The San Francisco call., 1907-06-19

going to kill Steunenberg, even If you had to
swing for itT'
mo. sir never had any such converse ton
Senator Borah asked If Richardson couldn't
place the time closer than June or July. 1905.
No man fix the exact day of such an
occurrence said Richardson somewhat holly.
I'VE win have Max Malich here and he may
fix ii for you. but 1t is not likely that he can
give you the day of the conyersation,' responded
Borah sarcastically.
Ibid you say that Steunenberg was a
mean and that had 1t not been
for Steunenberg you would have been mil
lionaire, because you had owned a sixteenth
share of the Hercules mine and that Steunen-
berg had driven you out of the state:'
mo. sir, I never said any such thing.
Orchard very positive in his replies and
Richardson asked him if he knew Lottie Day
of Denver or remembered meeting her in
he intended TO kill Steunenberg. This, also.
Orchard denied
DENIES MAKING THREATS
Orchard was asked if he had not made SINH
lar threats in the hearing and presence of Kid
Walters of Cripple Creek and others. He was
asked If he had not told Dr. ]. S. McGee, for
merly of Wallace, that he a spy and that
he was going TO t'get eyen'' with Steunenberg.
The witness positively denied that he had
conversation with D. Q. Coates. formerly lieu
tenant governor of Colorado; repeated by Rich
said: 1.-The more l of my old partners in
the Hercules the more bitter / feel. They all
are rich and ] am q wandering pauper. I'll
orchard said quietly: II never made any
such statement, either then or elsewhere.
At this point the state took Orchard over for
the redirect examination ]. n. Hawley asked
as to his interest in the Hercules mine. which
he said he sold IN March. 1897. This some
time prior to the troubles in the Occur d'Aienes
in 1893. Orchard was there and left the state
after the blowing up of the concentrator at
earlier in the morning by Deputy Sheriff Mich
OILS was handed to Orchard and the contents
were identifed by him.
The letter read. in effect: Dear Tom:
have received yours and have sent that to Jack
and that you will be successful" There was
no signature.
Orchard said in his direct examination that
the letter came from Pettibone.
copy of telegram from Spokane was iden-
titled by Orchard. The telegram read: AT
torney Fred Miller viii start for Caldwell in
Orchard said that he had not made any ar
raneement with Miller. but that in October,
1905, Simpkns had told him that if he ever got
into any trouble the firm in Spokane of which
Miller a member would he good one TO
retain
MILLER WAS RECOMMENDED
What die he mean by your getting into any
~ suppose he meant trouble over the killing
of Steunenberg.'
''You did not speak to Fred Miller about
trouble of this kind when in Spokane?'
No. sir. | only talked to him about suing
From this the state iumped to April. 1905
and asked what Haywood had said to him
about writing TO his wife. Orchard was pro-
written TO Mrs. Orchard when the defense op-
jected hotly that it not evidence. Senator
Borah argued that the defense had brought out
IN the cross examination that Haywood had
spoken of correspondence with Mrs. Orchard.
IF there is any question Of this being proper
redirect the court will allow the state to re-
open.'' said Judge Wood very positively not
withstsnding the attempt on the part of Clar-
Darrow TO continue the argument.
Orchard said that arrangement was made
through Pettibone with Haywood that Mrs, Or
chard should be told that Orchard had gone to
Alaska. 1t was also agreed that the letters
should be written by Orchard dated from Alaska
before he went TO kill Steunenberg. Orchard
saiq maj one ie15eT was so written @ IN nsnFgr
ganizer for the western federation OF miners at
Cripple Creek Another letter was also given,
Orchard said, TO Marion Moore, who took i to
Nome. Alaska. and mailed it there. Marion
Moore was agent of the western federation
of miners. who sent him to Alaska to organize
the miners.
LETTERS INTRODUCED
Identification under running fire of protest
from the defense. Judge Wood. however over
by orchard and sent TO Mrs Orchard through
Paddy Maloney to Cripple Greek were offered
wood were in consultation over the letters for
several minutes. An objection made to
both letters because they were private cor
respondence between Orchard and his wife and
had no bearing on the case against Haywood
Judge Wood said during the pause that he
would allow the photographers last opportunity
to disturb the proceedings and situation that
was becoming somewhat tense. owing to the
very apparent earnestness of both sides the
documentary evidence. the state to get it in
and the defense to keep 1t cut, was relieved.
Hawley had explained in a burst of good humor
that the photographs thus far have shown only
the back of his head.
Judge Wood carefully read the letters offered
in evidence and after some minutes conversation
Another letter was then introduced. 1t was
a letter from Orchard to his wife, mailed in
Nome Orchard said that ne wrote the letter
in PettlbOQe'S store In Denver, leaving the date
blank and gave 1t to Marion Moore. member
of the executive board of the western fedora tion
of miners. who was going to Nome. 1t was
agreed that the date should be filed in when
Moore got TO Nome. Orchard said he never
in Alaska Nome.
WRITES TO MRS. ORCHARD
When the prosecution offered the next docu-
ment a decided stir showed that the interest
of the courtroom aroused. Two letters were
from Haywood to Mrs. Orchard in Cripple Greek
and in one of them Haywood, addressing Mrs.
Orchard as dear madam and sister" told her
that Orchard had gone to Alaska.
Orchard said that he had received letter
him, he said. by Haywood. Senator Borah read
one of the letters from Orchard to Mrs Orchard,
purporting to have come from San Francisco
In the letter Orchard told her to hand her
letter in reply to Paddy Maloney, who would
take 1t TO headquarters" whence it would be
All the letters were read to the jury The
last was the Haywood letter. written on the
letterhea1 1 OF the western federation of miners
! letter. Haywoods letter to Mrs Orchard read
practically as follows: Dear sister and ma
dame ] have not had any information for some
/ time. The last had, l. think, was from
Alaska. Fairfield ] think the address.
! see that terrible conditions exist among the
/ law and order element W. d. Haywood
The letter was dated from Denver in Novem-
ber. 1905 At this point Judge Wood asked
Hawley how long he would take to conclude his
redirect examination and Hawley said about an
/ hour.
recess was then ordered to 1:so p M
| Orchard brought back to the witness
/ chair at AS and the redirect examination con-
/ tinued by Attorney Hawley. He was asked if
he had instructions from Haywood Meyer
or Pettibone as to what he should do in case
i he got into trouble.
ASSISTANCE PROMISED
Eyes. ! had" replied Orchard They told
me any time l got into trouble not to write
or wire them that they would send one
\ to look after me-