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Show m HIS LIFE passing Death Sentence, vJoe Mood Urges Action by Pardon Board. LjhS STATE UNDER OBLIGATION TO MURDERER " iSW iflai'ps His Firm Belief That : Withe Stun Told by Orchard All True. i"wCALPV. T.LL Maim. March IS. -"'jjtins thai be 11 toves that. Harrv jKjjurd, in his testimony in the (rials 'M William r. Haywood and Koorgo ;:Bttibor,e for in of ex-liov- .JLor Fr.-ni.. St :nl :i 1:. told 1 ho -n-mj truth, attempt inp o com I imi h Jtdco I remout Wood, in t ho dis-' dis-' P '"',r ;' ('al'hvtll. todav reeom-Mldcfl reeom-Mldcfl th:l the Stat-- bo.-,rn :' par-commitle par-commitle Orchard s sent noe ..f i':Mjth ;, mprisonmnnt in t h State "tni'-" "v- ' '"' "i-1"''1"''' 01 death WL pronounced in ru-ooi . Iriii-v with the feEl of trin n v em-Ted hv On-hard Tucs-iV Tucs-iV oi l.-l week, when arraign, -i. aiSggc Wood I' d at h"th the llay- SrHn sentencing Orchard and reeom-HtKpihng reeom-HtKpihng tho commutation of his sen- l-M-c .Tin:-'.- Wn.nl ir viewed I ii" cise Hjp the time of the killing of Frank iBfriDPiiK. ' 1 tin- present, including '"mk arrest ot Orchard, his contVssiun. "K arrest of charUs If. Mow.r, pro?i-v'Wmt pro?i-v'Wmt 0f .... V, st, n I'cdcratii n of Mi- '1n; William P. Hawnod. secretary- aflagur'r of l h r- I'ederat " "ri''' fM, Pettibono; the triajv uf Haywood MM Pottihou'-. and Iho pica of guilt.v JJHered b Orchard charge Brler in Iho first degree, the punish fc for which, under tho Idaho stat-H stat-H 15 death. Basis of Clemency. a regard to tbo part of Orchard in ftrial?, Judge Wood said: Itlic ruio upon the equitable right Hhf recommendation for partial or pletc immunity depends is based In tin- assumption that (he accomplice B UScil as a witness has acted iu Mfuith ,iud testified, fairly and fully, the whole truth so far as it relates ! Iheioiire transaction, involving both Self and his accomplices or CO-de-pan's. I am more than satisfied that Befendant now :-t the bar of this -gwailing final sentence has not BTactcd in good faith in making tbo Rosuros That ho did but that he also Itified fully and fairly lo the ivbnlo Bh, withholding "othiuq that was ma-pal. ma-pal. and declaring nothing which bad I actually ( aken plaoe. Duri uu" the two trials to which I we wforred the je-t mnmy or' the de-Want de-Want covered : long s. noi of trans lions, invoh ing personal relations bc-fen bc-fen himself and many others. In tho ft trial he was snjb.ieef.cl to tho most tieai cm?: examination hv vryy abb? Hjnn I for at least siv days, and T do now roeall 1h;it a I auy point he con-idirlf-d himself m any material mat libnt on the ctlirr Ii ri ti I disclosed his SpncctiDii with the ,iinmsion of titan; Iter '-rimes I ha' wore probably not pawn to the rulornov fur the state, t least not l.irought out bv them .in direct examination n! the witness, pen the second trial referred to the Jnc testimony whh riven, a most rhor "fcft arid r. .r i-xaminat ion of 'Wn witness followerl, and in no particu-,ftiwas particu-,ftiwas there an discrepanc- in a ina-fitl ina-fitl matter b-tweeii the estim..in-"' estim..in-"' ' VC1 upon the biiti-r Mial as compared iBb the lent int.. ii" given b- the same BSS on the former trial. 8tood by His Story. fiir'lt was the particular province of v ! foiirt to obsorve mid follow this wit ss upon the former trials, and I am B the nmnioii t ha- no n. in li ving cmld ,mttev the J witm-ss and maintain himself un L'W1 c uu-r.-iu-s tir. of tin leading jtfJBH-vxa m i lia i o n ;.itrn jBttllless upon tho tln.-orv thai In- wns KBltlfyiTT to facts iP-ii-m-tanee lli bud mi actual exi-.teiice within L M own '-xp'-ri.-n -. 'WArhihi crm t.-r.tify truly r i . 