The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1908-03-14

penitentiaty Tuesday for The purpose
of fxins.a date for his tfial. The
prisoner Was in charge of Warden
Whitney Ind one guard. The party
came dewn on the Interurban, arriT
ing about<9 a. M; they Immediately
proceeded. to the Court Hn.use. Judge |
Wood as2 came in on the same bar
and opeaa court and instructed rhe-t
clerk tt fead the criminal docket.
The first dase called was The State VS.
Harry Orchard, charged with MUIR
der. VIXEN the risoner was asked to
stand uhFhe manifested mo anxiety
other than that he was paAer than on
former OCCASIONS when in court. The
following were the proceedings as
taken bysthe court reportsr:
CaldwsF, Idaho. MarcH 10, 1908.
vi !
Harry Orchard. 8
By Jutse wood-The fist case on
the calendar is the case 81 the State
Of Idahs rs. Harry orchaM; are you
ready tdproceed? 8 -.
BY Nj. Van Duyn-W are psaez
tically ready your honor.H
By Judge Woods ting defendsn.
: in the Spurt-room? I -
By M .wyman-No, 81, he is ny.
in the coGrt-room. ! Z,
The defendant is brought into the
court-rosa. I
By Jhage wood-whas action do
you prdhose to take in tsis case OF
the State of Idaho VS.. Harry Or
chard? q, 4
BY ME.Wyman-M u please the
Court al former term oS this court
the Defendant was arraigSed and be-
ing asked.what plea he hid to maks
to the iIaNctment stood nNte. YOU
honor, aatfng in accordance with the
statute Afdered the clerk;to enter {
plea of DIT guilty. For ressons whlel
are UNNECESSARY that 1 should STAT
at this time in full, thsS defendan
desires TIT that lea be set aside ant
withdraM and that he be- permitted
to re-ester his plea and i therefor
move tfst the former biea be Sc
aside. :. 2
BY juice Wood-You have hear
the appAsStion of your attorney, Nj
Orchard edo you desire Y withdra'
the pleas,tha you haves heretofor
entered9,, 5
By Deendant-I do, yoar honor.
By Iadge wood-Yofs attorne
has fulNexplained the lay to yoa1a
that yods think you undsrstand tn
consequences of the withdrawal
'n1 BY p plssbdant-r do. yqit j honor.
By hdge Woodland upon tt
withdrawal of that plea VI gu desire
plead aaew? T
By DSsndant-Yes. siE do. =
By JAage wood-Undsr the CT
cumsta khes, gentlemen. nsyiew of Il
fact th&s this defendan& has twi
testified. in the courts of ida coun
in othersases growing gut of tn
transactde1 for which heSMas indie
ed in tHsgcase, and belieefng that
thoroly Understands the effect Oft oft
withdrawal of his plea, And on+t
own motan, as stated bR his cou
sci, the ert will permit ] him towit
draw hts.plea and an orr fer may .
made aaeerdingly. Mr.. cleyk. pern
ting the defendant to withdraw q
plea hefssofore entered " dired
of the Cit. 6
Do "a iesire at this II be to pie
to the mJictment? 3
By Defendant do, your honor
BY Judge wood-whSt is ye
plea, MRprchard, to thessndictm'
upon Ylhdsh you have besh arrai
edY &
BY Dstendant-My p& will
guilty, YOUR honor. z -
BY Judge wood-The Eindictni.
Mr.. orssserd, charges yo9.with M
der in D. first degree, also Muir
in the ssebnd degree. and Nansiass
ter. 11presume, Mr.. County Att
noy, thasAnless you desitf to acc
the plessaf guilty of muSder in
second @Eree it would y necess
that thea lea should be sHilty in
first desree as charged inEthe ind
ment, II Saother words, bSth deg
are chat ped in the indictIaent. I
your client understand thSt, Mr.
man? :
BY NJ. 'wyman-Yes, Rour no
BY JHsge Wood-If bat is
case thsEonly plea thatstbis c.
can acssN is murder in ihe trst
gree discharged in the and'ctm