The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-13

read In the papers that Orchard and Ne
vile had fed and were suspected OF COM
plicity In the matter.
y. When Orchard came back TO you In
January didn't you talk with him about the
charge against him? A.. ! believe | did.
q. And after that time you nut Orchard
again ON the relief roll of the federationf
A.. Yes, sir he drew relief from the federation
after that for some time.
q. Well. Orchard. Steve Adams and W. r.
Dnvis Ind taken assumed names after tha
= explosion while they were still in DenNer2
A.. No. sir. Davis didn't until later.
The cross examination further developed
the fact that Orchard had made two visits
TO Haywood's house in the spring of 1906.
The senator then got curious about Hay
woods acquni niance with Mrs. Orchard.
Haywood said she called on him at head
quarters He did not remember why shs
called or what she wanted.
q. Now. You wrote Mira. Orchard In Novem-
Der. 1905, that the last information that YOU
had OF her husbands whereabouts came
from Fairfield. Alaska? A. I did: yes. sir.
y A. a matter of fact. the only thipg that
you knew about n was that Orchard In August.
1905. In Denver. had talked of the possibility
of going to that place? A. Yes. sir; that Ia 80.
Z. And you wrote Mrs. Orchard thus be-
cause you didn't care 90 tell her the real facts
about Orchard 3 u bsence from herr A. That's
the fact yes.
Haywood added that he never made
any special plans TO see that Mrs. Orchard
did not suffer. Whatever she got was only
the ordinary relief for wives Of strikers.
Y. Did you ever Ia We any talk with Orchard
about Gov. Steunenberg1 A.. Idont think 90.
q. Ever hear Orchard make any threats
against Sfennenberg? A. No. sir: never.
y. Ever hear OF any threats made by
Orchard asains. steunenbsrs before your
arrest? A. No. sir.
q. You never heard. then. that Orchard had
any reason for blaming Gov. Steunsnberg
for losing his interest In the Hercules mine?
A. No. sir, | never did at that time.
Senator Borsh wanted TO know what IL
was that first made Haywood think that
IL wos n press despatch saying that Hogan
was from Denver and that In his grip was
found IA postcard addressed to Charles ii.
Meyer. This WAS on January 3. Orchard
was arrested on January /, and on January
4 the cipher t-le gram from Jack Simpkins
arrived.
o Had you ever received 4 cipher tsls-
gram from MIR. Sirnpkins before that? A.
No sir. never.
Q Did you teleg raph TO Simpkins to satisfy
the doubt YOU had that II was from him. A.
No sir.
Y. This telegram requests Won to answer.
doesn't ~ A. Yes sir.
q. Did you answer? A. No. sir: we thought
II read: Can ! get "A lawyer 10 defend Ho-
gan" instead OF can't get.
y. I5ut Simpkins had authority to get "a
lawyer. didn't he. ~ M executive board
member? A. Yes. sir. he did
q IL wasn't necessary for him to sire
YOU for authority A. No. sir.
.. Now. when Lawyer Fred Miller cams
to you IN Denver did he tell you hat on Jun.
uary 3. before Simpkins sent the telegram
he started for Caldwell and got ss far as Walll
Walls and was called back2 A. No. air
don I think be said anything about IL.
q. Now. look ut this other telegram intro
duced by the State. which was sent TO Orchard
on January q from Spokane. saying. At
torney Fred Miller will start for Caldwell
on January O." and explain. please. the reIa-
lions OF the two.
Haywood said that il would he a hard
matter 10 explain the meaning He didn't
believe he could do IL.
As a matter of fact the State exploits 10
prove on rebuttal that Miller started from
Spokane to 20 10 Caldwell 10 defend Or
chard; that his partner reading in a news
paper Orchards statement that IA soon
as IL was known that he was in trouble
counsel would he sent him, telegraphed
Miller TO return, and that Miller got this
telegram AZ Walla Walla and went back Ia
Spokane. Later on when Miller went TO
Denver Haywood said that he told him
Simpkins had hired him to go to Caldwell
and defend Orchard. Haywood had never
received from Simpkins any explanation
Of that cipher telegram. He had never
heard directly from Simpkins after that
and he had no idea where he was. Neither
he nor anybody else in the federation con-
Quoted any inquiry with reference TO seeing
where Orchard was and what he was doing
just before Steunenberg was killed.
You accepted the statement of Miller
and the action Of Simpkins. and on that
alone proceeded 10 the defene, Of 0rchard?"
asked Borah.
Yes sir. that's about the way 10 was"
said Haywood. He admitted that Orchard
made no request for the help Of the West
ern Federation and that no formal charge
had then been made against the federation. |
vet it was not regarded as personal defenoe1
W don't employ counsel only for matters
connected with the federation" said Hay
wood.
Was there any reason why you should
ave proceeded under cover il the fedora
ton was Innocent"
NO. sir said Haywood. Il don't know
of any reason"
The witness denied knowing that Orchard
had recently been in the Ceur D'Alenes.
or that he and Simpkins had been together
several weeks that fall of 1905. Simpkins
never made any report upon IL.
As to that 500 draft sent on December
81. 1906. by Haywood to Simpkins. Haywood
said that he never told Pettibone anything
about IL. He never had any talk with Petit
bone about Orchard that autumn.
There was only a brief redirect examina- !
ton and Haywood then left the stand after
a day and a half spent upon IL.
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