Show ORCHARD BY BYED I EO ED BOYCE E 0 ON THE HE STAND STANO Former President of the Federation Identified the Miners Magazine as the Official Organ I Defense Paved the Way for Impeachment of the Testimony of S the Actual Murderer of 1 oJ El EI Paso Tex T ex June 18 t is reported here that Bill Ackerman who was mentioned by Harry Orchard in his tes testimony in the Haywood trial at Boise has been in Ciudad Juarez Mexico opposite this city for two weeks James Kirwan acting secretary of the Western Federation of Miners has been advised to this effect and has an agent here trying to locate Ackerman and induce him to go to Jo Boise as a witness for the defense Boise Ida June Juno 19 The prosecution In the murder murd r trial of offered offend offered fend one of its Ith most important pieces piece cf Tf evidence against IX D Hay HaJo Haywood wood today toay when recalling Harry Or 01 Orchard hard chard for redirect examination it intro ed and secured cured the admission of fl flu letters Ic rs tending lending to show that TIny Hay HayM I Iod M 1 od jod during the fall fal of 1905 when Or Orchard hard chard swears he was engaged on vari various van vanous ari arious ous crimes for the Federation leaders Jia ha a J participated in a plan Ian to deceive dt Mr Mrs 1 rs Orchard the second seton of or o Cripple Creek as to the of her husband Over a variety of or protests from the defense Orchard was allowed to testify t that early in the summer of 1905 Hay lIs r wood told him that Mrs Ira Orchard was writing him for information as to tn Or 01 Ort t lards hards whereabouts Orchard swore that he proposed that he should write his Ws wife a i series of letters letter that were to tl be b falsely dated and delivered to Mrs Ir by agents of the Feder Federation atlon He said that he hI first wrote two let et letters letters which ho lie dated at San Francisco and had them delivered through Paddy Padd who represented the Feder Federation Federation atlon at Cripple Crippo Creek Orchard iden identified Identified tilled the th two letters l and overruling all objections of the defense Judge Wood admitted a them 1 One Letter Posted at Nome Next Orchard swore that he wrote rot a third letter purporting to come from Nome Nonie omeo Alaska and that under the th general arrangement t that he had made with Ith the Federation Marion 1 Moore carried the letter to Nome Noine vIere v 11 here erl he went as organizer of or the Fed Federation ration and aud posted it This letter bear bearing mg ing the th date of Nome Aug 5 1903 was Induced ed identified and admitted In Inc c then identified a letter which Haywood wrote to Mrs Irs Orchard and that too TV was as admitted in evidence and to the jury jur It was as follows fo lows Denver Nov Nor No IS 18 1903 Mrs Ira H Or Ori Jr i hard Dear Madame and Sister I have not heard a word since I saw aw 5 you The Tw last ast information I got was from fromAl Alaska Al I think Fairfield was ws the name of the place I see that awful conditions prevail among the law and order clement element Yours Tours very Yen truly trul WILLIAM WILLIA I D HAYWOOD The Th three letters written by Orchard were pre ere commonplace and contained tally tall ally nothing bearing on the case ir Orchards testimony except references lo to the arrangement which Orchard says say sa he made with the Federation for the of ot his wife while I Ip 11 s care he p absent Stuck to His tory story The Th defense attacked the letters and Orchards story about them when it got a chance to the wit witness witness witness ness but Orchard held to the story stor he told about them then The witness success successively successIvely successIvely ively denied that he had made an ar arrangement arrangement arrangement for Jor the delivery deliver of the let letters lettErS to Pinkerton agents that the let letters had only made their appearance appearanceS S he left the stand last week or orS S tl at he had invented the story stor because 1 ls I s wife had letter in leer her possession pOSsE He swore positively that Haywood had agreed to write the Alaska letter and that Pettibone and Mayer Moyer knew of the arrangement It was t day da of correspondence and ard evidence Besides the f fur ur San letters the ate secured the admission of a ertl 1 I fed ed copy opy of the theo unsigned letter Which which Orchard thard got at Caldwell aldwell jail and ald Orchard swears was in the he 1 DEFENSE LAYING FOUNDATION FOR THE IMPEACHMENT OF ORCHARDS TESTIMONY TEST MONY I A i the th members of tie tic tJ Hawood IIa wood r f i Tilly were in the seats scats near the pris prist t rH when the case against William Villiam D Haywood was resumed at a m in morning in the Ada county count dis triet court ourt During the intermission pin e the adjournment on Saturday a large number of witnesses have arrived In Boise The court room was only ony about bout half filled however at the time court ourt opened J r T Nichols who was deputy sheriff ft Cf Canyon Canon county count and in charge harge of the Jail at C at the time of c Or 01 Orchards hards arrest after the murder of for Pr 1 r Governor was the F witness Orchard in his statement r 1 the stand said that while in the she jail at Caldwell Caidwell he received a letter L from Pettibone The origins of the ther r letter vas as destroyed ed by Orchard