Show ORCHARD OCHA DE IV D ms WifE TOO I Dated Letters from Alaska to Her and Had friends M mail il Them in Nome When She Thought tie He HeV V Was liS There He HeW W Was S Planning the Murn der H WOOd b Let Mrs rd BOISE IDA TA JUNE 18 WITH 18 WITH HARRY ORCHARD RECALLED TO THE STAND FIRST TO BE FORMALLY FORMALLY FORMALLY FOR FOR- MALLY PREPARED BY THE DEFENSE DEFENSE DE DE- PENSE FOR IMPEACHMENT AND THEN TO BE EXAMINED EXAMINED EXAM EXAM- INED THE STATE PRODUCED THIS MORNING A NUMBER OF LETTERS WRITTEN BY THE WITNESS WIT WIS WITNESS NESS AND ONE BY THE PRISONER PRISON PRISON- ER ER HAYWOOD THE PURPOSE OF Or WHICH WAS TO SHOW SHAW THAT nEEN CONSPIRACY HAD A TO DECEIVE MRS ORCHARD OF CRIPPLE CREEK AS TO TO THE WHEREABOUTS OF I ORCHARD I ITHE IN INTHE INTHE THE SPI SPRING NG A AND D S 'S SUMMER Or OF 1905 THE DEFENSE V VIGOROUSLY PROTESTED AGAINST THE INTRODUCTION INTRO RUCTION OF THE MATTER MATTER ON ON RE RE- REDIRECT DIRECT EXAMINATION BUT THE COURT RULED THAT IF IT WAS IMPROPER IMPROPER IMPROPER IM IM- IM- IM PROPER ON REDIRECT HE WOULD PERMIT THE STATE TO REOPEN ITS EXAMINATION Orchard swore that Haywood said in inthe inthe in inthe the spring of 1906 that Mrs Orchard was repeatedly writing to him as to Orchards Orchard's Orchards Orchard's whereabouts and Orchard suggested that he hf write her a series of letters date them at San Francisco and have them delivered dpi through agents of the Western Federation of Miners iners Haywood to Mrs Orchard Two were thus written and the State producing them secured their admission si sion sion on Then one was written dated at Nome Alaska and given iven to Marion Marion i Moore then an organizer for the Western West West- ern Federation of Aimers Min rs to take to Alaska and mail The State produced the the- letter and over objections se secured urea its lad mission admission Next the State produced a letter written by Haywood himself to Mrs Orchard showing that the prisoner had knowledge of the Alaskan an story and this too was admitted in in evidence Orchard also testified that the r replies J lies of Mrs Irs Orchard were sent to him hint through h Haywood Hawood The impeaching questions propounded by bj the defense all indicated a purpose bv by the tue defense to that at various times Orchard threatened to kill Steu Steu- because of a dc desire delire ire to be he revenged revenged revenged re re- re- re for the loss of his interest in inthe inthe in inthe the Hercules mine mine Jailer a Witness All the members of the Haywood family were in in the seats near the prisoner prisoner pris- pris oner when the case against William D D. Haywood was was- resume resumed at 9 30 o'clock this m morning 1 in ill in th the Ada county Di District District Dis- Dis 5 court During the intermission since the adjournment Saturday a large number of witnesses have arrived in in Boise The courtroom was only about half filled at the time court opened J T T. Nichols who was deputy sheriff slier slier- iff lit of Canyon county and in in char charge of the jail ail at Caldwell at the tho time of Orchards Orchard's Orchards Orchard's Orchards Orchard's Or Or- chard's arrest after the murder of former former for for- mer mar Gov took the stand 4 Orchard tn in his statement on the stand said that while in in the nail jail at Caldwell he received a letter from from Pettibone The original of the letter was destroyed de de- de stroked by Orchard but Nichols made a copy of it before re giving it to Orchard The Tho copy of the letter was produced and identified by Nichols A section of the original en envelope ropO was also produced produced produced pro pro- and identified The lh letter w pas was s not r read ad The witness said that that it was wass not signed p 1 Nichols testified that Fred Miller a laver lawver of f Spokane had called upon Orchard shortly r af after er h he ha was placed in inthe inthe in inthe the Caldwell 1 jail ail Miller Iiller is is now nov one of the attorneys for foi the tho d defense of Haywood Nichols said that Orchard had har not sent A a. a tele telegram ram summoning lin Miller but that he had received a telegram tell tele gram signed M I. i Gun Men Keep Close A copy of the tele telegram rant was produced and identified by the witness Nichols was proceeding to tell of Ii a i conversation conversation conversa conversa- tion with Miller when the defense raised objection after o objection and af after after af- af I ter argument the testimony was admitted ad admitted ad admitted Nichols said that Miller filler had told tod him that money sent to Orchard I should be turned turnell over to 10 Miller l as his I attorney I Nichols was allowed to go o without any cross examination cross examination and Marry Harry Orchard Orchard Orchard Or Or- chard w was ts called I The Th notorious prisoner witness en en- j Conti Continuo Continued eel on n pa page e 6 y i tt R i r i S ORCHARD Continued from front page 1 the the courtroom through h the tho db door dooe leadin lending leading to tl e Judges Judge's room His Ilis appearance ap ap- ap- ap created none of the interest that his first entry into