Forest City press. (Forest City, Potter County, D.T. [S.D.]) 1883-19??, 1908-03-26
WOULD COMMUTE
SENTENCE OF
HARRY ORCHARD
Judge Recommends Life Sentence
for SeN-Confessed Con-
spirator.

Caldwell. Idaho, March 2o.-statins
that he believed Harry orchard. In his
testimony in the trials OF william u.
Haywood and George \. P%ettibone for
the murder of ~eN-Governor Steunen-
berg. tod the exact truth. attempting
to conceal nothing. Judge Fremont
Wood. In the district SQUIRT today rec
commended to tll. Stute board of par
ions to commute Orchards sentence OF
death to- inn Imprisonment in the state pen
itentiary.
The sentence OF death was an
nounced in accordance With the plea OF
guilty entered Tuesday OF last week by
Orchard when arraigncd.
Judge Mood presided at both the
Haywood and Pettibcme trials.
Judge Reviews Crime.
In sentencing Orchard and recon-
mending the communication of The sen
tence the judge reviewed the case from
the time of the killing of S~tcunenber9
to the present. including the arrest OF
Orchard. Regarding the part taken by
Orchard i'm the trials OF Haywood and
Pcttibonc. the judge said:
II am more Than satisfied that he
defendant now at The bur OF this CONT
awaiting final sentence has not only
acted in good faith in making the dis
closures that he did. but he also testi-
lied fully md fairly tn the whole truth.
withholding nothing that was material,
declaring nothing which !iad not taken
place.
II, was the particular province of the
court to observe and follow this wit
ness upon former trials. 1 am OF the
opinion that no man living could con-
cefye the stories OF crime told by the
witness ana maintain himself under
such a merciless fire of the leading
cross. examinations ntt0rnevS nf the
country, unless upon the theory that he
was testifying TO facts and circum-
stances which had actual existence
within his own experience.
A True Story.
"A child can testify truly and main
tain itself on cross-eNan1ination. A
man may be able to frame his story to
testify to a brief statement OF facts in
vOlving "A short single transaction, but
l cannot conceive - case where even
the greatest intellect can conceive a
story of crime covering years duration,
with constantly shifting scenes and
changing characters and maintain q
story with circuinstantial detail as to
times. places, persons. particular cir
cumstances. and under as merciless
cross-exainination as was ever given
a witness in an American court. unless
the witness thus tcstifying was speak
ing truthfully. without attempt either
TO mtsrepreSent or to conceal.
believing as I do that the defend
acted In good faith and that when
called as a witness for the state he
told all and withheld nothing, I can
more readily fulfil the duty consider
the law imposes upon me.
Orchard Guilty.
In passing Upon this question it is
ilnmaterial that juries in two cases
tried have declared they were not
satisfied Of the guilt OF the defend
ants on trial. The statutes of The
state impose a bar to conviction on the
testimony OF an accomplice alone. no
matter though he may be believed by
the jury, unless there Is other indie
pendent evidence tending to connect
the defendant on trial with the COM
of the cases tried, the court. at writ
ten request OF each of the defendants,
instructed the jury that a verdict of
not guilty did not mean the defend
ant OF trial was innocent, but rather
that his guilt had not been proved
ner and form prescribed by law"
Recommends cIemency.
For these reasons it is at once APP
parent that the verde OF the juries
referred to are not necessarily ut vari-
ance with the views expressed. / am
thoroughly satisfied under the facts in
this case that the u has a plain
duty to perform, and that the authori-
ties quoted leave no alternative in he
matter. Under these authorities the
defendant must be recommended to the
clemency OF the pardoning board with
full assurance. 1t Is not to be pre-
sumed that the equitable title to mercy
which he defendant has acquired by
testifying to the truth will not be
Facredly accorded by the board in which
the power to pardon or to commute is
vested by the state constitution.
THE recommendation of the court
to the pardon board is that the sentence
of he court about to be imposed upon
this defendant be committed and that
the death penalty be remitted."
The judge gave as further reason for
RENTING the death sentence that as
h was the only person out of q
thousand men involved in the crimes
OF arson and murder in 1899, which Gull
minated in the blowing OF the Bunker
FIJI and Sullivan Centrator, who had
voluntarily and fully disclosed these
crimes the state was under some obi
CATION to Withhold his
Judge Wood. after reading his ruling.
finally sentenced Orchard and fixed
May Is as the date of execution.
Orchard Grateful.
Orchard asked permission to speak
and 1t was granted. He thanked the
court for h review Of the case and for
the kindly remarks in regard to him.
He repeated he had told the whole
truth; that no promise of mercy or inn
snunity ever had been made to MIN. Be
fore he had concluded the tears were
streaming from his yes. He all but
broke down as he thanked the judge for
the recommendation to the board Of
pardons.
ANTI PROHIBITION