1 main-jtjK main-jtjK itself on cum exam'inat ion. A may bp nlde to frame hi. storv nd !W"fv to a hriff ..1,-ineut. of facts ;'mV c n "' :"'r" ' In"'" Transaction. P I cgTinoi conceive of a ease where lBpn tin- great est intelbct ,-an conceive ! tor.v ,Jf crimi eo-. eriug vears of '.lMgt'P. with constantly 'shifting ;:; Ja"n an.! i-hanging characters and i:-DUtn thrr K -, ; will- elrcuinst.anl lal Wail bs to tim.--?., places, p. r?-.n and 1 jE. r circumstances, and under as MlBte ;i rT"- 'lamination a-, was ''Mtr P1''?5 a witness in an me neat) ' 'C 'lTJ "" " wlincis thus 1estif-&jm 1estif-&jm was speaking trull full- r,r,d witb I'V,' attempt, either , misr. preseut .JyCPa.L nelieving as I do that rh.s Kp '"i :."'-f'! r 1 ; 'b. nd that !fBina,1,Vl :i" :' vi,!"-; for the state,. ' Kr T 1 :ln'1 wbh.dd not lung. 1 e ,n JKJJ??J" T,W flnll fa- dutv that "J impos'-s upon me. oW'M Status of Accomplice. SiiMj5.?yt"..g "Po this (lucstion it is r,h:,t luri"- 1,1 t' cases ?fKonv ;- ' ' ': "! "" the tr- uile V:;' ,n:''v b.d-vd bv the TMtST xY"r 11 1 her and indepond Bcriinoi tr' ;Vlth ,ho '""mi.s.on of ,,A"" aKf'i,K i:' "f the K . V" '".url ;,t written re tv li .'"j1"-' thal a verdict of n-.t iPoV , the defend- ..l his , . Y bu rath, r Wflm t""1, ' ' "1,,ht ' Tunnn.-r Ri ::r!h"'1 h I J-r these Wirt , 1 0-uot' r-l'arent that the r ' I am thoroughly tsat- t-W Cr,ntl"u''d eago l-aght. COURT MAKES PLEA FOR ORCHARD'S LIFE Continued from Pago One isficd that under tho facts in this case the court has a plain duty to perform, and that tho authorities quoted lcavo no alternative in the matter, and under un-der these authorities (he defendant must bo recommended to the clemency of tho pardoning board with the full assurance assur-ance that it is not to be presumed that tho equitable title to mercy which the defendant has acquired by testifying to the truth, will not bo sacrodly accorded ac-corded to him by tho board in which power to pardon or commute is vested by tho state constitution. Tho law imposes im-poses the obligation upon this court to make tho recommendation for clemency, and tho statement has been mado in : tho authorities clted that such application applica-tion or recommendation has never been ignored by tho power to which it was addressed. Tho rocomuiendation of tho court; to tho pardon board is that the sentence of tho court about to bo imposed im-posed upon this defendant be commuted and that the death penalty be remitted. May Traco Other Crimes. "Aside from reasons already given for tho recommendation as above made thero is another reason in my opinion which should appeal strongly to tho court and to tho pardoning board for remitting tin? death penalty against defendant. de-fendant. For several years a series of atrocious crimes havo boen committed in this and other states, and the confession con-fession and testimony of this -witness is tho first direct evidence which has been secured fixing responsibility for a conaiderablc number of said crimes. Tho testimony in tho two cases tried revealed re-vealed tho fact that this defendant, as an accomplice, participated in tho crimo of arson and murder in 1890 which involved in-volved tho blowing up of the Bunker Hill and Sullivan concentrator and tho death of two men. Whilo approximately approximate-ly 1000 men participated in that monstrous mon-strous crime and the sheriff of tho county in which it was committed was present, only one man was identified and punished therefore in tho state courts. This defendant upon the trials referred to, admitted his own connection connec-tion with and participation therein, giving giv-ing tho names of several others who were prime movers in the transaction. In this respect he was corroborated by one Dewo3-, who at the time was a miner mi-ner