New-York tribune., 1907-06-23
THE TRIAL AT BOISE.
WITNESSES. OF DEFENCE.
HayzCoods attorneys VIII Fight to
Discredit Orchard.


Boise, Idaho. June 22-Thc closing OF the case OF
the state leaves the battle against and for the lire
of William d. Haywood IN nlidheld. and from no"
forward the sides change-ths defence assumes lHe
aggressive and the prosecution is on the defensive
The VIII carry its case through an aggressive
cross-exauinatton and then present testimony IN
rebutta, but its main proposition and showing are
already before the jury. As TO the SteuhthoeIs
crime, which is the specifically charged against
HAYWOOD tie state has made the following snow
ing:
Jack snpkins. member OF the executive board
Of the Western Federation of Miners, went to Cald-
well three months before Steunenberg was muir
dered He travelled under the assumed name or
Simmons" and lived with Orchard He left Cald-
well the end OF weeks stay, ana later re-
turned for a brief visit OF less than day. HIS
presence and movements shown by independent
witnesses and registers of hotels where he stayed.
Haywood sent 500 to Simpkns December 2
1866 nine days before the murder Of Steunenberg
and an unsigned letter, sent from Denver on De-
cembcr 50. 1905, and showing by It's address TO
Thomas Hogan" that the writer knew the aias
OF Harry Orchard, contained the statement that
that had been sent TO Jack on December Il
1905 Orchard testified that Pettibone, one OF hay
woods co-defendants, wrote the letter. Without
making any request, legal aid was extended to
Orchard within two days after his arrest through
Fred Miller attorney of Spokane
Four letters were sent 10 Mrs. Orchard. the sec
ond at Cripple Creek three by Orchard and one by
Haywood various times in 1905, and Ii is said
that they not only showed evidence of a plan 10
conceal Orchards whereabouts from his wife, but
part of plan TO make an aliDi Tor him.
Orchard swore that Haywood was party 10 the
plan and that carry il out Paddy Muiany, a
member Of the federation at Cripple Creek, under
took TO deliver the two letters he wrote at Denver
and dated San Francisco, and that Marion
Moore. a member Of the federation board carried
the third letter Nome. Alaska, and there post
ed II.
The letter, which produced. with its en-
velope bore the postmark of Nome. Haywood's
letter 10 Mrs. Orchard bore the date OF November
1905, at which time Orchard and Smpkins were at
Caldwell and made the statement that the last
the writer had heard of Orchard he was in Alaska.
Aside from the word OF Orchard Haywoods letter
stands alone, ara there is nothing TO show that he
not himself deceived or that he was only
helping Orchard in the less harmful act OF oe-
ceiving Mrs. Orchard. Through Orchards letter
the suggestion that the federation officials are
keeping Mrs. Orchard supplied with funds but
this too, rests Orchards word.
ORCHARD LIVED WITH PETTBONE
Haywood, Pettibone and Orchard placed to-
gether on two three occasions in Denver. be
tween the spring and the fall of 1865, and Orchard
lived with Pettibone at his house as guest IN
August 1905
Articles from The Miners Magazine and some
testimony as TO the Cueur d'AIene strike Of 1889
show animus toward Steunenberg on the part of
Haywood and other leaders OF the federation. On
the general conspiracy set up in the allegation by
the state Orchard has been traced through all OF
the more important movements connected with the
alleged attempt on the life Of Fred Bradley at
San Francisco by independent witnesses, and his
story Of the poisoned milk has been carried down
10 the chemist who analysed il. It has been inde-
pendently shown that while Orchard at San
Francisco PettIbone. using false names telegraphed
money him twice through the Postal Telegraph
Company and that registered letter or package
was sent 70 San Francisco from Pettibone's Den
yer address under a used by Pettibone in
sending one of the telegraphc remittances Other
than BY Orchards word 1t has not been shown
that the Bradley explosion was caused by bomb
The casing Of the so-caIled Peabody bomb has
been produced and its history largely proved by
outside witnesses from the time II was made In
Denver until It dug out Of the ice in the Coeur
d Alene River. Miss Peabody confirmed one detail
of the story orchard told Of one of the attempts
chr Ia~ fprH a1d (lrCh a
journey 10 Cahon City to kill former Governor
Peabody received general confirmation from the tes-
tlmony of William Vaughan, who was Orchards
travelling companion. Orchard went to Canon city
ostensibly insurance agent, and the state
has produced letter of Recommendation written
10 the insurance company for him by Pettibone
The discovery of the Goddard bomb has been
established, but the earlier history Of the bomb
and al of the plot centrtng around IL rests on the
testimony Of Orchard. Reason for animus against
Justices Goddard and Gabbert has been shown by
decisions adverse to Meyer and the labor interests
STATION STORY UNCORROBORATED.
Orchards testimony as TO the Independence sta
tion outrage and the murder Of Detective Lyte
Gregory stands alone. His story as TO the Eindl-
outrage is IN part supported by outside testi
Two circumstances that have claimed general at
tention the showing that soon after the Vim
dcator mine explosion Orchard Joined Meyer as a
bodyguard and accompanied him on a trip 10 South
ern Colorado, and the fact that Orchard spent the
month Of August. 1906. a guest of Pettlbone at
the latter's home fl Denver.
The chief corroboration of Orchards testimony
has been things he did and the time and
manner of their doing and II Is cOntended by the
defence that aside from his testimony there is not
a single piece of independent evidence against Hay
wood any fact that independently connects Hay
wood with the crime charged any other crime.
Counsel for Haywood will not outline their de-
fence until Monday morning. but their course dur
ing the cross-eNanlinaton, particularly when they
laid the foundation for their Impeachment of
Orchard, and the personality Of many Of the wit
nesses they have summoned here make their gen.
essl course clear. II is manifest that they will
deavor TO show that Orchard killed Steunenberg
tc be revenged for the loss OF the Hercules mine,
and several witnesses will that they heard
Orchard tell the Hercules tale and that he
would kill Steunenberg. They will probably show
also that Jack" Simpkns prisoner in the
bull pen." where negro thrust a bayonet into
his breast, circumstances that gave the two COM
cause against Steunenberg.
There will likely be a showing that all of the
financial relations of Haywood and Simpkins came
in the natural and regular of conducting the
business affairs OF the federation In this connec-
tion, well 10 the grants of money and food to
Orchard and his wife and Steve Adams the
books and records of the federation probably will
be produced
Orchards testimony the alleged intimacy
of himself and the federation leaders his story
OF the events at Cripple Creek extending from the