| Show TESTIMONY Of ORCHARD STANDS AlMOST AlONE Summing SUD Up of the Case of the State Against Aga Haywood by Associated Press it Defense Def Expected to Impeach the Evidence of the Murderer by I Scores of Witnesses Boise Ida June 22 The closing of ot th case casi of ot the U e state leaves the tho great battle battI against aint and for the tho life lIle of ot D Haywood In the tho midfield and from Crom now how forward the sides change the defenders tho aggressive the prosecutors fire Iro ro on tho defensive Tho The state will carry Its Us case on through an aggressive ag criss ct ss and then present testimony In hi rebuttal r but its main proposition and are already before the jury aa as asto ait In to t i ho the prime crime which is 1 the thene erie tie ne specifically charged against Hay Haywood Haywood Haywood wood 3 a state has hag ha made the following showing bowing Jack Simpkins member of the executive board hoard of the Western Federation ol qt Miners went to t Caldwell three month I dora Steinenberg was l lu Il iI traveled led under the assumed name ol o Simmons and aud lived lh d with Ith Orchard H He left Caldwell at the end of ot a weeks stay and later returned for a brief visit of or lesa than a day His presence and movements are by br independent witnesses and the registers of hotels where he stopped Money Sent to Simpkins r Y Haywood sent noo to Simpkins on Dej De Deja e eto a 21 to 1005 5 nine days before the murder cl f and an unsigned letter sent s nt from irom Denver Denyer on Dec 20 no 1905 and showing by uy Its address to Thomas Hogan that thai the writer knew the alias of Harry Or Orchard Orchard Orchard chard contained the statement that that had been sent to Jack on Dec 21 1905 1903 Orchard testified that Pettibone ne nO of codefendants wrote the letter Without making any an request legal aid was extended to Orchard within two days after alter his arrest through Attorney Fred Miller of or Spokane Letters in the Case Four letters were sent sont to Mrs Orchard the second at Cripple three by br Orchard and one by Haywood at nt various times in inand 1905 J and it is claimed that they the not only on I show how evidences of or a plan to conceal Orchard ard ards s whereabouts from his wife wire but were port part rt of a plan to make an alibi for him Orchard swore that Haywood was a 0 party to the plan and that to carry it out Paddy a member of oC the federation at ripple Creek undertook the delivery of or two letters he wrote at Denver and dated t San Francisco and that Marion darion a n of or the federation board carried the third letter he wrote to Nome Alaska and there posted it The letter which was produced with its envelope bore the postmark of Nome letter to Irs Mrs Orchard bore the date of or November 1905 at which time Orchard and Simpkins were at Caldwell and made the state statement statement statement ment that the last the writer had heard of Orchard he was in Alaska Rests on Orchards Word Aside from the word of Orchard Hay woods letter stands alone and there is nothing to show that he was not himself deceived or that t at he ho was only helping Orchard In the less lesa harmful act of decel deceiving ing Mrs rs Orchard Through Orchards letter runs the suggestion that the fed fedoration federation fedoration oration officials were keeping Mrs Irs Or 01 Orchard chard hard C supplied with funds but this too rests on Orchards word Haywood HaWood Pettibone and Orchard are arc located together on two or three occasions in Denver between the spring and fai fal of 1003 and Orchard lived at house as a guest during the month of Au August August gust I 1303 Articles from tho the Miners lIners Magazine and some testimony as to the Coeur dAlene dAleno strike of 1 J show animus toward Steu r on tho th port part of Haywood and other leaders of or the tho federation On the general conspiracy con set up u in al at allegation legation by the state the general show showing showIng showing ing has lm been as follows Orchards Testimony Alone Orchard has bas been traced through all of or orthe the more Important movements connect connected ed with the alleged attempt on the life T I c cr cor r Fred Bradley Bradle at San Francisco by In Independent dependent witnesses and his story of the poisoned milk haw has been carried down to the chemist who analyzed It if It has been shown that while was at San Francisco Pettibone using false names telegraphed money to him twice through the Postal Telegraph com coni company company pany and that a registered letter or package 1 e was sent to San Francisco from Denver D ner address under one of ot tho names used by Pettibone in sending one of the telegraphic remittances Other tuan tian by Orchards word it has not been be n shown that the Bradley Bradle explosion was wast t aused caused by a bomb Minor Details Confirmed The rhe casing of ot the Peabody Pea bod bomb has been produced and its history largely proved by b outside witnesses from the time it was made in Denver until it was dug out of or the ice In the Coeur dAlene lAlene river Miss Peabody confirm one detail of the story Orchard told of one of the attempts to shoot her father and Orchards story of