carrying out the lines of testimony
tending to show that Orchard, regard
less of the great hold which it is pre-
sumed he had on the federation lead
| ers, was frequently without funds, the
defense showed that from late in 1908
until middle 1904 Orchard continually
drew strike relief at Cripple Creek, and
then dramatically invited Orchard to
explain the Inconsistency to the jury.
Orchard replied that Haywood, Meyer,
Parker and Davis all advised him to
continue drawing relief, because If he
displayed money he would excite sus-
picion.
Peabody Plot Related
| The examination next covered an
early attempt on the life of Governor
Peabody and the manufacture of the
bombs to kill him, and the plots
against Judges Gabbert and Goddard.
with an effort everywhere to tighten
and cast doubt upon the testimony OF
the witness. Orchard told dramatic
story of the first attempt to assassin
ate Peabody-an early morning drive
through the snow to place the bomb
and an expected wait for the victim,
who was spared by the unexpected ap-
pearance of two coal wagons that were
| coming from an alleyway and driven
across the trigger string at the mo-
ment that Peabody was crossing the
mine field.
Orchard brought Mrs. Steve Adams
| into the play today. He said that wh1le
he and Adams were watching Judge
Goddards house Mrs. Adams went with
them a couple of times as blind to
divert suspicion from them. Mrs.
| Adams, who had seat among the wit
nesses. laughed when Orchard told the
| incident.
Orchard. who confesses that he hes
itated at no great crime and TOOK a
hundred desperate chances in those
committed, made an interesting con-
tribution to psychological study Wnen
he called himself coward. He SAID
he was too cowardly to kill Judge Cab
bert openly and he regarded all his acts
as cowardly.
In five minutes today Orchard showed
more emotion than at any time since
he began his testimony. 1t was Wnen
| the defense in a rough-shod aggression
asked him If he had not deserted his
Cripple Creek wife, stripping her OF
every nickel she had and leaving her
in poverty that compelled the sale or
her washtubs to buy bread. Orchards S
Inns ouivered and with tears near ne
falteringly denied that he had done So
and said that the federation leaders
had promised to care for her in his
absence.
Tells of Murder Plot
Regarding the Peabody affair. Or
chard denied that he was in plot 10
trap Max Malichs into committing the
murder. Orchard also denied that he
offered for $10O to murder business
rival of Malich named Mcdonald. The
first bomb was placed at about o'clock
in the morning by Steve Adams and
Orchard. They drove up in livery rig
to the corner and Orchard planted the
bomb. There were twenty-five or thirty
pounds of powder in the bomb. They
did not plant at night
Adams and Orchard were to pull the
wire as Governor Peabody passed the
place where the internal machine was
buried. This wire was strung to point
a block away and had to pass in front
of an alley