The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-06-18

| a spy ana that ne was going to get
even with Steunenberg. He positive
ly denied that he had A conversation
with ID. c. Coates, formerly lieutenant
governor of Colorado, was repeated by
| Richardson.
In this Orchard is alleged to have
said:
"The more see of my old partners
| in the Hercules the more bitter l feel
They all are rich and I am a wander
ing pauper. I'll get even with Steun-
enberg YETI
Orchard said quietly: "I never made
any such statement either then or
At this point the state took Or
chard over for redirect examination.
Mr.. Hawley asked as to his interest
IN the Hercules. which he sold in
March, 1897. This was some time
prior to the troubles in the Coeur
D'Alenes when in 1899 Orchard was
I there and left the state after blowing
up of the concentrator at Wardner.
morning by Deputy Sheriff Nichols
was handed to Orchard and the con-
tents were identified by him. The let
ter read in effect:
Dear Tom: Rave received yours and
have sent that to Jack. I hope to hear
| from you as to your movements and
that you will be successful There was
no signature
tion that the letter came from Pettibone
A copy of a telegram from Spokane
was identified by Orchard. The tele-
gram read:
Attorney Fred Miller will start for
Caldwell in the morning.-M.'
No Arrangement With Miller
Orchard said he hadn't made any ar
rangement with Miller, but that in Oc-
tober, 1905, Simpkins had told him that
II he ever got into any trouble the firm
in Spokane of which Miller was mem
Der. would be a good one
What did he mean by your getting
INV L. Il
Il suppose he meant trouble over the
killing Of Steunenberg"
You did not speak to Fred Miller
about trouble of this kind when in
Spokane?"
mo. sir. 1 only talked to him about
my suing the railway for the loss of my
trunk"
From this the state jumped to April.
1905, and asked what Haywood had
said to him about writing to his wife.
Orchard was proceeding to tell of a let
ter Haywood wrote to Mrs. Orchard.
when the defense objected hotly on the
ground that it was new evidence. Sena-
tor Borah argued that the defense had
brought out in tn cross ton
that Haywood had spoken of cores
pondence with Mrs. Orchard.
IF there is any question of this being
proper redirect the court will permit the
state to reopen" said Judge Wood very
positively. Notwithstanding the attempt !
on the part of Clarence Darrow to con- |
tinue the al gument.
Orchard said that an arrangement |
was made through Pettibone with |
Haywood that Mrs. Orchard should be |
told that Orchard had gone to Alaska. |
1t was also agreed that letters should |
be written by Orchard dated from
Alaska before he went to San Fran
cisco. Orchard said one letter was
written in Denver and handed to
Paddy Mulleny who was organizer for
the Western Federation of Miners at
Cripple Creek. Another letter was
I
Moore. who took it to Nome, Alaska.
and mailed it from there. Marion
Moore was the agent of the Western
Federation of Miners who went to
Alaska to organize the miners. At
this point three letters were marked
for Identification under a running fire
of protest from the defense. Judge
Wood. however, overruled all the OBJ
jections.
SquabbIe Over Letters.
Two letters identified by Orchard as
sent to Mrs. Orchard through Paddy
Mulleny to Cripple Creek, were Of
fered in evidence. Counsel for the
defense and Haywood were in con-
over the letters for 10 min
utes. Objection was made to both
letters because they were private cor
between Orchard and his
wife and had no bearing on the case
against Haywood.
Judge Wood, during the pause, said
that he would allow the photograph
ers a last opportunity 70 disturb the
proceedings and a situation that was
becoming somewhat tense owing to
the very apparent earnestness of both
sides over the documentary evidence
the state was desirous to get in and
the defense to keep it out was re-
lieved, Mr.. Hawley complaining that
the photograp pliers thus far had
shown only the back of his head.
Judge Wood carefully read the let
ters offered in evidence and after some
minutes consideration he admitted
them.
Another letter was then introduced.
1t was a letter from Orchard to his
wife mailed in Nome. Orchard said
he wrote the letter in Pettibone's store
in Denver, leaving the date blank and
gave it to Marion Moore member
Of the executive board of the Western {
Federation of Miners. who was going
to Nome. 1t was agreed that the date
should be filed in when Moore got to
Nome Orchard he was never in {
Alaska or Nome. When the prosecu- t
ion offered the next document a de-
,ided stir showed that the interest of I
he court room was aroused The let 6
-ers were handed to counsel for the
defense. These were from Haywood
10 Mrs. Orchard in Cripple Creek and
n one of them Haywood. addressing
Mrs. Orchard as Dear Madam and
Sister," tells her that Orchard has ,
gone to Alaska.
Orchard said he had received a letter
rom his wife while he was in Denver.
i was handed to him, he said by Hay
wood. ,
Senate Borah read one of thse let :
ers from Orchard to Mrs. Orchard )
md purporting to come from San Fran :
.isco In the letter Orchard told her in
eplying to hand the letter to Paddy
dulleny who would take 1t to head
Iuarters'' and it would be forwarded.
The letters were read to the jury.
The last was the Haywood letter, writ
en- on a letter head of the Western Fed
ration of Miners. =
Senator Borah read the entire heading !
nd the letter. Haywood's letter to .