his Journey to Canon t City Oty ity to kill former Governor Peabody is I given general confirmation by the evi en enee of William illiam Vaughn who was Or 01 Orchards hards C traveling companion Orchard went to Canon City ostensibly as an in insurance insurance aurance agent and the state has pro produced produced produced a letter of recommendation written to the insurance company for him by b Pet Pettibone II bone The discovery of or the Goddard bomb has been b en established but the earlier history of The bomb and all of or the plot centering around arund It rests on the testimony t of Or 01 Orchard hard chard Reason for animus against Jus Justices Justices Justices tices Goddard and Gabbert has been shown by bv decisions adverse to Moyer and the labor Interests In Colorado Orchards story of at the first descent into the flue Vindicator mine is corroborated by tv t eager ager whom Orchard encountered and attempted to kill Unsupported by Evidence Orchards testimony as to the Inde Independence station outrage and the murder of Detective Lyte Gregory Gregor stand practically practicallY cally eally alone His story as to the Vindicator outrage is in part supported by outside testimony The general circumstances that have hao claimed general attention are arc the showing f rat soon after the tho Vindicator explosion 1 Orchard joined d Moyer as a body guard find and accompanied him on a trip to south southern southern ern era Colorado and the fact that Orchard spent the month of August 1505 i as ag asa a truest guest of Pettibone at the home In Denver The chief corroboration of or Orchards testimony has b if as as to things he did and the time and manner of their doing and It If is contended by b the defense that aside alde from Ills his testimony t there is not a single Bingle piece of independent evidence against Haywood or any fact act that Inde Independently Independently connects Haywood with the crime charged or any other crime Counsel for Cor Haywood will not outline their defense until Monday morning but their course during particularly when they laid the tho foundation foundation foundation tion for their Impeachment of Orchard and the personality of ot many of the wit witnesses wl nesses they have haye summoned here make i their general course quite clear It is I manifest that they will endeavor to show that Orchard killed to be re revenged revenged for the tho loss of the Hercules mine mille and several witnesses will swear that they heard Orchard tell the Hercules tale talo and vow YOW that he would kill They will probably show also that Jack Simp kins was a prisoner In the bullpen where a negro thrust a bayonet into his chest circumstances that gave the two common cause against There will likely mely be a showing that all allor or of the financial relations of or Haywood and Simpkins came in the natural and regular course of or conducting the business affairs of or the federation In this connection as aswell aswell aswell well as to the grants of or money and food to Orchard and his wife and Steve Adams the books and records of or the federation I will probably be produced I Great Cloud of Witnesses Orchards testimony as ns to the alleged in intimacy Intimacy intimacy of himself and the federation lead ead leaders leaders ers and his story stor of the events at Crip Cripple pie pIc Creek extending from the first at attempt attempt attempt tempt at the Vindicator down to the de dc destruction destruction of the Independence station will probably be bp directly by practically practically all the men named by him Many Man Manof of them are now here and und they are ex ox expected expected to take the stand stan and swear that he perjured himself hims r There will also be bea bea a general showing that the movements acts and attitudes of Haywood Moyer and J Pettibone during lOOt DOt and DOS 1905 were largely largel at variance and strongly incon inconsistent Inconsistent inconsistent with the recital of Orchard The Bradley BradlfY story will be subjected to tu severe severo attack and in this connection tin till I discrediting testimony of Bradley himself will be used There exists a strong show showing sho ing that Bradleys house was blown up lP by a gas explosion and not by b a bomb and this will vill be used to all possible ad advantage vantage Marion Marlon Moore Will Testify Orchards story about the letters con connected with the alleged plan to deceive his wife wile will wilt In all probability be directly and generally discredited There may be a showing that Orchard dl dlo go o to Alaska Marion Marlon Moore will wili be a wit witness witness witness ness for the defense and It is understood that he will directly deny that he carried Orchards letter to Alaska The legal aid extended to Orchard will be explained by bya b ba a general showing that it has ever been the custom of ot the federation to provide counsel for its members It Is expected that Haywood Ha wood will go to the stand and that there will also be a strong showing as to his character The defense has upward of witnesses and it itis itIs itis is estimated that it will take from three weeks to a month to resent all of or Its Ib testimony |
