The San Francisco call., 1907-06-12

munity or pardon or Communication OF
sentence, after he is convicted, or for
any such reason. He is not after any
consideration from the state for his
in another court entirely that he is
telling the story, and it is his story
that he is telling, not that OF anybody
else on earth.
He does not care a rap whether it is
contradicted by every member OF the
western federation of miners or nor,
or who swears that it is not true. That
is nothing TO him. He is convinced
that his chance is in doing what he
the most he can do is TO tell about
them So he tells, and no influence
will make him deviate a. particle from
that which he regards as the literal
and exact truth.
BLOWING UP OF BRADLEY
For instance, this morning Richard
son was on the subject of the Bradley
explosion and took UP Orchards state
ment on direct examination when he
said that Bradley had been blown out
into the street
You said he had been blown into
the middle OF the streetT said the
lawyer.
No. sir, I did not" replied Orchard.
Well nearly into the middle Of the
street?"
mo, didn't say that"
Well, what did you say?"
i said he was blown into the street"
''Oh. very WELL" said Richardson
wearily. '1et 1t go at that"
Richardson went over, through and
around this explosion with a drag,
working hard to get out something of
assistance in controverting the Orchard
story and supporting the contention
that 1t was caused by q gas leak He
wanted to know how it could happen
that with the bomb placed where it was
Bradley could have been blown into the
street.
VIII you explain that to the jury?"
he asked Orchard.
IT can't explain it," said the witness
He thought ii over for a moment,
however. and then said that it prob
ably came from the fact that when the
bomb went of Bradley was standing
partly at the side OF it.
That brought on a aediscussion and
Orchard left the witness chair and with
a diagram that he had drawn on a sheet
of paper he explained his theory to the
jurors. They craned their necks and
sat forward on the edges of their chairs
to get a glimpse of the diagram and
TO hear what he was saying.
NOT COACHED BY DETECTIVE Z
Orchard was as interested as sci
enlist lecturing a class on his favorite
hobby. When he had finished he turned
and asked the judge IL he should mark
OF the diagram for submission to the
jury, and volunteered to make a better
one during the noon recess.
When he resumed the stand Richard
son Immediately asked if the theory
suggested to him by Mcfarland
No, didn't get any theory from Nc
Parland," replied Orchard. simply. 1T
is my own theory.
There is no telling from Richardson's
questions as yet just how the defense is
planning to meet Orchards story other
than by the denials of q cloud of wit
nesses- The attorney has endeavored at
times to show that Orchard was an ex-
pert gambler and generally won so that
he supported himself by that method
Two or three times Richardson went at
that today and pursued it to the point
of hat-footed denial Then he turned
around squarely and tried to show that
Orchard was so poor in Denver in lne
early part of 1905 that he could not pay
his board at Steve Adams home and
that was why they quarreled, Steve
chucking him out for nonpayment.
It was while making this effort to
show Orchards poverty at that time
that Richardson brought out the sheep
stealing, and argued from that that
Orchard was so hard up for something
to eat that he committed the theft.
Orchard nearly laughed at the sug-
gestion, and declared that he and one
or two other men stole the sheep just
because they could.
SHEEP STEALING EASY
1T was easier to steal a sheep than
it was TO step down town and tell
Pettibone to cough up again, was it?"
asked Richardson
1T wasn't hard to do either?" replied
Orchard
There was a good illustration of the
way Orchard draws the line between
crimes that he committed and those he
denies. He confessed the desertion of
his first wife without a ouiver, but
when Richardson accused him of quit
ting the Cripple Creek wife, he denied
1t vigorously and declared that he had
made an arrangement with Haywood
and Pettibone to look out for her while
he was in California on the Bradley
business, and that from what Pettibone
had written him he expected to find
her in Denver on his return there.
So he had admitted taking all the
money that he could rake up when he
skipped out from his Canadian home.
but he declared false the assertion that
he took money from the Cripple Creek
wife. In both cases it was the same
sort of poltroonery that was alleged
against him, but one charge he ad-
mitted without hesitation and the
other he denied emphatically. One is
part Of his story and the other is not,
that is all.
Orchards literalness came out again
in a discussion of gambling.
You dealt black jack. didn't you?"
asked Richardson
Yes" said Orchard, when it was
my turn to deal. but not as regular
thing"
said that no new light had been
thrown on his character. but there was
one incident today which revealed him
in a little different way from what
has been shown before. 1t emphasized
the change in him since his prison life
began Richardson was questioning him
about the attempt to kill Judge Cab
bert and asked:
sWB WERE TOO COwARDLYn
There wasn't . thing On earth to