The Ordway new era., 1907-06-14
PLANS DEFENSE
EFFORT WILL De MADE TO
PROVE HARRY ORCHARD
WAS HIRED ~ MINE
OWNERS.
NO MERCY WILL Be SHOWN
Believe They Can Prove Utter Faisity
Of Orchards Story So Far as Con-
Germs Haywood Moyer
and Pettibone.


defense in the Haywood murder case
expect to prove:
Defense lays foundation Of attempt
to prove that Orchard was hired by
the mine owners to plan train wrecks
and mine explosions which could be
laid at the doors OF the federation.
thus injuring the Miners union.
Orchard testifies that he received
money for some of his things from the
warden OF the Idaho Penitentiary. who
told him that a part OF this money
came from Governor Gooding OF Idaho.
Orchard must lay bare to the min
'utest detail his life while he was com.
mitting the crimes to which he has
confessed, that every detail may reach
the Jury.
Even his petty crimes-theft. big.
amy, arson and lying-will thoroughly
be gone into.
Defense will try to prove the utter
falsity OF his story in so far as 1t re-
lates to Haywood. Meyer or Pettibone.
Feeling between the attorneys on
both sides Is increasing. and every ses-
sion brings a clash.
Orchard many times makes correc.
tions OF counsels statement of the tes-
timony he has given. His coolness on
| the stand Is the wonder of the specta.
| tors.
Orchard. since his confinement In
| the penitent.ary. has received letters
| from his wife he deserted in Canade
in 1895, and he has sent her $1l5.
Boise, Idaho.-The defense in the
trial OF w. d. Haywood succeeded In
| establishing reason for Harry Or
| chard's departure from the Cripple
Creek district at the time of the 1nde-
| pendence station explosion. Orchard
| admitted he had set fire TO the build.
| Ing occupied as a saloon by Johnny
| Neville and that Neville had collected
the insurance money and given him
| 800 for doing the job. This act was
| the first use to which "Pettibone dope"
was put, Orchard testifying that he
had poured some oil in an upper room
of the building. left the house, and
that the liquid did the rest.
Haywoods defenders say Orchard
will be connected with the enemies oi
the federation. will be shown to have
been in the employe OF the mine own.
ers as private detective. evidence
will be offered to prove that he had
| very light relationship with the OIL.
cials of the federation. and the all
round bad character OF the man will
be established. The defense points out
that already out OF his own mouth Or
cl.ard has proved himself a bigamist.
murderer. an ore thief, and to be guilty
| OF arson. Witnesses are at hand. the
defense maintains. who will swear
that he has many other crimes charged
| to his account.
On that point n representative of the
defense said:
"In regard to the Independence ex-
plosion | learn that the defense viii
attempt to prove that the act was
committed at the instigation OF the
Mine Owners association or their
agents.
"It will be remembered that on
June 6. 1904, things had settled to
state OF peace in the Cripple Creeb
district. The miners peace commit.
tee had just finished its mission to the
district. and after a conference with
some of the mine owners they had won
the statement from Clarence c. Ham,
lin, If you fellows had come up here
| year ago there would have been no
strike
There was general public demand
that Peabody recall the militia and
proclaim civil law once more.
"The defense will attempt to prove
that in order to justify the retention
of the troops, plot was framed up to
blow up the Independence station.
| without injury to life, but serving the
troops to remain. Evidence will be in.
troduced to show that in the execution
| of this design several mine managers
were told by telephone to hold their
| workmeu on the night shift some time
| after the usual hour of quitting work.
1.-The telephone to one mine was out
| of order and the instructions, which,
it will be contended, would have saved
fourteen lives, were never delivered.
THAT this is the intention Of the de-
tense is borne out by the method OF
Richardson's cross-examination OF Or.
chard. Haywood's attorney has al.
ready laid the foundation for this the
ory. He has put number Of questions
to Orchard touching on the peaceful
conditions in the district Immediately
| prior to June G. 1904, and has brought
out the fact that the federation had
everything to lose by this commission
| Of acts of violence at that particular
| time"
Witnesses for the defense are flock
! ing into Boise from every part OF the
West. Scores Of union men are here
from Colorado, Nevada, the Occur
d'Alenes and some from British Colum-
bia. From the Coeur d'Alenes came
Dave Coates, with a number Of miners
who knew Orchard during the troubles
in that district in 1899.
These witnesses will be used to Inn
peach Orchards testimony as to his
statements Of acts of violence commit
ted there.
The cross.examinatlon was still con-
fined to Orchards movements In Dem
yer and Colorado the witness again
demonstrating his remarkable faculty
- - - A.