coUrt rt Ho He c camo me in with his customary brisk step and preceded and followed by oy deputies dep dep- and anti gun Kun men E. E F. F Richardson at once commenced ed the cross It became evi dent that dent that the defense proposed to brin brina bring a number of witnesses to prove that Orchard Ori Or Or- chard bad had for years nursed a ven vengeful spite a against and had ma made e threats a him Do Do you Jou know Max Malich of Denver Denver Den Den- ver ver verl asked aske Mr Richardson Yes sir Did Did you yon in Juno June or July of 1905 say to Max Malich you and aner lits he being alone that you were going to kill kilt even if you yon had bad to swing for itT iU No s 's sir air l' l I 1 never had bad any such con coit- Senator Borah Borab asked d if he be couldn't place lare the time closer than June or Jul July 1905 No nio No man can fix the exact day of ot such an occurrence said Mr Richard Richard- son Bon somewhat hotly We We will wilI have Max Malich here and he may majr fix it for you rOIl but it is is not likely lik that hA he can give you th the day of the the- conversation Did you say that was a amean amean mean and that thai had hadit it not been for you ou would have havA been a millionaire because you von bad had owned a sixteenth share of the Her Her- cules mine and that had driven you out of tIle the S No sir air I never said any such thing Orchard Vas was very positive in his replies re reo re- re plies pHe and showed no hesitation Mr Richardson asked him if he knew Lottie Day of Denver and meeting in a room at the Belmont hotel told her that he intended to kill This also Orchard denied Orchard d was asked if he be had not I made similar threats in tho the hearing I I and antl of Kid presence presence Wate Waters s of Crip Crip- I Creek and others He lIe was asked if he had not told Dr T J. S. S McGee formerly formerly for for- merly of Wallace that he was a spy and that he was going oin to get et oven even even with lIe He p positively denied that he had A conversation with D. D C. C Coates of Colorado was repeated b by Richardson I Redirect Ex Examination v vIn In this Orchard is alleged to have said The more morA I see of my old partners in the Hercules the more bitter I feel They all are arc rich and I am a wandering wander wander- ing inK pauper I Ill I'll 11 get et oven even with ber berg ye yet Orchard said quietly I never made any such statement either then thea or else else- where At this point the State took Orchard over for the redirect J. J H. H Hawley asked as to his interest interest interest inter inter- est in the Hercules mine which he said he sold in March 1897 1891 This was sometime sometime sometime some some- time prior to the tho troubles in tho the Coeur d when in 1899 1809 Orchard was there and left the State Stat after blowin blowing up tho the concentrator at Wardner Thet Tha copy of the tho letter identified earlier in the morning by Deputy Sheriff Sheri Nichols was handed to Orchard and the were identified by him hint The letter read in effect Dear Tom I I have received yours and have sent that to Jack I hope hop to hear from yon you as to your movements and that you will wall be successful There w was s no signature Orchard said in his direct examination examina I tion that tie the letter came from P bone Lawyers Lawyer's T Telegram legram A copy of ofa a telegram ram from was was- identified by Orchard The telegram telegram tele tel gram read Attorney Fred Miller will start for Caldwell in the morning morning- M M M. M Orchard said he ho ha had not made mado any arrangement with Miller but that in October J 1905 Simpkins had told him hint that if he ne se ever got ot into any trouble tha firm in Spokane of which Miller was a member would be a good ool one What did he mean by your getting ettin into any trouble asked Mr I Hawley I suppose h hI he meant trouble ov over ovar r the killing of or You Yon did not speak to Fred Miller about trouble rouble of this kind when in in Spokane Spokane Spokane kane No sir I I only talked to him about sum suin suing the railroad for the loss loss' of my trunk From this the State lumped jumped to April 1905 and asked what Haywood had said to hun him about writing to his Orchard Orchard Orchard Or Or- chard was wag proceeding to tell of a II letter had bad written to Mrs Orchard when the defense objected hotly on the ground that it was now new evidence Senator Borah argued that th the tha defense bad had brou brought ht out in the cross cross examina nation na- na tion that Haywood Haywond had spoken of correspondence correspondence correspondence corre corre- with Mr Orchard Deceived His Wife If there is any question of this belag be be- ing lag proper propel redirect tho the court will allow al al- al low the State to to reopen said Judge Wood very positively notwithstanding the attempt on the part of Clarence Darrow Darrow Dar Dar- row to continue the ar argument Orchard said that an arran arrangement ement was made through Pettibone with Haywood that Mrs Orchard should be e told tola that Orchard had gone one to Alaska It was wag also a agreed