The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-06-19
If TIERS TO SHOW
HAYWOOD HAD HAND D
Prosecution Succeeds in Getting
Important Evidence Before
the Jury.
WIFE 'Ii KEPT E' IN IGNORANCE y ORA ICE
Proof Submitted to Show That
Prisoner Participated in Plan
To Deceive Mrs. Orchard.
WIFE KEPT IN IGN0RANc E

on various crimes for the federation
leaders, had participated In a plan to
deceive Mrs. Orchard, Of Cripple Creek,
70 e varet2 OF tho
defense. Orchard was allowed to tes-
tlfy that in the summer Of 1905 Hay
wood told him that Mrs. Orchard was
writing for information as to Orchards
Whe reabouts Orchard swore that he
wrote Mrs. Orchard a series Of letters
thai. were falsely dated and delivered
to Mrs. Orchard by agents OF the West
ern Federation Of Miners. Orchard
dated San Francisco. and had them de-
livered through Paddy Mulliney, who
repre- sented tho federation at Cripple
Creek
Orchard Identified the two letters,
and overruling all objections OF the
defense Judge Wood admitted them.
Haywood Writes II Letter.
Next Orchard swore that he wrote n
Nome. Alaska, and that, under the
general arrangement he had made with
the federation officers. Marian Moore
carried the letter to Nome. where he
and u1 posted t. This letter e Bearing tho
date Of Nome. August s, 1905, was pro-
duced, identified and admitted as evil
dence.. Orchard then identified g. LETT
chard, and that was admitted in evil
dence and handed to the jury, It fol-
lows:
Denver, November 1 s, 1905.
Mrs. II. Orchards:
Dear Madam and sister.-I have
not heard a word since saw you.
The last information got was
from. Alaska. Think Fairfield was
the name 5of the place. I SEQ that
awful conditions prevail among
the law and order clement.
Yours very truly,
"WILLIAA1 D. HAYWOOD."
The three letters written by Orchard
were commonplace. and contained
nothing bearing on the case or Or
chard's testimony except reference to
tho arrangement which Orchard says
for the care Of his wife While he was
absent.
The defense attacked the letters and
Orchards story about them when it
got chance to ross-examine the Wit
ness, but Orchard held to the story
he told about them. The witness de-
MED that he had made an Arrange
nent for the delivery Of the letters to
Pinkerton agents; that the letters had
only made their appearance since he
left the stand last week, or that he
had invented the story because his
wife had Haywood's letter In her pos
session. lie swore positively that
Haywood had agreed to write the Alas
kn letter. and that Pettibone and
Meyer knew Of the arrangement.
Unsigned, but by Pcttibone.
Beside the four San Francisco and
Alaska letters tho State procured tho
admission Of certified copy Of an
unsigned letter which Orchard got at
Caldwell Jail, and which Orchard
swears was In the handwriting OF Pct
1 4
December 80
"Friend Tom: Your letter re-
| celved, That was sent to tho Jack
December 81 for you. lie should
send it so that you ought to have
It by this time. win not write
any more this time Write me as
soon as you get to your new field"
The letter was postmarked at Den
yer, December 30. 1905. the day that
steunenberg was killed, and it Is said
that the Jack" mentioned was Simp-
klns, and that the that" referssd to
was 800, which Orchard swore he
asked Smplsins to get for him when
Slmpklns left Caldwell.
Counsel Nvas Provide1.
The State developed Its contention
| that, as tending to show a conspiracy
and knowledge of the Steunenberg
crime, Orchard was. without any re-
quest from him. furnished with counsel
within a few days after h!s arrest.
The prosecution first showed that Or
chnrd, after his arrest, sent no COM
munlcntIon from Caldwell Jail. and
then produced the original Of the fol-
lowing telegram:
"Spohane, Wash, Jan. 3, 1906,
"To T. Hogan, care Sheriff. Caldwell
Idaho: $5
| "Attorney Fred Miller will start for
Caldwell in morning.
M, so Hyde Block"
Tho telegram was labeled rs tele-
phoned at 1880 +. NJ, and that tho hlne
words in the dispatch were charged 70
Tho account of Robertson. Miller q
| Rosenfeldt.
/ Tho defense examined Orchard on
|. this subject, and largely devoted Itself
Ia showing that Tho Western Fcdera-
tion If Miners always provide counsel
4 ror lis members whenever and Wher-
ever they get into trouble.
Had Sold Mine Interest,
m combat tho theory that Orchard
killed Steunenberg In revenge for his
\ loss of a valuable Interest In the, Her
eules nine. the State on redirect en-
animation nbtnnied from OrchaI q
declaration that he sold his INTEREST
I'm tho Hercules In 1887. two years be-.
fore the strike began and troops came;
| The defense attempted to modify this
| by getting tho witness tn admit that
/ he had not sold his interest in the
4 Hercules, butBhad pledged II and could
.(haye taken ~ back ANY tIIae up to Ills