Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-05-05

lace. Idaho, for the murder of Fred Tyler,
which he confessed to, but the jury disa-
greed because he also retracted that con-
fession on the same grounds. The defense
regards the outcome of the Tyler trial as
hopeful, at the worst, looking for a similar
outcome In the Steunenberg murder trial,
Law in the Case.
According to the laws of Idaho, defend
ant cannot be convicted on the uncorrobo-
rated statement of an accomplice. Just
what evidence the prosecution has to SUBJ
-stantiate the confession of Harry Orchard
is not known. certain amount of SUBJ
sanitation was secured by the prosecution
at the time of the confession. Whenever
Orchard spoke of a crime his facts agreed
with the facts as known. In one instance
he told of a bomb that had been left for
Judge Goddard of Colorado, and after three
attempts to fire 1t had been left awaiting
more propitious time, which never ar
rived. This bomb was found exactly as de-
scribed.
Harry Orchards confession, which is des-
tined to receive worldwide publicity, Is
one long record of murded. In 1t Haywood
plays the leading part as the directing
mind, and Orchard is the tool. Orchard
confesses that he was entirely subservient
to Haywood. In one case, whererthey had
attempted several times to get" Gov. Pea
body of Idaho and failed, Orchard says:
Haywood was getting impatient, so
thought l would go after him with
gum" This from Orchard, who eonfesses
that he always arranged a getaway before
he committed crime.
The occasion Orchard picked for his par
ticular crime was when Gov Peabody was
to return from a ball. With a short-bar-
relied shotgun under his coat he haunted
the vicinity of the Peabody home. A car
riage drove up and three women alighted
from 1t. Orchard had had superstitious
feeling that he was not destined to get"
Peabody. He walked boldly to the carriage
door and looked in. The women were bad
ly frightened. When this part of the con-
fession was read in Denver before the ex-
tradition was allowed. Mrs. Peabody was
called up over the long-distance telephone
at Canon CITY, where she lived, and asked
If she remembered ever being frightened
or annoyed on her return from a ball in
Denver. She thought for moment ana
then said: "Oh. yes, once and repeated
the incident. This is another of the cor
roborative points.
Attempt on Gov. Peabody.
OF all this romantic story Of crime Or
chards next attempt to assassinate Gov.
Peabody savors most of the unreal. Pea
body is an enthusiastic thirty-third degree
Mason, and has the distinction of having
conferred more degrees in this order than
any man. Orchard resolved to trap MIN
after leaving some Masonic meeting. He
secured two well-appearing young men and
an automobile, and stationed them In front
of the Masonic Temple in Denver. AS
Gov. Peabody came out and turned toward
home they were to offer him ride, and
Orchard had the rest planned. AS Peabody
left the temple one afternoon before
big evening meeting man stepped up 10
his side and keeping pace with him Tor
a half block said quietly: Don't speak
to me, but don't ride In any mans automo-
bile tonight, no matter what happens
Gov eabody has told this part of the story
In confederation of Orchards confession.
ticularIy impressed by the secretly con-
veyed Information, but that night when ne
stepped from the temple into the street
and two men were buttoning their automo-
bile coats and said in CHEEKY tone. Ride
you up. governor. we're going your way"
he remembered the warning with horror.
He excused himself.
Orchards confession is filled with such
Incidents. All did not escape Orchard by
far, however Orchard confessed to the
dynamiting of the railroad station at indie
pendence, Col, when he killed thirteen men
outright and crippled six more. Steunen-
berg certainly did not escape him.
Idaho fears bloodshed over this trial. And
we'll it may when such crimes lead to 1t.
On whatever side the crime lay, men who
could do so much in revenge would stop
at nothing when desperate.
Lawyers In the Case.
The Haywood, the most important Of the
murder trials, will be a hard-fought legal
battle Judge Fremont Wood, before whom
It will be tried, is burly, square shouldered
fearless westerner. For the defense, Clar-
ence Darrow, the Chicago criminal lawyer.
Will lead. He will be assisted by ex-Gov.
John T. Nugent Of IDAHO the firm Of Rich
ardson, Patterson & Hawkins of Denver
and Fred Miller of Spokane. The prosecu-
ton will be led by James H. Hawley of
Boise, Idaho. and Senator ". E. Borah
Of Idaho. In the land fraud Investigations
which have been under way in Idaho, a
leak in the grand jury discloses the fact
that Borah has been implicated In the land
fraud cases. II Borah continues in the
Haywood case with this rumor undenied, |
and no one has denied it yet. this will hurt
the case Of the prosecution by just SO
much.
This case requires very delicate handling |
twas to have been tried first at Caldwell. |
Idaho, but a change of venue was allowed !
to Boise The proceedings in this matter |
were before Judge Wood, who acted in a |
blunt straightforward manner. Before |
him there can be no doubt that the trial
will be fair, but swift.