hut but Nichols made m de a copy of it b giving it to Orchard I Letter Produced The TIle copy ot the tetter itter vi z 1 i d dand and identified Iw by A section of the original WitS niso li 3 pro produced no 11 and identified cf The Thu leter lter af a I handwriting of The letter was vas as follows Alleged Pettibone Letter Dec 30 Friend Tom Your letter received That was sent to Jack Dee Dec Deen 21 n for you jou ou He should send scud it so that you ou to have it by b this Oils time thene Will hl not write any an more this time Write me as soon as you get sot to tu your new newfield newfield field fied The letter was po postmarked at Den Denver Denver ver on Dec Dee 30 O 0 the day lay that berg was killed and nd it is claimed bv Ii Y the state that the Jack was vas Simpkins and nd that the that ri n r erred to which Orchard swore he lie asked ask d Simpkins to secure for him when he was leaving Caldwell CaIdwell The state developed its contention I that as tending to show a conspiracy and knowledge of the crime rime Orchard was without any an re request request request quest from him furnished with counsel within a few days das after his ills arrest It first showed that Orchard after his arrest sent sent no communication from Caldwell jail and then produced and secured d the Ili admission of the original of the following telegram Telegram from Spokane Receivers number phone time filed 30 lt p 1 mf m nin paid charge chargo Robertson Miller Spokane Wash Vash Jan 3 1906 I To T Hogan care cafe care Sheriff Caldwell Caidwell Ida Attorney Fred Miller will start for Cal in the morning morn in M 59 Hyde Ihde block The defense examined Orchard on this subject and largely largel devoted itself to showing that the llie Western Yes tern Federa Federation Federation Federation tion of Miners liners always ahva s provided coun counsel sel el for its members wherever and whenever wh never they the got into trouble To combat the theory that Orchard killed d in revenge for his loss of a valuable interest in the Her Hercules Hercules Hercules cules mine the state on redirect exam examination examination examination obtained from Orchard a dec declaration declaration that he sold his interest in the Hercules In two years ears before the Strike and troops came The defense attempted to modify this by getting the witness s to admit that he had not sold his interest in the tho Hercules but had pledged it and could have luwe taken it back any an time tine up to his flight from north Idaho before the oncoming troops but Orchard adhered to the I statement that he had sold outright There was ivas wasa a long contest over OYer an un unsuccessful unsuccessful successful effort by the state to show that the confession of Steve Sten Adams had been voluntary It managed to bring out that Adams had once dis discussed discussed discussed cussed the matter reedy with Attorneys Attorneys nes Hawley and Borah Bomb but that was about as far as it got the court sus sustaining sustaining taming a series of objections from the defense At the opening of the morning ses sos session session sion slon the defense asked Orchard a series of impeaching questions They all ail dealt with conversations in which it was al alleged alleged a Orchard recited his private grudge against Frank and vowed that he would kill him if he hanged for it Orchard denied every eYer query both specifically and generally Ed Boyce once president of the Western estern Federation of Miners lIners and now one of the owners of the rich Her Hercules Hercules Hercules cules mine came after Orchard and was still on the stand when the court rose for the day da He was called to Identify the Miners Magazine as the lom I officials organ of the Federation and andt andI t I to pave the way wa for the use as evi evidence i iI I dence of a great groat number of articles from the magazine The defense was I given ghen articles for examination tonight i and the row over their admission will willI I come ome first thing tomorrow morning not read Th Tl in s sal Jl was as not signed Nichols testified that Fred a lawyer of Spokane had called upon Orchard shortly after ho hI was placed In Inthe Inthe the Ule Caldwell Jail Miller is now one of the attorneys for the defense of Hay Haywood Ha Hawood Haywood wood Nichols said that Orchard had hadnot hadnot not sent a telegram summoning Bumm Miller but he had received a telegram signed M 11 A of the copy telegram was pre pr and identified by the Nichols was as proceeding to tell of a con conversation with Miller when the defense raised objection after objection and amid after argument the testimony was ad admitted admitted admitted Nichols said that Miller hap had I told him that money sent pent to Orchard should be turned over to Miller as his attorney Nichols was allowed to go without any an and Harry Or Orchard Orchard Orchard chard was called Orchard Brought In InThe InThe InThe The notorious en on entered entered the court c urt room through the door Continued on on Page 2 S r S I ORCHARD BY 0 ED 10 BOYCE ON THE TIE STAND from Rage Pa e 1 gln t to ci ti t tlc judges s room His llis ap p n q created pone pane e of o the interest tho t W f CH his finn entry y inq court co rt rtH He Eq H camp c ip ir with brisk step and preceded and followed by deputies and gun gunmen men menE