New-York tribune., 1907-06-19
MRS. ORCHARD FOOLED.
Continued from first page.


attorney.
Nichols was allowed so without any cross
examination Harry Orchard was then called and
h. f. Richardson at once commenced the cross
examination II became evident Inat the defence
proposed to bring a number OF witnesses to prove
that Orchard had for years nursed vengefui spite
against steunenberg and had repeatedly made
threats against him.
DO you know Max Maich. of Deuver?" asked
Richardson.
Yes, sir
MaIich. you and he being alone, that you were
going 10 Kill Steunenbers even if you had to swing
/ for it?'
No sir. I never had any such conversation"
Senator Borats asked if he could not place the
time closer than June or July, 1906
! No man can fix the exact day of such an occur
| renee" said Mr.. Richardson, somewhat holly. We
viii have Max Malich here and he may fix 1t for
you, but 1t is not likely that 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 millionaire, because you had owned 4
sixteenth share of the Hercules mine and that
Steunenberg had driven you out of the state?'
NO, sir. / never said any such thing.
orchard was positive in his replies and showed
no hesitation.
Mr.. Richardson asked him If he knew Lottie Day
or Denver, and. meeting her in room at the
Belmont Hotel told her that he intended kill
Steunenberg. This also Orchard denied.
Orchard was asked if he had not made shhilar
threats In the hearing and presence of Kid
Waters, of Cripple Creek, and others HO was
asked if he had not told DR.. J. S. MCGEE, for
merly of Wallace that he a spy and that he
was going to get even" with Steunenberg. lie
positively denied that he had.
\ conversation with D G. Coates, formerly Lieu
tenant Governor of Colorado. repeated by
Richardson In this Orchard is alleged to have
said:
The more see of my old partners In the Her
cules the more bitter ! feel They all are rich
and am a wandering pauper. I'll get even with
Steunenberg yet"
Orchard said quietly:
ORCHARD DENIES BITTERNESS
40
elsewhere"
At this point the state took Orchard over for the
redirect examination.
]. H HawIey asked as TO his interest in the
Hercules mine which he said he sold in March,
1881 This was some time prior the troubles in
the CPur dAleneS when in 1893. Orchard was
there, and left the state after the blowing up of
the concentrator at Wardner The COPY Of the
letter identified early in the morning by Deputy
Sheriff Nichols handed t. Orchard. and the
contents were identified by him. The letter read,
in effect:
Dear Tom: I have received yours and have
sent that 10 Jack l hope to hear from you as to
your movements and that you Will he successful"
There signature.
Orchard said in his direct examinat tion that the
letter from Pettbone.
A copy Of a telegram from Spokane was identi-
fed by Orchard. The telegram read:
Attorney Fred Miller will start for Caldwell in
the morning. NJ"
orchard said he had not made any arrangement
with Miller, but that IN October. 1905 Simpkns had
told him that if no ever got into any trouble the
firm in Spokane Of which Miller a member
would be good
What did he mean by your getting into trou-
ble?" asked Mr. Ha wiley.
4 suppose he meant trouble over the killing Of
Steunenberg."
You ala not speak to Fred Miller about trouble
OF this kind when in Spokane"
No, sir. L-only talked 70 him about suing the
railroad FOR the loss Of my trunk"
DEFENCE OBJECTS To LETTERS.
FROM TINS the State jumped 10 April. 1868. and
asked what Haywood had seid To him about writ
ing to his wife Orchard was proceeding T. tell Of
letter Haywood had written TO Mrs Orchard
,y when the defence objected hoty on the ground
that II was new evidence Senator Rorah argued
that the defence had brought out in the cross
examination that HAYWOOD had spoken Of CORE
spondence with Mrs. Orchard.
II there is any question OF this being proper re-
direct testimony the court will allow the state 10
reopen said Judge WOOD. positively. notwith-
standing the attempt the part Of Clarence Oar
row to continue tho argument
orchard said that an arrangement made
through Pettiboue with Haywood that Mrs
orchard should he told that Orchard had gone to
Alaska. II also agreed that letters should he
written by Orchard dated from Alaska before he
went to San Francisco Orchard said he wrote the
letters just Lefore going To Idaho XIII Steuncn-
berg. one letter handed 10 Paddy Mul-
aney. who was organizer for the Western Fedora
ton of Miners AT Cripple Creek. Another letter
was given. Orchard said. to Marion Moore who
took il 70 Nome Alaska. and mailed II from there
Marion Moore agent OF he Western Fed
GRAFTON Of Miners who went 70 Alaska to organ
ze the miners.
At this point three letters were marked for
Identification under a running fire Of protest from
the defence. Judge Wood. however. overruled all
the objections
Two letters written by Orchard and seat To Mrs
Orchard through Paddy" Mullaney to Crinpe
Creek offered in evidence. Counsel for the
defence and Haywood were in cons,IItation over
the letter for ten minutes. An objection was made
both letters, because they were private CORE
spondence between Orchard and his wife and had
no bearing the case against Haywood
Judge Wood during the pause said that he would
allow the photographers "a last opportunity To dis
tErb the proceedings and a situation that was be
coming somewhat tense, owing 10 the apparent
earuestness OF both sides the documentary
eyidence-the state TO get II in the defence 10
keep II out-was relieved. Mr.. HawIey coupIainIng-
lhat photographers thus far had shown only the
back OF his lead
Judge Wood carefully read the letters offered in
evidence, and after some minutes consideration
admitted them
Another letter was then introduced 1t was from
Orchard to his wife, mailed at Nome. Orchard said
he wrote the letter In Ictubone's store. in Denver.
leaving the date blank. and gave It TO Marion
Moore, VINO was going 10 Nome. It was agreed
that the dat should be filled in when Moore got
10 Nome Orchard said he NEVER was I'm Alaska or
Nome.
When the prosecution offered the rext document
decided stir showed that the interest the court
room was aroused. Two letters were handed to
counsel for the defence. These from Hay
wood Mrs. Orchard, in Cripple Creek and in
of them Haywood. addressing Mrs. Orchard as
Dear Madam and Sister," told her that Orchard
had gone to Alaska.
Orchard said he had received a letter from his
wife while he In Denver. It handed to
him, he said, by Haywood
Senator Borah read one Of the letters from
Orchard 10 Mrs. Orchard and purporting to
from San Francisco In the letter Orchard told
her In replying hand the letter Paddy" Mul-
lney, who would take II 10 Headquarters and II
would he forwarded
All the letters read to the jury. The last
the Haywood letter, written on tho letterhead
of the Western Federation OF Miners. Senator
Borah read the entire heading and the letter. Hay
woods letter TO Mrs Orchard read practically
follows:
HAYwOODs LETTER TO MRS ORCHARD.
Dear Sister ard Madam; I have not had any in