Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1908-03-20
Orchard Sentenced to Hang:
Mercy Recommended.

Harry Orchard Wednesday sentenced be hanged
May Immediately Judge Wood recommended that th
sentence be conmued in remarkable opinion winch Is here
Il am more than satisfied that the de endan the bar
this awaiting final sentence has not only acted in good
Ialth IN making the disclosures tt ne G o 'a ne al7 yes
tilted fully and fairly the whole TRUTH withholding nothing
that material and declaring nothing which had not actual
y taken place During the trials which have referred
the testimony the defendant covered long series
actions involving personal relations between himself and many
In the first trial he Subjected to the critical
crosAanuaon by very able counsel for at least six days, and
material but the other hand disclosed his
ncon with the of many other that
brought by them the direct examination OF the witness
Upon the second trial referred to the testimony
thorough and critical animation OF the wit
followed and in particular there any dis epancy
material paer between the testimony given upon the lat
ter trial. as compared with the testimony given o he same WI"
the former trial
follow this witness upon former trials and am OF the opinion
living could conceive the stories OF crime told by
the witness and maintain himself under the mercess fire OF the
leading attorneys the country, unless upon
theory that he testify ing facts and circumstances
which had actual existance within his experience
child can testify truly and maintain itself crossexamnaton
be able frame his story and testify falsely to
brief OF facts involving short and single transaction
and maintain himself crossexamnaton But cannot con-
of where the greatest intellect conceive
story OF crime covering years duration with constantly shift
ing and changing characters and maintain that story
with ercunana detail as to times places persons ana par
cuar circumstances and under merciess croexalna
ton given tness in an American court unless
the witness thus eslng was speaking truV3fuy ana without
attempt either TO misrepesen or conceal Believing as
as witness he told all and withheld nothing can
readily fulfill the duty that consider the law imposes
upon
ain passing upon this question is imma eria that ures in
tried have declared that they not satisfied OF
guilt defendants trial The OF the state inn
bar conviction of accompce alone matter
though may be believed 10y the jury, unless there is ohrand
independent evidence tending the defendant trial
with the commission of the crime
And again. each of the tried the the writ
ten request the Defendants instructed the jury that
verdict OF guilty did that She defendant trial
innocent rather that his guilt had been proven be-
reasonable doubt In the and form prescribed 10y
law For these apparent that the vedicts
ures referred necessarily variance with the
views here expressed
thoroughly satisfied that under the facts in this
the has plain duty perform and that the authorities
quoted leave alternative in the matter and under these ath
critics the defendant must be recommended the cemency OF
the pa3oung board with the fu suggested by
Lord Denman and repeated by the supreme of the United
States be presumed that The equitable tide
mercy which defendant has acquired 10y ttylng to the
truth will saeredv accorded him by the board in
which power pardon is vested by the state
stitaou The law imposes the Obligation upon this court
make the recommendations enencv and the has
been made the authorities cited that such application
recommendation been ignored by the power which
was addressed The recommendation OF the coart to the par
don board is that the Of the about be imposed
upon this defendant be conmued and that the death penalty
be RENTED"
The trial was held at Caldwell where Orchard plead guilty
his II ilvi