in the Coeur d'Alenes, and now a resident of tho Cripple Creek mining district in Colorado. Theso are the only two men of tho largo number com-erncd who havo had the courage or disposition disposi-tion to disclose tho truth with reference refer-ence to tho crimes then committed. Obligation to Dofendant. "This dofendant also testified to a long scries of most atrocious crimes committed by himself and others in l ho state of Colorado and lie was corroborated corrobo-rated in such details in relation thereto that thero can be no doubt about his participation therein. Whilo these offenses of-fenses were committed in the stato of Colorado, this state, I think, under the circumstances is under some obligation to withhold execution of the only person per-son who bus voluntarily and freely disclosed dis-closed theso transactions. "It is impossible to believe that such a scries of crimes can bo committed with many persons connectod therewith without one or moro of said parties sooner or later yielding to iho remorse of conscience and joining this defendant defend-ant in confirmation of the disclosures which ho has already made. It is true that one accomplice can not corroborate corrobo-rate another accomplice in the commission commis-sion of tho samo crime, thcrclvy satis-f3'ing satis-f3'ing tho requirements of the statuto requiring independent corroborative ovideucc; but it is apparent to tho court from tho testimony produced upon tho trials in Ada count' that there . aro witnesses who are not accomplices ac-complices who can corroborate to a great- extent the testimony of theso witnesses and whose tcstimonv inav yet be secured. Therefore', if this defendant de-fendant is "ranted the partial immunity immun-ity above recommended: again, under tho circumstances involving the do- fondant, no good purpose can be advanced ad-vanced by his execution, and there can be no demand therefor except from those persona who stand charged by his voluntary confession with grave crimes or bv tho defenders and apologists apolo-gists of such persons. Execution Not Justified. "If there wcro no moral obligation on tho part of tho Btate to grant the partial immunity recommended, J would still say that thore could bo no good reason in this case for indict ing the oxtremc penalty while so manv crimes havo been disclosed that are yet unpunished." 7udgn Wood, after reading his ruling, rul-ing, ionually sentenced Orchard and fixed May 15 as the dato for tho execution. exe-cution. Orchard asked permission to speak and it was gr.-intcd. lie thanked tho court for tho roview of tho case given and for tho kindly remarks in regard to him. He repealed that he had told tho wholo truth and that no promise prom-ise of immunity or of mercy had over boon mado to him. Before lio had concluded con-cluded tears wcro streaming from his eves and he all but broke down as he again in broken voice thankod Judge "Wood for his recommendation to the board of pardons. ' After tho court proceedings at Caldwell Cald-well Orchard was brought buck tn Boiso, oib intcrurban car, arriving at 1 o'clock, lie was driven from the station to tho penitentiary. Tho board of pardons meets April 3. In .ludgo Woods '8 ruling, ho laid spfoial stress on the crimes in Idaho and plainly intimated that the end of prosecutions of thoso believed to have perpetrated them had not come. In this connection, he said: "Judges and oxmttives may bo put out of the way by iho hands of assassin, as-sassin, but there will be others to lake their places, just as ready and just as determined to perform their duties as their predecessors Avore, and backed by a public opinion that will ferret out and discover rho author of every such crime and bring him to punishment." |