The Elbert County tribune., 1907-06-13
PLANS DEFENSE
EFFORT WILL BE MADE TO
PROVE HARRY ORCHARD
WAS HIRED BY MINE
OWNERS.
NO MERCY WILL BE SHOWN
Believe They Can Prove Utter Falsity
of Orchards Story So Far as Con-
Germs Haywood Moyer
and Pettibone.

Following is a summary of what the
defense in the Haywood murder case
expect to prove:
Defense lays foundation of attempt
to prove that Orchard was hired by
the mine owners to plan train wrecks
and mine explosions which could be
laid at the doors Of the federation,
thus injuring the Miners union.
Orchard testifies that he received
money for some of his things from the
warden of the Idaho Penitentiary, who
told him that a part of this money
came from Governor Gooding of Idaho.
Orchard must lay bare to the min
utest detail his life while he was COM
hitting the crimes to which he has
confessed, that every detail may reach
the jury.
Even his petty crimes-theft, big
amy, arson and lying-will thoroughly
be gone into.
Defense will try to prove the utter
falsity of his story in SO far as it re-
lates to Haywood, Meyer or Pettibone.
Feeling between the attorneys on
both sides is increasing, and every ses-
sion brings a clash.
Orchard many times makes correc-
tions of counsels statement OF the tes-
timony he has given. His GOODNESS on
the stand is the wonder of the specta.
tors.
Orchard, since his confinement in
the penitentiary, has received letters
from his wife he deserted in Canadp
in 1895. and he has sent her $115.
Boise. Idaho.-The defense in the
trial of w. d. Haywood succeeded in
establishing a reason for Harry Or
chards departure from the Cripple
Creek district at the time of the Inde-
pendence station explosion. Orchard
admitted he had set fire to the build.
ing occupied as saloon by Johnny
Neville and that Neville had collected
the insurance money and given him
500 for doing the job. This act was
the first use to which "Pettibone dope"
was put, Orchard testifying that he
had poured some oil in an upper room
of the building, left the house, and
that the liquid did the rest.
Haywood's defenders say Orchard
will be connected with the enemies oi
the federation, will be shown to have
been in the employe of the mine own.
ers as a private detective. evidence
will be offered to prove that he had
very light relationship with the Off.
cials of the federation, and the all
round bad character of the man will
be established. The defense points out
that already out of his own mouth Or.
ckard has proved himself bigamist,
murderer, an ore thief, and to be guilty
of arson. Witnesses are at hand. the
defense maintains, who will swear
that he has many other crimes charged
to his account.
On that point representative of the
defense said:
I'm regard to the Independence ex.
plosion l learn that the defense will
attempt to prove that the act was
committed at the instigation of the
Mine Owners association or their
agents.
1T will be remembered that on
June 6, 1904. things had settled to
state of peace in the Cripple Creek
district. The miners peace commit
tee had just finished it's mission to the
district, and after conference with
some of the mine owners they had won
the statement from Clarence G. Ham
lin, If you fellows had come up here
year ago there would have been no
strike
There was general public demand
that Peabody recall the militia and
proclaim civil law once more.
THE defense will attempt to prove
that in order to justify the retention
of the troops, plot was framed up to
blow up the Independence station
without injury to life, but serving the
purpose of furnishing excuse for the
troops to remain. Evidence will be in.
troduced to show that in the execution
of this design several mine managers
were told by telephone to hold their
workmep on the night shift some time
after the usual hour of quitting work.
The telephone to one mine was out
OF order and the instructions, which,
1t will be contended, would have saved
fourteen lives, were never delivered.
That this is the intention of the de-
tense is borne out by the method of
richardson's cross-examination Of Or.
chard. Haywood's attorney has al.
ready laid the foundation for this the
ory- He has put number of questions
to Orchard touching on the peaceful
conditions in the district Immediately
PRIOR to June 6, 1904, and has brought
out the fact that the federation had
everything to lose by this commission
OF acts of violence at that particular
time"
Witnesses for the defense are flock
ing into Boise from every part of the
West. Scores of union men are here
from Colorado, Nevada, the Coeur
d'Alenes and some from British Colum-
bia. From the Coeur d'Alenes came
Dave Coates, with number of miners
who knew Orchard during the troubles
in that district in 1899.
These witnesses will be used to i'm
peach Orchards testimony as to his
statements of acts of violence commit
ted there.
The cross-examination was still con-
hned to Orchards movements in Dem
yer and Colorado, the witness again
demonstrating his remarkable faculty
Tor remembering streets and places to
which he testified on his examination
in chief.