The sun. [volume] (New York [N.Y.]) 1833-1916, 1908-03-29
BOTH GUILTY, SAYS The JUDGE
EIEN THOUGH JURIES SET FREE
HAYWOOD AND PETTIBONE,

Judge Woods SPEECH In s~entenelng Orchard
for the Murder Of RX.COy. s~teunenbeFg
NJ IdahO-Orchard'S story Of Crime
Pronounced TFUs-MOFalS Of Courts.
BolsE, Idaho, March 24.-The entire
Northwest Is still buzzing with excited
commeats upon the extraordinary action
of Judge Fremont Wood taken when he
sentenced Harry Orchard last Wednesday
.r the little town Of Caldwell 10 be hanged
for the murder Of ex-Gov. Frank Steunen-
tcrg Of this State. Judge Wood at the
same time that he sentenced Orchard not
only recommended that the State Board OF
pardons commute the sentence but also
.1ok occasion TO declare that he believed
Orchards entire testimony given at the
mails Of Willi1sn ID. Haywood, secretary
and treasurer OF the Western Federation OF
Miners, and George Pettibone, a federation
sympathizer,
This statement Is the more significant
since II m from the very Judge who
rresided over the Haywood and the
pettlhoue trials and to whose charge TO the
iury most Of Boise's people attributed the
acquittal OF the federation men whom
Harry Orchard accused Of planning the
murder Of Steunenberg and hiring him TO
,srry their plans into execution, Judge
Moods instructions to the jury bore very
heavily upon the amount OF corroboration
required under the law for the testimony
II an accomplice In a conspiracy case, and
we're 10 phrased that a good many persons
thought the phraseology and the frequent
iteration about confederation convinced
me Jury that whatever they might think
about the guilt Of Haywood they had no
right under the law TO convict him.
Al all events when the verdict OF not
guilty was rendered early that July norm
lnR last summer as Haywood sat pale and
frightened. surrounded BY wan eyed lawyers
end whisperngly urged by Clarence barrow
10 prepare for the worst, Boise was stunned
Not one mat in a hundred expected ao.
quittal. and those most closely connected
with the case were the ones who had ex-
pected conviction before the Judges charge
was read to the jurors.
A soon a. Boise and Idaho got time TO
think IL over a wave Of indignation, just
or unjust, against Judge Wood swept
over the city and the State. Right or
wrong he was generally made 70 bear
the burden-of responsibility for the escape
II the man whom Boise and Idaho almost
universally believed guilty Of Frank Steu-
uenberg's oowardly aud brutal murder.
That feeling has by no means passed
away. II has left scars that will endure
IN the professional and social life OF the
state and city for many years.
Nobody ever questioned Judge woods
prohity, but his judgment has been widely
and thoroughly denounced among those
who were formerly his strongest friends.
II now appears by his w statement that
he thought Orchard told the truth and
all the truth and that he hae not the slightest
doubt that. Haywood and Pettibone were
guilty Of the hideous crimes laid at their
door by Orchard, their tool, and that they
both should be hanged as high as he has
sentenced Orchard TO be banged.
I am more than satisfied said Judge
Wood in open court, that the defendant
nov at the bar OF this court awaiting inal
has not only acted In good faith
10 making the disclosures that he did but
that he also testified FULLY n larry Q the
whole truth, withholding nothing that was
material and declaring nothing that had
not actually taken place.
During the two trials the testimony Of
the defendant covered a long series OF
transactions involving personal relations
between himself and many others, In the
first trial he Was subjected to the most
critical cross-examination by very able
counsel for at least elk days. and | do not
now recall that at any point he oontradioted
himAelf In any material manner, but on the
other hand disclosed his connection with
many crimes that were probably not known
10 the attorneys for the State, at least not
brought out by them on the direct eKanina-
ton Of the witness.
Upon the second trial the same testimony
q most thorough and critical
examination and In nc particular was there
any discrepancy In q material matter be-
the testimony given upon the latter
trial a. compared with the testimony given
oy the same witness at the former trial.
| am Of the opinion that no man living
conceive the stories Of crime told by
the witness and maintain himself under the
.nerciless FIRE Of the leading cross-e1amin-
Ing attorneys Of the country. unless upon
he theory that he was testifying 10 facts
and 10 circumetencas which kad G. actual
existence within his own experience,
"A child can testify truly and maintain
itSelf on cross-examination. A mar may
be able 10 frame his testimony and testify
b q brief statement Of facts inVolv-
.ng a short and single TRANSACTION and
maintain himself on croes-examinatlon.
But I cannot conceive Of a case whore
wen the greatest intellect can conceive q
Of crime covering years OF duration,
With constantly shifting scenes and chang
ng characters, mhlnthlu lnhb hgoIy
With oircumstantial detail as 10 times,
places, persons and particular circum-
stances and under as merctless a CROSS
Examination ~ waS ever given a witness
n an American court unless the witness
.hus testifying vas speaking truthfuliy
md without any attempt either TO mis-
-epresent or conceal.
Believing Is ] do that this defendant
aoted In good faith and that whom called
Is a witness for tho State he told all and
nothing. ! can the more readily
'ulhl the duty that / consider the law i'm
)osee upon me-
Judge Wood went on TO say that the views
4 Raywood's guilt and the guilt OF Petit
bone he thus expressed were not at vari-
lhee with the verdict Of the juries In those
,aSes, because he had instructed those
Iries that q verdict Of not guilty did not
mean that the defendant wal Innocent
,ut only that his guilt had not under the
sw been established beyond a reasonable
ioubt.
The Judge gives as one reason why the
osrdonlng Board should commute Or
.hards sentence the fact that a long series
\ crimes had been committed In Colorado
nd Idaho. that Orchard admitted htB par