The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-05-05

I
caught. watching the Steunenberg house
with field glasses and making inquiries
as to Steunenberg's movements.
Significant Point.
At this juncture there occurred a cir
cumstance to which great significance
/ has always been attached 1t is stated
that Orchard, when asked at his preirn-
mary examina ton if he wanted counsel
said that il news of his arrest were pub
lished abroad counsel would promptly be
on the ground TO advise him
subsequently Hogan" was identified
! by the Colorado police as Harry Orchard
wanted on the charge of blowing I'D the
Independence depot and upon this iden-
tification he admitted that Hogan was
an assumed name, that his real name was
Harry Orchard
In the meantime the case had passed in
| to the hands OF the Pinkerton detective
agency' and James Mcfarland. famous
Tor his part in the Molly Mcclure affair.
assumed charge of the Inquiry McPar-
land secured what is claimed to be free
and full confession from Harry Orchard
VINO had been removed from the iafl at
Caldwell to the penitentiary in this CITY
Tor safe keeping, as feeling ran high
against him in Caldwell. Orchards con-
tession has never fully been made public
put II Is known that it contains an al
legged admission of participation in near
iy thirty murders, and that Orchard
charges Haywood. Meyer and Pettibone
with having induced him to commit fine
!
agreed sum for each.
Some Expected Testimony.
It is alleged that Orchards confession
mas been amply confirmed. that he Will
go upon the stand and will freely repeat
II with the full knowledge that when his
turn comes for trial he will be convicted
ana executed. 1t is said that Orchard
only desires to make a clean breast of
his past and he is quoted as saying that
ne desires TO clear the whole thing I'D
before am executed" The states pros
ecutors believe they can corroborate the
confession in all its most important as
poets. II Is alleged that Pettibone was
an expert on explosives and that he
Meyer and Haywood Jointly plotted the
crimes.
On Feb. Il of last year. Haywood. Mover
and Petubone were arrested in Colorado
and immediately brought to Idaho. The
arrest was made by Idaho officers on am
affidavit that the men were in the STATE
OF Idaho at the time the murder was
committed. The governor of Colorado
honored the requisition of the governor of
Idaho, but there was no judicial proceed
ing in Colorado. 9 circumstance that led
to long and bitter contest
False Affidavid Made.
The affidavit charging that the men
were in the state of Idaho at the time
Of the murder being admittedly false in
fact though true as a compliance with
the letter and spirit of the statute ac
cording to the officers of the state gave
rise TO widespread discussion as to fhe
prOpriety OF the action of the two states
involved Then throughout the country
went the cry that the three prisoners had
been kidnapped in defiance of all constI-
tutiOnal rights. This phase of the oues-
ton was later tested by means of 1-rits
Of habeas corpus and an appeal to sha
United States supreme court the result
being a victory for the state of Idaho.
There have been various preliminary
legal proceedings in this case in Idaho
y md 1nH Vol IL
other, The most important proceeding
has been change of venue taken re-
Gently from Canyon county to Ada coun-
az on Application of the defense, on the
ground of prejudice.
Special counsel for the state of Idaho
and the offlcidfS and detectives connect
ed with the prosecution have maintained
silence as to their case and very little is
known publicly as to its features and de-
tails Their progress will be contested
at every point by an alert group of strong
by many lawyers that the fate of fhe
case here and in the higher courts hinges
on the admission or rejection of certain
evidence. specific murder is charged
that crime may exclude many features of
the general conspiracy set up in theory.
Conspiracy Charged.
The defendants deny their guilt most
positively and in turn assert that they
are the victims of a giant conspiracy
as daring in conception and act as the
one alleged against them. Their attor-
neys have withheld their plans. but it
is generally believed that while they will f.
admit that there were many crimes they |
will hold that their clients are (
guiltless. and Will set up the
theory that the plot and inssigation 1
came from their old enemies the mine /
owners. They will probably seek to show 4
that Orchard made his confession in the I
nope that he would save himself under 4
promise Immunity nd hot = h.
venge feature is an invention TO give 1
FEASIBILITY to an impossible tale.