The Ordway new era., 1908-03-27
aAsav ORCHARD ssMrsmclo.
Judge Believes hIs Testimony snd
Recommends cismsney.

I
wood and George A. Petubono for the
murder OF ex Gov. Frank Steunenbcrg.
told the exact truth. attempting to con.
ceal nothing. Judge Fremont Wood. In
the District Court Wednesday recon-
mended that the State Board OF Par.
dons commute Orchards sentence to
death TO Imprisonment In the State
Penitentiary.
Judge Wood closed his remarkable
statement by saying that the prosecu-
tions were not ended and that even II
governors. judges and prosecutors were
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
O, guilty entered by Orchard Tuesday
O. las, week. when arraigned. Judge
Wood presided at both the Haywood
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 Communication OF his sen
,ence. Judge Wood reviewed the case
from the time OF the killing OF Frank
SteunenberE 10 the present. including
the arrest OF Orchard. his confession.
the arrest of Charles +. Meyer. presi-
dent OF the Western Federation OF
Miners. William ID. Haywood. secre-
Nd
George A Pettibone. the trials OF Hay
wood and Petiibone and the plea of
guilty entered by Orchard to the charge
Of murder in the first degree. the pun
ishment for which. under the Idaho
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 this
court awaiting final sentence has not
only acted in good faith in making the
disclosures that he did. but that he
also testified fully and fairly TO the
whole truth. withholding nothing that
VAS material. and declaring nothing
which had not actually taken place.
1t was the particular province OF the
court 10 observe and follow this Wit.
ness upon the former trials. and l am
81 The opinion that no man living could
conceiv. the stories OF crime told by
the witness and maintain himself un-
der the merciless fire OF the leading
orusseNAmination attorneys Of the
country. unless upon the theory that
he was testifying TO facts and circum-
stances which had an actual existence
within his own experiences. A child
can testify truly and maintain Itself
hx.
able TO frame his story and testify to
brief statement OF facts involving
short single transaction.
But ! cannot conceive OF case
where even the greatest intellect can
conceive a story OF crime covering
wears Of duration. with constantly
shifting scenes and changing charac-
'e7s, and maintain that story with cir
Cuusiantial detail as TO times. places,
persons and particular circumstances.
and under as merciless a cross-exam-
nation as was ever given a witness in
an American court. unless the witness
thus ,estItying was speaking truthfully
and without any attempt either to mis-
represent or conceal.
The recommendation of the court to
the pardon board is that the sentence
ot the court about 10 be imposed upon
this defendant be commuted and that
the death penalty be remitted
Judge Wood referred to the crimes OF
arson sSd murder in 1899 which cu,-
minated in the blowing up Of the
Bunker Hill and Sullivan concentrator
and the death OF two men and to the
fact that although 1000 men were in.
Folved only one man was identified
ana punished thereafter in the state
courts
orchard and Dewey. who at the
lime was a miner in the Coeur
AIenes. are the only two men OF the
Lhree number concerned" said Judge
Wood, who have had the courage or
disposition to disclose the truth with
reference TO the crimes then COM
nlifled.
his defendant" continued Judge
WOOD. also testified to a long series
OF most atrocious crimes committed
~ himself and others in the state of
colorado. and he was corroborated in
such details in relation thereto that
mere mere can be no doubt about his par
uctpation therein.
While these ofenses were commit.
,ed 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
oiuh'arily and freely disclosed these
transactions.
IL is impossible to believe that
such series Of crimes can be com.
, 'eu with many persons connected
eNith, without one or more Of said
, parties sooner or later Welding to the
sehiorse OF conscience and Joining this
ueiehdant In confirmation OF the dis.
CLOSURES which he has already made. !"
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