The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1908-03-21
HARRY ORCHARD PLEADS
GUILTY TO THE MURDER
Sentenced To Be Hanged Until Dead
Judge WOODS RECOMMENDS PRISONER TO MERCY OF PARDON
BOARD. ORCHARD DOES NOT Want C0MMUTATI0N OF DEATH
SENTENCES WILLING TO PAY PENALTY.

NG To PAY PENALTY.
is not Orchards desire to have a
communication of sentence-that he
prefers to pay the penalty of his
crime on the scaffold, altho it is un-
derstood that petition will be cir
culated in his behalf and if so it
will be numerously signed even by
some fthe near relatives of Ex-
governor Steunenberg.
Judge Woods Opinion
Since permitting the defendant in |
this case to withdraw the plea of not |
guilty and to enter the plea Of guilty |
as charged in the Indictment, l have |
of my own motion investigated the
law and the authorities for the pur-
pose of determining what, If any, le-
gal or moral obligations the State
owed to the defendant in this case
on account of the course which he
has taken, not only in disclosing his
own crimes, but at the same time
making a full disclosure of his as
sociates therein.
Briefly stated the record is as fol-
lows: the defendant in this case was
indicted by the grand jury of Canyon
County of the crime of murder in the
first degree committed December 80,
1905, by killing ex-governor Frank
Steunenberg by means of bomb
placed at the gate of said Steunen-
berg, which was exploded by the
opening of the gate. The indictment
was returned on the 9th day of March
1906, and on the 18th day of March,
1906, the defendant was arraigned
upon the indictment, and when asked
for his plea stood mute, and under
the statute the Court directed a plea
of not guilty to be entered therein.
At the same term of court, and by
the same grand jury at which this
defendant was indicted, William D.
Haywood, Charles H. Meyer, George
A. Pettibone, and John L. Simpkins
were Jointly indicted for the same
crime, and shortly thereafter Hay
wood, Meyer and Pettibone were ar
rested, brought into court and ar
t raigned upon the indictment
, After a long series of delays over
, which the attorneys for the State had
no control, the cases of the last nam
ed defendants were ready for trial
' at the March term of this court,
! 1907; but they were subsequently
T transferred to the District Court of
. Ada County, where the trial against
Haywood was commenced on the 9th
s day of May, 1907, and concluded on
t the 2Sth day of July following. The
g trial of the case against Pettibone
| IN. h@ ,,r
on the 9th day of November, 1907
y and was concluded upon the 4th da!
r of January, 1908. Upon both of thes'
q trials the defendant, Orchard, wa
T called by the State and used as
witness in behalf of the State, ant
. against both of the defendants VIII,
s, were tried. In each of these case
d the trial resulted in a verdict of no
% guilty, and the defendants were &C
- cordingly discharged from custody.
The indictment upon which the de
u PENDANTS Haywood and Petition
j. were tried did not disclose the fac
e. that the defendant Orchard was tn
a real principal in the commission G
the crime. and when this defendan
70 was called as witness in thes
20 cases he was not admonished as
e, his right to refuse to testify. as tn
mr. Court assumed that he understoo
thoroly what he was doing, and &c
w the further reason that no suggestio
was made to the Court that the d,
m PENDANT should be advised of the fa'
,st that he was protected by constitution
al guaranty and not required to 81,
30 evidence which would in any way II
en- criminato himself.
IT 1t appeared, however, upon Il
ey trial of both of these cases that
to was the hand of this defendant TIL
10 placed the bomb which encompass
the death of Frank Steunenberg, al
lal that the other defendants were n
to present at the time; but 1t was char
ia ed and resolutely maintained by Il
a. witness that he committed the act
:. the instance and request of the d
'p- PENDANTS on trial, who furnished hi
ce, the necessary assistance and su
lis port while carrying out and effecti
his his purpose of assassination.
On account of the delays involvi
the trials above mentioned, this ca
vac upon the application of the prosecV
on ing attorney of this County, and wi
rhe the consent of the defendant and
the counsel, has been continued fro
- time to time, and when the case "
a,n called at the opening of the prese
the term the defendant, thru his att
the ney, asked leave of the Court to p
lid NIT the defendant to withdraw
~ plea of not guilty heretofore enter
" herein under the direction of
Court, and permit the defendant
t 1t plead anew to the indictment. 7