The Montgomery advertiser., 1907-06-19
GO
 BEFORE JURY Important Evidence in Haywood Case. DEFENSE FIRMLY PROTESTS Arrangement With Haywood for Deception of Mrs. Orchard. Missive Written by Haywood to Or- chards Second Wife Is Produced,
 Also q Letter Supposedly
 From Pettibone.
DEFENSE FIRMLY PROTESTS

| From PettibOne.
 Boise, Idaho, June 1S.-The prosecu- | ton in the Steunenberg murder triai
 offered one of its more important
 pieces of evidence against William D. l haywood today when, recalling Harry | orchard for redirect examination, il l introduced and secured the admission
 of four letters. tending 10 snow that | haywood, during the ralI Of 1905. when | Orcnard swears he was engaged on | various crimes TOT the Federation lead | CTS, had participated in plan to de-
 ceive Mrs Orchard the second, of Grip | ple Creek, as to the whereabouts of her I husband.
 Over 6 variety of protests from the
 defense. Orchard was allowed to tes-
 lity that early in the summer of 1905, | haywood told him that Mrs. Orcnara | was writing him for information as to l Orchards whereabouts. Orchard swore l that ne proposed that he snould write | his wife a series of letters that were | to be falseiy dated and delivered to | Mrs. Orchard py agents of the feder- | ation.
 lie said that he first wrote two | letters which ne dated San Francisco
 and had them delivered throug.- Paddy
 Munaney, who represented the feder- l ation at Cripple creek. Orchard iden- tined the two letters and, everything all opJections of the defense, Judge Wood admitted them.
 | Next, orchard swore that he wrote a l third letter purporting to come from I Nome, Alaska, and that under the gen. l eral arrangement he had made with | the feoerauoii. Marian moore carried | the letter to Nome, where he went as l organizer of the federation and posted l It. This letter, bearing the date or | Nome, August f. 1904, was produced, l identified ana admitted as evidence, or-
 chard then identlIied a letter which | haywood wrote to Mrs. Orchard ana | that, too, was admitted in eviaence and | handed to the jury. It was as follows: Denver, Colo, 4Sev. IS, 19OO. | Mrs. H. Orchard.
 1 .,Dear Madam and Sister:-I have not | heard a word since I saw you The | iast information l got was rom Alas | ka. I think FairneId was the name ot ] the place. see that awrui conditions prevail among the law and order ele' | ment.
 yours very truly. "Wnnam D. Haywood" Other Missives COmmonp.ace. The three letters written by Orcnaro were commonplace and contained prac- | tically nothing bearing on the case or Orchards tes..mony except references | to the arrangement which, Orcnaro says, he made with ne feoeratIon or
 ficials for the care of his wire while he was absent.
 The defense attacked the letters ana orchard story about them when it got
 A chance to cross examine the witness hut Orchard held to the story he told ahout them. The witness successlVely
 denied that he had made an arrange
 ment for the delivery of the letters to Pinkerton agents; that the letters had only made their appearance since he left the stand last week or that ne had invented the story because ms
 wife had Haywood's letter In her pos session. He swore positively that Havwood had agreed to write the Alas Ia letter and that Pettibone and Mover
 knew of the arrangement It was a day of correspondence ana documentary evidence. Beside the four San Francisco Alaskan letters' the State secured the admission or certified copy of an unsigned letter
 which Orchard got at Caldwell, ana
 which Orchard swears was Tn the nanu- writing of Pettibone. The letter was
 as follows: .-
 "Friend Tom-Your letter received. That was sent to Jack, December Zl,
 for you. He should send 1t so that you
 ought to have it by this time. Will not
 write any more this time. Write me as soon as you get to your new neld. The letter was postmarked at Dem
 yer. on December 30, the day that Steunenberg was killed. and It IS claimed by the State that the Jack mentioned was Simpkins. and that the that" referred to was $100 which Or chard swore he asked Simpkins to se- cure for him when he was leaving Cald- well.
 The State developed its contention that as tending to show a conspiracy and knowledge of the Steunenberg crime, Orchard was, without any re- quest from him, furnished with coun- seI a few days after his arrest. The | defense examined Orchard on this ques- ton and largel3 devoted itself to show ing that the Western Federation of | Miners always provided counsel for It's members whenever they got into trou- ble.
 To combat the theory that Orchard killed Steunenberg in revenge Tor ms loss of a valuable interest in the Her
 cules Mine, the State, on redirect ex- animation obtained from Orchard
 declaration that he sold his interest in the Hercules in 1897, two years before the strike and troops came.
 All the members Of the Haywood family were in the seats near the prisoner when the case against Hay
 wood was resumed today. During the intermission since the adjournment on Saturday, large number of witnesses
 have arrived In Boise. The court room
 was only about half filled, however at the time court opened
 T. Nichols, who was deputy sher- | if of Canyon county and in charge oL the court at Caldwell at the time or | Orchards arrest. after the murder or former Governor Steunenberg, was the | first witness. Orchard in his statement, said while
 In iail at Caldwell he received let | ter from Pettibone. The original or | the letter was destroyed by Orchard | but Nichols made copy of 1t before
 giving 1t to Orchard.
 The copy of the letter was pro
 duced and Identified by Nicholas. section of the original envelope was also produced and identified. The let | ter was not read.
 Nichols testified that Fred Miller,
 lawyer of Spokane, had called upon
 Orchard shortly after he was placed in the Caldwell jail. Miller is now one
 of the attorneys for the defense of