menE E F P Richardson at once commenced the It became evi evident dept dent that the defense proposed to bring bringa a number of witnesses to prove that Orchard had for tor years nursed a v ful spite against and had repeatedly repeated I made threats against him Do you know Max of ot Den Don Denser Dener Donver ser ver er asked Mr Richardson Yes sir Did you rou in June Juno or July of ot 1905 say sayto sa sato y to Max Malich you and he lie being alone that t at you OU were going to kill berg even if It you had to swing for it itro Wo ro sir fir s rI I never had haq any such sueh con conversation conversation Senator Borah asked if It he place the time closer than June or July 1905 No man can fix the th exact day lay of such Ruch an occurrence said Mr lIr Richard Richardson son somewhat hotly We Ve will wilt have Malich here re and he may fix ftc it for you jo Mit t t s I likely that he can canIve Rive give Ive you day of the conversa conversation conversation tion Denials by Murderer Did you ou say that r was wa a amean amean amean mean and that had It not been for you ou would been be n a millionaire because you had owned a sixteenth share of the Hercules mind and that St had driven you ou out of ot the state No Mo sir I never said any an such thing Orchard was very ver positive in his re replies replies replies plies and showed no hesitation Mr lr Richardson asked him If it he knew Lottie Day Da of Denver and at a meet meeting hug ing tn in hi a room at the Belmont hotel fold told her that he intended to kill Steu This also Orchard denied Orchard was asked if he had not made similar threats in the hearing and presence of Kid Waters Vaters of ot Crip Cripple Cripple pie Creek and others He was asked If he ho had not told Dr J S McGee for tor formerly formerly merly of Wallace that he was a spy and that he was going to get even with He positively de denied denied denied nied that he had A conversation with D C Coates formerly lieutenant gov governor of Colorado was repeated by Richardson In this Orchard is alleged to have i isaid said The more I see of my old partners In the Hercules the more bitter I feel They all are rich and I am ama a wander wandering wanderIng wandering ing pauper paUp r Ill get even with berg yet Orchard said quietly I never made any such statement either then or elsewhere ReDirect Re Direct Examination At this point the state took Orchard over for the J H Hawley asked as to t his Interest in tha the Hercules mine which he said he sold in March 1897 This was some seine sometime time prior to Jo the troubles in the Coeur when in 1899 Orchard was there and left the state after blowing up the concentrator at Wardner The copy of the letter identified earlier in inthe inthe inthe the morning by Deputy Sheriff Nichols was handed to Orchard and the con contents contents contents tents were identified by b him The let letter letter letter ter read In effect Dear Tom TomI I have received yours and have haie sent that to Jack I hope to hear from you as to your movements and that you ou will vIII be successful There was no signature Orchard said In his direct examina examination examination examination tion that the letter came from Petti Pettibone Pettibone Pettibone bone boneA A copy COP of ot a telegram from Spokane was Identified by b Orchard The tele telegram telegram telegram gram read rood Attorney Fred Miller will start for Caldwell in the morning M MOrchard I Orchard said he hud hid not made any arrangement with Miller but that In tn n October 1903 1905 SImpkins had told him that if he lie ever got Into any an trouble the firm in Spokane of which Miller was a member would bo be good men What did he mean by your our getting into any trouble asked Mr Ir Hawley I suppose he lie meant trouble over the killing kitting of You did not speak to Fred Miller about trouble of this kind when In Spokane No sir I only talked to him about suing the railroad for the loss of my trunk Letters to His Wife From this the state slate jumped to April 1906 1905 and asked what Haywood had said to him about writing to his wife Orchard was proceeding to tell telI of a aletter aletter aletter letter Haywood had written fItten to Mr Ir Orchard when the defense objected hot hotly hotly ly Ty on the ground that It was new evi evidence evidence dence Senator Borah argued that the defense had brought out in tho the cross croCs examination Ut ff Woo had lWi Hen eq dot of corr 1 with Wit l Or phard h IH there Here is any question of be beIng beIng being Ing proper the court will allow the state to reopen said Judge Wood lood very positively notwithstanding th the attempt on the part of Clarence Dar Darrow Darrow Darrow row to continue the argument Orchard said that an arrangement was made through Pettibone with Hay Haywood Ha Haw Haywood wood w od that Mrs Irs Orchard should be told that Orchard had gone to Alaska Or Orchard Orchard Orchard chard said that he wrote the letters letter just before leaving for Idaho to kill Orchard said one letter lette was so written in Denver and handed to Paddy Padd who was organizer organize for the Western Vestern Federation of Miners Miner at Cripple reek Creek Another letter was wa also given Orchard said to Marion Moore who took it to Nome Alaska aid mailed it there Marion Marlon Moore was wa an agent of the |