Gilpin observer., 1907-07-25

"FOuTtn-l snail discuss the series
Of the events relied on by the state to
prove a conspiracy against the defend.
ants, Haywood, Meyer and Pettibone.
"Fifth-I shall devote myself to the
ascertainment of the particular offense
the defendants are here on trial for,
for, remember, gentlemen, that while
the range Of the evidence has covered
many fields and many crimes, there Is
but one charge in the indictment, but
one Offense against the state of Idaho.
"Sixth-I shall consider Mr.. Orchard
while under arrest.
Seventh shall consider Mr.. Or
chard while in the pen.
"Eighth-I shall devote myself to
the impeachment Of Mr.. Orchard.
"Ninth-To the treatment Of Mr..
Haywood, the manner and method of it
and the reasons therefor.
Tenth shall devote myself, as /
have been invited to do, to the reasons
why certain witnesses did not testify
for the prosecution and as to why GER
tain others did not testify for the de-
fense.
Eleventh. and finally, shall dis
Gus this case as it appears before this
jury.
when / have finished these eleven
subdivisions / will have done all that
1 can to assist the jury in arriving at
| a proper and just verdict in this case"
| Discussing the law as applied to Or
chard, Mr. Richardson said the corrob-
Grating evidence in support of con-
| Tossing witness must be so strong that
standing by itself, separated and apart
from the witnesses story, it is suffi-
cient to remove all reasonable doubt
as to the defendants guilt. He charged
| TIT the state had no corroborating
circumstances of this character as to
the murder of Governor Steunenberg,
and for the reason that a general con-
spiracy was charged and all the events
of the Colorado labor wars were gone
into.
Richardson described Orchard as de-
claring that he was dime novel hero.
He wanted to be known as a bad
man." He had his picture taken hold
ing smoking revolver over a compan-
ion lying in position of death over
card table This photograph. said the
lawyer, depicted the character of
Harry Orchard, the ''tinsel hero and
blood; an uncle committed suicide
blood; an uncle committed suicide
while worrying over some imaginary
crime.
Orchards testimony to receiving
money from the Western Federation of
Miners for crime was not corroborated
by single witness, Mr. Richardson as
serted.
AS to the coming of the militia to
Cripple Creek, Attorney Richardson
said they came at the behest and ia
the service of the Mine Owners asso-
citation.
Mr. Richardson declared that while
he was not allowed to discuss the de-
portations from Cripple Creek or the
employment of detectives in the va.
rious miners unions, he wanted to
dwell as much as possible on conditions
in Colorado.
What | want you men to know is
that if these men were guilty of the
crimes charged against them in Colo
rado they would long ago have been
called to account to Colorado law"
Next in the consideration of the at
torney came the blowing up of the In.
dependence depot He demanded to
know why young Nevill, who was said
by Orchard to have been with him the
day of the explosion, was brought to
Boise but never put upon the stand to
corroborate the confession of the wit.
ness.
Answering S.r. Hawley's taunt in his
opening address as to why the defense
had not put Steve Adams on the stand.
Richardson declared he wanted to be
perfectly frank. 1T would have been a
case OF dog eat dog and Hawley and
Borah knew it. Under the same in.
fuences that worked on Orchard, a
confession was secured from Adams
which he repudiated. They have the
confessions and We have the repudia.
ton. The whole truth, gentlemen, is
that one was afraid to put him on the
stand. and the other didn't dare to-"