The Montgomery advertiser., 1907-06-19

Haywood. Nichols said he had receiv- ed a telegram signed M"
 A copy of the telegram was pro- duced and identified by the witness. Nichols was proceeding to tell of a conversation with Miller when the de- fendant raised objection after objec- tion, and after argument the testimony was admitted Nichols said that Mill CT had told him that money sent to Orchard should be turned over to Miller as his attorney.
 Nicholas was allowed to go without any cross examination and Harry Or chard was called.
 Orchard Cross Examined.
 The notorious prisoner entered the court room through the door lead ing to the judges room. His appearance called forth none of the interest that marked his first entry into court. He came in with his customary brisk step preceded and followed by deputies and gun men,"
 MT. Richardson at once commenced the cross examination. It became evil dent that the defense proposed to bring a number of witnesses to prove that Orchard had for years nursed a venge- full spite against Steunenberg and had repeatedly made threats against him.
 "Do you know Max Malich of Dem Ver? asked hlcnaroson.
 "Yes sir"
 Did you in June or July of 1905 say to Max Malich, you and he being alone. that you were going to kill Steunen- berg even if you had to swing for it?'
 NO sir"
 Did you say that steunenberg was mean, and that had it not been for steunenberg you would have been a millionaire, because you had owned a sixteenth share of the Hercules mine and that Steunenberg had driven you out of the miner"
 NO sir, never said any such thing"
 Mfr Richardson asked nim if he knew Lottie Day. of Denver, and meeting her in a room at the Belmont HoteI told her that he intended to kill Steun- enberg. This also Orchard denied Orchard was asked If he had not made similar threats in the hearing and presence of Kid" Waters, of Grip pie Creek. and others. He was asked if he had not told Dr. J. s. McGee. formerly of Wallace. that he was a spy and that he was going to get even" with steunenberg. He posi- lively denied that he had. A conver- sation with D. c. Coates, former Lieu tenant Governor of Colorado was re- peated by Richardson
 In this Orchard is alleged to have said:
 .srhe more I see of my old partners in the Hercules the more bitter feel. They are all rich and I am wander ing pauper. I'll get even with Steunen- berg yet" Orchard said quietly:
 T never made any such statement either then or elsewhere"
 At this point the state took Orchard over for the redirect examination.
 Interest fin a Mine.
 J. H. Hawley asked as to his in- terests In the Hercules mine which he said he sold In March, 1897. A copy of the letter identified earlier in the morning by Deputy Sheriff Nichols was handed to Orchard and the con- tents identified by him.
 The letter read, in effect:
 'T have received yours and have sent that to Jack. hope to hear from you as to your movements and that you will be successful.s There was no signature.
 Orchard said in his direct examina- ton that the letter came from Petit bone. A copy of a telegram from Spo-' kane was identified by Orchard. It read:
 Attorney Fred Miller--wilI start for Caldwell in the morning-M"
 Orchard said he had not made any arrangement with Miller, but that in October 1905; Simpson had told him If he never got into any trouble, the firm in Spokane of which Miller was a mem Der would be a good one.
 What did he mean by you getting into any trouble?' asked Mir. Hawley.
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