Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-06-18

ana presence OF KID Walters OF Grin
pie Creek and others He was asked
II he had not told DR., j. s. McGee,
formerly OF Wallace, that he was a
SPY and that he was going to get
even" with Steunenberg. He positively
denied that he had. a conversation
with D. G. Coates formerly lieutenant
OF Colorado, was repeated by Richard
son.
In this Orchard is alleged to have
said.
"The more ] see OF my old partners
IN the Hercules the more bitter feel
They all are rich and | am wander
ing pauper. I'll get even with Steu-
nenberg yet"
orchard said quietly, II never made
any such statement either then or else
where"
REDIRECT EXAMINATION
AT this point the state took Orchard
over for the redirect examination
j. III. Hawley asked as to his Interest
In the Hercules mine, which he said he
sold in March, 1897 iris was some
time prior to the troubles in the Occur
d'Alenes when in 1899 Orchard was
there. and left the state after blowing
up OF the concentration at Wardner.
the CODY of the letter Identified earlier
ir the morning by Deputy Sheriff
Nichols was handed to Orchard and the
contents were Identified by him. The
letter read in effect. Dear Tom. l
have received yours and have seat
that to Jack. hope to hear from you
as to your movements and that you
will be succAss.ui There was no sig
ILtuTO.
Orchard said in his direct examina-
ton tina. the letter came from Petit
bone.
A copy of telegram from Spokane
was iGtI lied bJ Orchard. The tele-
gram read:
Atty. Fred Miller will start for Cald-
well in the morning.-M."
orchard said he had not made any
arrangement with Miller but that in
october. 1905, Simpkms had told him
that II he ever got into any trouble the
firm in Spokane of which Miller was
member would be a good one.
what die he mean by your getting
into any trouble?" asked Mr.. Hawley.
II suppose he meant trouble over the
killing of Steunenberg.'
you did not speak to Fred Miller
about trouble of this kind when in
Spokane"
mo, sir"
II only talked TO him about suing the
railroad for the loss Of my trunk.
From this the state jumped to
April 1905 and asked what Haywood
had said TO him about writing to his
wife. Orchard was proceeding to tell
of n letter Haywood had written 10
Mr.. Orchard when the defense OBJ
jected holly on the ground that 1t was
new evidence. Senator Borah argued
that the defense had brought out IN
the cross examination that HayNO"
had spoken Of correspondence with
Mrs. Orchard.
II there is any question of this De-
i.n ztFhl "a
low the state TO reopen" said Judge
Wood very positively, Notwithstanding
the attempt on the part of Clarence
Darrow to continue the argument
DECErvING MRS. ORCHARD
Orchard said that an arrangement
was made through Pettibone with
Haywood that Mrs Orchard should
be told that Orchard had gone 10 Al
aska. 1t was also agreed that letters
should be written by Orchard dated
from Alaska before he Went to San
Francisco. Orchard said one letter was
so written Ia Denver and handed to
Paddy Mullinev who was organizer for
the Western Federation of Miners at
Cripple Creek. Another letter was
also given, Orchard said to Marion
Moorse, who took II 10 Nome, Alaska,
and mailed II there. Marion Moorse
was an agent OF the Western Fedora
ton of Miners who went TO Alaska to
organize the miners
At this point three letters were
marked for Identification under run
ming fire of protest from the defense.
Judge Wood however, oYerruled all of
the objections.
LETTERS IN EVIDENCE
Two letters written by Orchard and
sent to Mrs. Orchard through Paddy
Mulliney to Cripple Creek were offered
in evidence. Orchard said he wrote
the letters just before leaving Tor
Idaho TO kill Steunenberg.
Counsel for the defense and Hay
wood were In consultation over the
letter for 10 minutes. An objection
was made TO both letters because they
We're private correspondence between
Orchard and his wife and had no
bearing on the case against Haywood.
Judge Wood during the pause said
that he would allow the photog-
raphers a last opportunity 10 disturb
the proceedings and situation that
was becoming somewhat tense owing
10 the very apparent earneStness Of
both sides over the documentary evil
dence. the state TO get 1t In and the
defense to keep II out--was relieved,
Mr. Hawley complaining that the
photographs thus far had shown only
the back OF his head.
Judge Wood carefully read the let
tiers offered In evidence and after some
minutes consideration he admitted
them.
Another letter was then introduced.
II was q letter from orchard 90 his
wife mailed In Nome. Orchard said
he wrote the letter IN Petiibnne's store
in Denver. leaving the date blank and
gave It 20 Marion Moore, a member
of the executive board OF the Western
Federation of Miners who was going
TO Nome. 1t was agreed that the
date should be filed In when Moore
got to Nome. Orchard said he was
never in Alaska or Nome
HAYWOOD TO MRS ORCHARD,
When the prosecution offered the
next document a decided stir showed
that the interest OF the courtroom was
aroused. Two letters were handed
10 counsel for the defense. These
were from Haywood Ia Mrs Orchard
~ Cripple Creek and In one OF them
Haywood addressing Mrs. orchard as
Dear Madam and Sister tells her
that Orchard has gone 10 Alaska
orchard said he had received let
ter from his wife whilo he was in DEN
yer II was handed TO him, he said hy
Haywood.
senator Borah read one of the letters
from Orchard to Mrs. Orchard aud
TO como from san Francis
Co in the letter Orchard told her IN
replying to hand the letter to Paddy
Mulliney, who would take ID Ito head
and It would be forwarded.
All the letters were read TO the jury
The last was the Haywood letter writ