Omaha daily bee., 1907-06-19
ORCHARD DECEIVED HIS WIFE
Letters Produced Showing Collusion
with Haywood.
STAR WITNESS AGAIN TEsTIFIEs
Orchard Recalled by Attorney Rich
ardsOn and Questioned ~ to
Whether He Had VenEe-
ful Spite.

chard recalled to the stand, first to be pre-
pared formally by the defense for impeach-
ment and then to be re-directly examined.
the state produced this morning a number
Of letters written by the witness and one
| by the prisoner Haywood, the purpose Of
which was to show that there had been
conspiracy TO deceive Mrs Orchard Of Grip
pie Creek as to the whereabouts of Orchard
| in the spring and summer of 1906.
The defense vigorously protested against
/ the introduction OF the matter on redirect
examination but the court ruled that II II
was improper on redirect he would permit
the state to reopen its examination.
Orchard swore that Haywood said In the
spring Of 1896 that Mrs Orchard was re-
peatedly writing to him as to Orchards
whereabouts and Orchard suggested that he
write her a series OF letters, date them at
San Francisco and have them delivered
through agents Of the Western Federation
Of Miners. Two were thus written and the
state. producing them, secured their admis-
sion. Then one was written, dated at
Nome, Alaska, and given to Marion Moore,
then an organizer for the Western Fedora
tlon OF Miners, to take to Alaska and mail.
The state produced the letter and over OBJ
! jectons secured it's admission.
Next the state produced a letter written
by Haywood himself to Mrs. Orchard show
ing that the prisoner had knowledge OF tho
Alaskan story and this. too, was admitted
in evidence Orchard also testified that the
replies Of Mrs. Orchard were sent to him
| through Haywood. .
Seek to show Revenge.
The impeaching questions propounded by
the defense all indicated purpose by the
defense to show that at various times Or
chard threatened to kill Steunenberg be-
| cause OF desire to be revenged for the loss
Of his interest in the Hercules mine.
All the members of the Haywood family
were In the seats near the prisoner when
the case againss William D. Haywood was
resumed at $3.50 this morning In the Ada
county district court
During the intermission since the ad-
! journment on Saturday a large number OF
witnesses have arrived in Boise. The
court room was only about half filled,
however at the time court opened. J. T.
| Nicholas. who was deputy sheriff Of
Canyon county end in charge Of the Jail
at Caldwell at the time OF Orchards ar
rest after the murder Of former Governor
Steunenberg was here. Orchard, in his
statement from the stand, said that whilo
in the Jail at Caldwell he received a let
ter from Pettibone The original Of the
| letter was destroyed by Orchard, but
Nicholas made a copy OF It before giving
! it TO Orchard. The copy OF the letter was
produced and Identified by Nicholas. A
section of the original envelope was also
produced ana identified. The letter was
not read. The witpess, said that It was
not signed.
Miller Called Upon Orchard.
Nicholas testified that Fred Miller, a
lawyer of Spokane, had called upon
Orchard shortly after he was placed in
the Caldwell Jail. Miller is now one Of
the attorneys for the defense of Haywood.
Nicholas said that Orchard had not sent a
telegram summoning Miller. but that he
had received telegram signed M"
A copy OF the telegram was produced and
identified by the witness. Nicholas was
proceeding to tell Of a conversation with
Miller when the defense raised objection
after objection and after argument the
testimony was admitted. Nicholas oald
that Miller had told him that money sent
to Orchard should be turned over 70 Miller
as his attorney.
Nicholas was allowed TO go without any
cross-examination and Harry Orchard was
called. The notorious prisoner witness
entered the court room through the door
leading TO the judges room. His appear
ance created no particular interest. He
came IN WIN his CubtOindTy bltp
and preceded and followed by deputies and
gun men,"
Are Proving Orchards Motive.
f. r. Richardson at once commenced the
cross-examination. II became evident that
the defense proposed to bring a number of
witnesses to prove that Orchard had for
years nursed a vengeful spite against
steunenborg and had repeatedly made
threats against him.
do you know Max Mallch OF Denver7"
asked RcharCson-
Yes sir"
Ibid you in 'IGne or July of 1905 say to
Max Malich you and he being alone, that
you were going to kill Steunenberg even II
you had to swing for it?"
mo, sir, I never had any such conver-
sation.
Senator Borah asked II he could not
place the time closer than June or July,
1906.
mo man can nx the exact day of such
an occurrence" said Mr. Richardson. some
what hotly.
1--WE will have Max Maiich here and he
may fix II for you. but II is not likely he
can give you the day Of the conversation"
did you say that Steunenberg was mean
and that had It not been for Steunenberg
you would have been a millionaire because
you had owned sixteenth share of the
Hercules mine and that steunenberg had
driven you out OF the slater"
mo, STR 1 never said any such thing"
Orchard Does Not Hesitate.
Orchard was very positive in his replies
and showed no hesitation. Mr.. Richardson
asked him II he knew Lottie Day OF Den
yer. and meeting her in room at the Bel
mont hotel told her that he intended 10
kin stcunenberg. This also Orchard de-
MED.
Orchard was asked II he had not made
similar threats IN the hearing and presence
Of kid" Waters OF Cripple Creek and
others He was asked II he had not told
DIT. ]. S. MCGEE, formerly Of Wallace, that
he was a spy and that he was going TO
get even" with steunenbefg. He posi-
lively denied that he had. A conversation,
with d. C. Coates formerly lieutenant gov
ernor OF Colorado, was repeated by Rich !
ardson.
In this Orchard Is alleged 70 have said: /
THE more l see OF my old partners In 4
the Hercules the more bitter 1 feel. They |
all are rich and am q wandering pauper 1
III get even with steunenberg yea"
Orchard said quietly;
Il never made any such statement, either
then or elsewhere"