The Idaho Springs siftings-news., 1908-03-21
HARRY ORCHARD SENTENCED
Judge Believes His Testimony ard
Recommends Ciemencv.

lieved that Harry Orchard. in his tcsri-
mony In the trials Of William ID. iiav-
wood and George \. Pettibone for the
murder Of ex-Goy. Frank Steunenbarg
told the exact truth. attempting TO con
ceal nothing, Judge Fremont Wood ia
the District Court Wednesday recon
mended that the State Board OF Par
dons commute Orchards S sentenct "a
death TO Imprisonment in the STATE
Penitentiary.
Judge Wood closed his remarkaNiy
statement by saying that the pros"cu-
tions were not ended and that even It
governors. judges and prosecutors w"te
murdered. others would take their
places and mete out justice to The
guilty
The sentence OF death was pro-
nounced in accordance with the plea
OF guilty entered by Orchard TUESDAY
OF last week. when arraigned. Juage
Wood presided at both the Hayw
and Pettibone trials.
Orchard thanked the judge for his
kind words, declared anew that he had
not been promised immunity and burst
into tears.
In sentencing Orchard and recon
mending the commutation of his s.n
tence. Judge Wood reviewed the case
from the time OF the killing of Fraak
Steunenberg TO the present, includius
the arrest OF Orchard. his confess 1H
the arrest Of Charles f. Meyer. presi
Of Ia Eni t1f
Miners William D. Haywood, seer
tary-treasurer of the federation. and
George A Pettibone. the trials OF IFty
wood and Pettibone and the plea nj
guilty entered by Orchard to the char
OF murder in the first degree. the pun
ishment for which, under the Idah1
statutes. is death.
In regard TO the part of Orchard IN
the trials, Judge Wood said:
Il am more than satisfied that the
defendant now at the bar OF his
court awaiting final sentence has net
only acted in good faith in making H"
disclosures that he did. but that b"
also testified fully and fairly to fin"
whole truth. Withholding nothing thai
was material. and declaring nothn@
which had not actually taken place.
1T was the particular province OF tho
court 10 observe and follow this wiz
ness upon the former trials, and ! am
Of the opinion that no man living could
conceive the stories Of crime told hF
the witness and maintain himself uH-
der the merciless fire of the leaDlu2
cross examination attorneys of 'H#
country. unless upon the theory r.'
he was testifying to facts and Giro rU
stances which had an actual EXIST r.,.
within his own experiences. A c.s
can testify truly and maintain it,
on cross -eXamina ton \ man may #
able to frame his story and testfy ,a
a brief statement of facts involvin-
short single transaction.
But | cannot conceive of a Ca=r
where even the greatest intellect can
conceive a story of crime GOVERNS
years of duration. with consian, y
shifting scenes and changing charac-
tiers. and maintain that story with cir
cumstantial detail as TO times places
persons and particular circums Ences.
and under as merciless a eros eNam-
ination as was ever given witness in
an American court, unless th' witness
thus testifying was speaking l.Drhfully
and without any attempt eithvI tJ mis-
represent or conceal.
The recommendation of the court to
the pardon board is that the ssn'e ence
of the court about to be imposed upon
this defendant be commuted and thai
the death penalty be RENTED
Judge Wood referred to the crimes of
arson and murder in 1899 which cut-
minated in the blowing up of the
Bunker Hill and Sullivan concentrator
and the death of two men ami 70 the
fact that although 1000 men were in
-,I,- 1,- i
and punished thereafter in the state
courts.
Orchard and Dewey, who at the
time was miner in the Coeur
dAlenes. are the only two men Of the
large number concerned" said Judge
Wood. who have had the courage OF
disposition to disclose the truth with
reference to the crimes then com
mitted
This defendant" continued Judge
Wood. also testified to long series
of most atrocious crimes committed
by himself and others in the state OF
Colorado. and he was corrobOrated in
such details in relation thereto that
there can be no doubt about his par
ticipation therein.
While these offenses were commit
ted in the state of Colorado. this state,
] think, under the circumstances. is
under some obligation to withhold the
execution of the only person who has
voluntarily and freely disclosed these
transactions.
1T is impossible to believe that
such series of crimes can be com
mitted. with many persons connected
herewith, without one or more of said
parties sooner or later yielding to the
nf e,fz 1T
defendant in confirmation of the dis
closures which he has already made"
To Advertise LeadvilIe.
I<eadyille Colo-The eadvi11a r;ti