Kingsbury County independent. (DeSmet, Kingsbury County, S.D.) 1894-1929, 1908-03-27
WOULD COMMUTE
SENTENCE OF
HARRY ORCHARD
Judge Recommends Life Sentence
for Self-C Confessed Con-
spirator.

Caldwell Idaho, March 2e.-Stating
that he believed Harry Orchard, In his
testimony in the trials of William D..
Haywood and George A. P~ettibone for
the murder OF Ex-Governor Steunen-
berg, told the exact truth. attempting
to conceal nothing, Judge Fremont
Wood in the district court today rec
commended to the state board of par
dons 10 commute Orchards sentence OF
death to Imprisonment in the state PEN
itentiary.
The sentence OF death was an
nouneed I'm accordance with the plea OF
guilty entered Tuesday of last week by
Orchard when arraigned.
Judge Wood presided at both tho
Haywood and Pettibone 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 ~Steunenbero
TO the present, including the arrest OF
Orchard. Regarding the part taken by
Orchard In the trials OF Haywood and
Pettibone, the judge said:
Il am more han satisfied that the
defendant o at the bar OF this court
awaiting final sentence has not only
acted i'm good faith in making the dis
closures that he did, but he also testi-
fed fully and fairly to the whole truth.
Withholding nothing hat vas material.
declaring nothing which had not taken
place.
1T was the particular province Of the
court to observe and follow this wit
ness upon former trials. / am of the
opinion that no man living could con-
ceive the stories of crime told by tho
witness and maintain himself under
such a merciiess fire of the leading
cross-examination attorneys of the
cnYnfrN tTn1nra ttsMnt, thA thnrwxK fha< -
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-examination. A
man may be able to frame his story 10
testify to a brief statement OF facts in
volving a short single transaction. but
l cannot conceive a case where even
the greatest intellect can conceive a
story of crime covering years duration,
with constantly shifting scenes and
changing characters n maintain a
story with circumstantial detail as to
times, places, persons, particular cir
cumstances. and under as merciless
cross-examination as was ever given
a witness I'm an American court, niles
the witness thus testifying was speak
ing truthfully, without attempt either
to misrepresent or to conceal
Relieving as | do that the defend
ant acted In good faith and that when
called as a witness for the state he
told all and withheld nothing. ] can
more readily fulfill the duty | consider
the law imposes upo me.
Orchard Guilty.
In passing upon this question IL is
inmaterial that juries In two cases
tried have declared they were not
GafiSHa1 Of fha plItIt nf the dafQn1-
ants on trial. The statutes OF the
state impose a bar to conviction on tho
testimony of an accomplish 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
mission of crimes. And, again, in each
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 on trial was innocent, but rather
that his guilt had not been proved
beyond a reasonable doubt In the man
ner and form prescribed by law"
Recommends Clemency.
For these reasons it is at once ap-
parent that the verdict of the juries
referred TO are not necessarily at yari-
ance with the views expressed. / am
thoroughly satisfied under the facts In
this case that the court has a plain
duty to perform. and that the authori-
ties quoted leave no alternative in thu
Under these authorities the
must be recommended to the
clemency OF the p~ardoning board with
full assurance. 1t is not to be pre-
sumed that the equitable title to mercy
which the defendant has acquired by
testifying TO the truth will not be
accorded by the board in which
the power to pardon or to commute is
by the state constitution.
The recommendation of the court
to the pardon board Is that the sentence
of the 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
Orchard vas the only person out OF a
thousand men involved In the crimes
of arson and murder in 1899. which cul-
minated In the blowing OF the Bunker
Will and Sullivan Contractor, who had
and fully disclosed these
the state was under some obli-
TO withhold his execution.
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
md 1t was granted. He thanked the
court for the review Of the case and for
the kindly remark in regard to him.
He repeated he had old the whole
ruth; that no promise of mercy or i'm
ever had been made to him. Be-
fore he had concluded the tears were
streaming from his eyes. He all but
oroked down as he thanked the Judge for
the recommendation to the board OF