reed that lett letters rs should be written written writ writ- ten by Orchard dated from Alaska before be be- fore he lie went to San Francisco Orchard said he wrote the tho letters just before le leaving ving- ving to kill One letter was handed banded t to Paddy Mut Mul liney who was organizer for the W Western West Vest est estern ern era FedeI Federation tion of 01 Miners at Cripple Creek Another letter was also given iven Or Orchard hard said sid to Marian Mo Moore re who took it to Nome Alaska and ana mailed it I there Marion Moore Moor was an a agent ent of the Western Federation of Miners who went to io Alaska to organize r anize the miners I At this point three letters were marked for identification und under r ft a running run ran nin ning lire firo of protest from the defense Judge Wood v hO however ver nil all the theo o objections b Two letters written by Orchard and andsen sen sent to Mrs Orchard rd through Paddy to Cripple Creek were offered in evidence Counsel for the defense and Haywood were i in consultation over the letter for ten en minutes An objection tion was made to both letters because they were private correspondence be tween Orchard and his wife and had wood no bearing on the case against Hay Hay- Hawley and Photographers Judge Wood during the pause pauso saIhe said saI- I that he would allow the photo photographers raphers L I a last opportunity to to disturb the the pro proceedings and a a situation that was becoming becoming be be- coming somewhat tense owing to the very apparent earnestness of both sides aides over the documentary evidence the State to get it in and the defense to keep it out was out was relieved Mr Hawley complaining that the photographs th thus 8 far had nad shown only the back of his has head Judge Wood carefully read the letters letters let let- offered in evidence and after after- some minutes' minutes consideration ho admitted them Another letter was then introduced It was a letter from Orchard t to his wife mailed in Nome Nonae Orchard said he be wrote the letter in Pettibone's store in ia Denver Denver Den Den- enver en- en ver leaving the date blank and gave it to Marion Moore a a. member 0 or of lave the executive board of the Western Fed Federation Federation Federa Federa- ration ra- ra tion of Miners who was was going to Nome It was agreed that the date should be filled in when Moore got ot to Nome Orchard Orchard Or Or- chard charel said ho was never in in Alaska er Nome When the prosecution offered the next document a a. decided stir showed that the interest of the courtroom was aroused Two letters were handed to counsel for the defense These were from Ha Haywood to Mrs Orchard in Cripple Crip Crip- pIe Creek and in one of them Haywood Halwood addressing Mrs Orchard as Dear IDear Madam and Sister tells her that Orchard Orchard Or Or- chard has gone to Alaska The Haywood Letter Orchard said be he had received a letter from front isis his wife while he ho was in Denver It II was handed to him he said by Hay Hay- wood Senator Borah Borab read one of tho letters from Or Orchard hard to Mrs Orchard purporting purporting purporting purport purport- ing to come from San Francisco Franciseo Inthe In Inthe Inthe the letter Orchard told her her ner in replying to hand the letter to Paddy Eaddy who would take it to headquarters and it would be forwarded fo All the letters were read to the jur jury The last was the Haywood letter written written writ writ- ten on the letter Jetter head of the Western Federation of Miners Senator Borah read the entire heading beading and the letter Haywood's 5 letter to Mrs Orchard read practically as follows Dear Sister and nd Madam Madam Madam-I I have not had any information for some time T The e last I had I think was from Alaska Fairfield I Fairfield I think was the address I r i see th that t terrible conditions exist amon among tho the law and order element at Cripple Creek W. W. W D. D Haywood The letter was dated from Denver in November 1905 At this point Judge Wood asked Mr Hawley how lon long be he would take to conclude his redirect Mr Hawley said about an hour A recess was ordered to p. p m. m Afternoon Session When court resumed at after the noon recess all the tho seats outside the railing were filled a large number of women being present The letters introduced introduced introduced in in- at the morning session were inspected by oy by the jurymen Orchard was brought back to the witness chair at 1 48 and the redirect examination continued by J. J H. H Haw Haw- ley Joy He was asked if h he ever had instructions instructions instructions in in- from Haywood Moyer or Pettibone as to what he should do if he got into trouble Yes I had replied Orchard 1 They told me any time I got into I trouble not to write or wire them that they would send some one to look after me Mr l Hawley next asked if ho he used a apart apart apart part of the tho same same fish line used for the tho bomb on the Bradley or Goddard bombI bombI bombI bomb I didn't use the fish line pa on the Bradley bomb but I did use a a part of the same line on the Goddard bomb |