The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-03-19
ORCHARD WILL
NOT Stretch
HEMP IN IDAHO
Sentenced to Death, but Is
Recommended for
Pardon.
JUDGE WOOD BELIEVES
MURDERER TOLD TRUTH
ALSO THAT MOVER, HAYWOOD
AND PETTIsoNE WERE GUILTY,
IN SPITE OF AcQUlTTAL.

Boise. Ida, March 1S.-Stating that
he believes that Harry Orchard. in hls
testimony in the trial of William ID.
Haywood and George A. Pettbone Tor
the murder of Ex-Governor Frank
Steunenberg, told the exact truth, at
tempting to conceal nothing, Judge
Fremont Wood, in the district court at
Caldwell today, recommended that tne
stale board of pardons commute Orch-
erqas sentence of death TO imprison-
rhent in the state penitentiary. The
sentence of death was pronounced In
accordance with the plea of guilty en-
tered by Orchard Tuesday of last
week when arraigned. Judge Wood
presided at both the Haywood ana
PettibOne trials.
Review of the Case.
In sentencing Orchard and recon
mending the Communication of his SEN
tence, Judge Wood reviewed the case
from the time of the killing of Frank
Steunenberg to the present, including
the arrest of Orchard, his confession,
the arrest of Charles E. Meyer, presi-
dent of the Western Federation or
Miners; William d. Haywood. secre-
tary- treasurer of the federation and
George A. PetIibone; the trials or
Haywood and Pettibone and the plea
of guilty entered by Orchard to the
charge of murder in the first degree,
the punishment for which, under the
idaho statutes, is death.
Il Believes Orchards Story.
In regard to the part of Orchard in
the trials, Judge Wood said:
THE rule upon which the equitable
right TO the recommendation for par
tial or complete immunity depends is
based upon the assumption that the
accomplish thus used as a witness has
acted in good faith and testified fairly
and fully to the whole truth so far
a0 Il relates to the entire transaction,
Involving both himself and his accom-
plices or Rp-defendants. / am more
than satisfied that the defendant now
at the bar of this court awaiting final
sentence has not only acted in good
faith i'm making the disclosures that
he did, but that he also testified fully
and fairly to the whole truth, with
holding nothing that was material, and
declaring nothing which had not &C
tually taken place.
Stood Cross Examination.
During the two trials to which l
have referred the testimony of the
defendant covered a long series of
transactions, INVOLVING personal rela-
lions between himself and many
, others. In the first trial he was sub
xteted to the most critical cross-exam-
sS5ation by very able counsel for at
least six days, and l do not now re-
call that at any point he contradicted
himself in any material matter, but,
on the other hand, disclosed his con-
nection with the commission of many
other crimes that were probably not
known to the attorneys for the state,
at least not brought out by them on
the direct examination of the witness.
Upon the second trial referred to the
same testimony was given. a most
thorough and critical eross-exaMina-
ton of the witness followed. and in
no particular was there any discrep-
ancy in a material matter between the
testimony given upon the latter trial
as compared with the testimony given
by the same witness on the former
trial.
invention impossible.
Mt was the particular province of
the court to observe and follow this
witness upon the former trials and l
am of the opinion that no man living
could conceive the stories of crime
told by the witness and maintain him
self under the merciiess fire OF the
leading crOss-eXaminatiOn attorneys
of the country unless upon the theory
that he was testifying TO facts and
circumstances which had an actual
existence within his own experience. A
child can testify truly and maintain
Itself on crOss-eXaminatiOn. A man
may be able 10 frame his story and
testify TO a brief statement of facts
involving a short single transaction.
Nothing Withheld.
But i cannot conceive of q case
where even the greatest intellect can
conceive a story Of crime covering
veaFs of duration. with constantly
ss&ting scenes and changing eharae-
terss and maintain that story with
circumstantial detail as to times,
Continued on Page 2.