The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1908-03-18

Will HANG

Caldwell, Idaho, Mar. 1S.-Stating
that he believed Harry Orchard il
ihis testimony in the trials of Hay
wood and Pettibone for the murder
of Ex-Governor Steunenberg told the
exact truth. attempting to conceal
Inothing, Judge Fremont Wood in the
district court today recommended
| that the state board of pardons com
mute Orchards sentence of death to
Imprisonment for life in the state
penitentiary. The sentence of death
was pronounced in accordance with
the plea of guilty entered by Orch
ard. In sentencing Orchard and rec
ommending Communication of his SEN
tence. Judge Wood reviewed the
the present. The judge said he was
compelled to sentence Orchard to
death, for this is the only punishment
| for murder in the first degree under
| the Idaho statutes.
In regard to the part taken by Or
| chard in the Haywood and Pettibone
trials, Judge Wood said, in part Il
am more than satisfied that the de-
| fendant now at the bar of this court
has not only acted in good faith in
making the disclosures he did, but
that he also testified fully and fairly
to the whole truth Withholding moth
ing material. and declaring nothing
which had not actually taken place.
could conceive the stories of crime
told by the witness and maintain him.
self under the merciless fire of cross
examination by leading 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
Believing as l do that this defendant
acted in good faith. and when called
upon as a witness for the state he
more readily fulfill the duty that l
consider the law imposes upon me
In passing upon this question it is
immaterial that the juries in the two
cases declared they were not salts
fed of the guilt of the defendants on
trial. The statutes of the state impose
a bar to conviction on the testimony
of an accomplice alone, and in each
case the court instructed the jury
that a verdict of not guilty did not
hot hn
cent, but rather that guilt mad not
been proven beyond a reasonable
doubt.
For these reasons it is apparent
red to are not necessarily at var
lance with the views expressed here
] am thoroughly satisfied that under
the facts of this case the court has
a plain duty, and that the authorities
leave no alternative, that the defend
ant must be recommended to the
,1emency of the pardoning board
THE recommendation of the court
II the pardon board is that the sen
tence about to be imposed be CON.
HluIeu anu the death peHdlty De
mitted."
Another reason suggested for elem
ency was that Orchard had testified
to many other crimes, and the court
believed that sooner or later some of
the participants in these crimes will
yield to conscience and join Orchard
in confirmation of the disclosures
made.
Judge Wood then formally sentenc-
ed Orchard and fixed May Is as the
date of execution. Orchard thanked
the court for kindly remarks in re-
gard to him. and repeated that he
had told the whole truth and that no
promise of immunity had ever been
made to him therefor. When he con
cluded tears were streaming from his
eyes, and he all but broke down as
he thanked the Judge for his recon-
mendation to the board of pardons.
Russell does carriage work loft