Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-03-26
Why Orchards Life Was Saved.

Why Orchards Life Was Saved.
The case of Harry Orchard is attract
ing wide attention throughout the coun-
try and the action of Judge Wood in
recommending mercy for this self-con-
fessed murderer of many persons has
been much commented upon. In pass
ing sentence upon the prisoner and i'll
making this recommendation for q
communication Of the sentence Judge
Wood said some important things
which We're not reported in the first
ward. The more complete reports in
clude his reasons why he believes that
Orchards story was a true one and in
view of the great interest aroused by
the Hayward and Pettibone cases
these reasons are worth a careful real
ing. Judge Wood, it will be remem-
bercd, is q native OF Maine, and his at
titude in presiding over these trials
gained him praise from all sides for
the fairness and dignity with which he
performed that difficult duty. Said
Judge Wood:
1T WAS the particular province Of
the court to observe and follow this
witness upon. the former trials. and |
am of the opinion that no man living
could conceive the stories of crime told
by the witness and maintain himself
under the mcrcileSS fire of the leading
| crosS-cX&mnaticn attorneys of the
| country, unless upon the theory that he
| was tcStifying to facts and Circunt-
stances which had an actual existence
| within his own experience. A child
| can testify truly and maintain itself
on cross examination. A man may hC
| able to frame his story and testify t.
a brief statement of facts involving d
short. single transaction. But | can
| not conceive of Il case where even tbs
greatest intellect can conceive story
Of crime covering years Of duration
With constantly shifting scenes and
changing characters, and maintain thai
! story with crcumstantial detail as t,
times. places, persons and particular
| circumstances. and under as nercilpss
| IL NloNN-t NsilillIidlloll rs Was ever SlNe1
a witness in an American court, unles.
the witness thus testiiying was speak.
ing truthfully and without any at
tempt either to misrepresent or con.
ceal."
1t may be asked why this straight
story did not result in the conviction
of Hay ward and Pettibone. The ans
wer is that the Idaho statute imposes
a bar to conviction on the testimony
of an accomplice alone. no matter i
he is believed by the jury, unless there
IS other Independent evidence tendin$
to connect the defendant on trial will
the commission of the crimes. In re
gard to this point Judge Wood sal
further
| And again. in each Of the case
tried, the court, at the written reques
| of each Of the defendants, inStructe,
| the jury that a verdict OF not guilty die
not mean that the defendant on tria
| was innocent, but rather that his gull
had not been proven beyond a reason
able doubt in the manner and form pre-
scribed by law
Judge Woods main motive in urging
that the sentence of death. which va
required from him under the Idaho law
should he committed in this case by TIL
state board of pardons to imprsoil
ment. was not sympathy with Orchard
but a belief that this corroborative iii
dependent evidence" will finally b
found. "A series of atrocious crime
have been committed in this and othe
states he said, land the confession
and testimony of this witness is tn
first direct evidence which has been Sc
cured fixing responsibility for consid
cradle number CT said crimes" Fur
thermore. as Judge Wood went on t
say