The Washington times., 1907-06-23
cease of differences"

THE state has not presented a strong
| prima facie case. This is an unusual
trial. and allowances must. Of course.
be granted. The State has charged a
wide conspiracy, and one that Is most
difficult of proof. In fact, the proof OF
| conspiracy is never wholly satisfactory.
| In this case at the bar the State has
| not shown. where, when and by whom
/ the conspiracy was born; nor have its
objects and methods been proved All
that has been done is to set the con-
| fession of an accomplish before the jury.
and he was permitted 10 testify to hear
say and his presumptions and suppose
tions. The State has shown that GER
| tain crimes were committed. which Or
chard claims as his own. and this pre-
vents the defense from proving that he
did not commit them. 1t has not been
shown. but has Ieft entirely to inference,
that Haywood had any part in these
crimes
Senator Borah's arguments and Hdw-
Iey's theories do not connect Haywood
directly with the murder Of Steunen-
berg. The connection between the de-
PENDANT and the crime for which he is
on trial is extremely remote and con-
ieCtural-and rests entirely upon the
testimony Of the self-admitted assassin.
Il is a case of differences.
Course of Defense.
The probable course Of the defense is
outlined as follows:
The State proved by Orchard alone
that an explosion wrecked the Bunker
Hill and Sullivan mine in 1893 and two
, men were killed. Haywood. Meyer. and
l Pettibone were not officials Of the union
/ at that time, and none were in the Occur
' d'Alene.
The state proved that the Vindicstor
1 mine was blown up in 1905 by device
{ similar to that described by Orchard,
who says he did the job. Orchard also
/ saws that he did not know Haywood.
/ Meyer. or Pettibone then, and that the
Z idea Of wrecking the mine originated
5 with himself
The state proved by Orchards sole
testimony that the Independence depot
was blown up and fourteen non-union
men killed. But Orchard says that the
three chiefs of the ". F. NJ. were not
consulted about this crime and did. not
direct It specifically.
The State proved that Orchard and
Jack Simpkins. the Idaho member of
the executive board Of the X. F NJ.
were in Caldwell together and both un-
der assumed names. The connection
sought 10 be conveyed is that Simpkins
ard Haywood were members Of the
; ruling group in the Federation and
the act of one is binding on all.
r Dangerous to Haywood.
There is just one piece Of evidence in
n this case that is dangerous TO the de-
e Tense, and that is the letter that Orch
+ ard received at the Caldwell Jail after
70 he was arrested. Orchard says that
u letter came from Pettbone. but he de-
stroyed II and the only record of it Is
a copy made by Sheriff Nicols. That
d, letter refers TO something which was
sent TO Jack on December Z.
Now it happens that on December 2
= Haywood sent a draft for 500 to Jacl
. Simpkins. and that draft was not casheC
6 until January Alive days after Steun
n enberg was killed. The defense will
o strive to remove any sinister inferenc,
d / concerning this draft and unsigned lettel
s by showing that Simpkins was the or
r. ganizer for the Western Federation ant
r that money was sent to him. as we'll a.
T. to other organizers. at frequent intervals
It The State will. when the case Il
y argued. give much force and effect e
e the letter which Haywood wrote Z
e Harry Orchards wife telling her tina
n the last he heard of her husband wa
e IN Alaska. on the day this letter wa
/, written Orchard and Simpkins were il
; Caldwell on the trail OF Steunenberg.
Judge Wood has placed no limit or re
striction on the State in its search o
Orchards memory for incidents. words
and presumption, nor were any restric
. tons placed on other witnesses.