Show DEFENSE WILL PROVE S PERSONAL VENGEANCE S DECLARES DARROW BOISE Ida June 25 D Declaring Declaring claring the thi I defense would prove that Moyer Haywood Hay Hay- HayS wood and Pettibone never had any connection connection con con- con S with Orchard in any criminal 1 act Clarence Darrow closed his statement state stateS S ment to the jury yesterday afternoon n L after speaking three hours and twenty r minutes In explanation of the draft 5 S for for- 19 which Haywood sent to Jack Simpkins I D December 21 1905 Mr l Darrow Darron r promised that the defense would show sho's Simpkins had an expense a account count S for against the federation and an I that after Simpkins himself had cashed I S the check cheek for t that at amount in Den Denver ver he ho gave ave Haywood with the request that he mail the amount to him bin ii at his home in Spokane Of the personal relations between Or S chard and Mr Darrow de larel lared that any one ope could make friends friend 5 with J Pettibone and tid that tha Pettibone ha had I f fed d Orchard Orchard- as ho he would any other othe L' L do dog og- og ogAs As to their financial r relations Mr Darrow said th that t wh when n Orchard left lefi I Denver for Wyoming he gave Pettibone Petti Petti- bone his money his Masonic badge an and I other ther trink trinkets ts and other things for safe safe- I ke keeping pin rom Prom time t to time Pettibone forwarded parts of the money to him bin 1 as he r requested quest d. d The registered package age that went tt to San Francisco contained the Masonic Masoni pin fin trinkets and papers and the tho m in money ney r that hat Pettibone sent to Orchard at San Sai is Francisco was sent in a manner am and ana I under assumed names that Orchard ha had 1 directed and su suggested in a telegram i he sent to Pettibone The use of assumed assumed as names counsel declared was a L common practice amon among the union miners mm min LS S ers era of Colorado made a a. stern stem necessity ty by the bla blacklisting of union miners I Whom he declared had been abused hounded boundEd denied justice and driven i from the State Mr Darrow said the defense would woul I probably not undertake a snowing showing a- a as S to the unsigned ned letter received by Orchard Orchard Orchard Or Or- chard at Caldwell jail the jail the letter that tha t said that had been sent to JackS Jack Jackon on December 21 21 and which Orchard S swore Pettibone e wrote and wrote and at the close cbs a both sides would probably argue their heir r respective tive construction of it Ethel Eth i anymore the as tress wa was 5 among the spectators at the trial during r the afternoon session as were also als Gifford Gifford Gif Gif- ford Pinchot chief of the bureau of for estry catty at Washington and Judge Dietrich Li of the Federal court Mr Darrow resuming his speech at after to r the recess reces continued to narrate to th the a lUry Jury a story of tile the conditions prevailing in J the d' d Cripple Creek district during th the 0 P period of martial law following 1 gd the Inde n depot explosion He told how Moyer had first been ar rested at Ouray on a charge of ing g th the American cn Sag flag and then was held hel LI to in iii c custody as a matter of military hi ne ne- Moyer also was charged with wit h the murder of the two men killed In th the e riot at the Independence the riot which ha halt hail il I occurred while hew he w was b s' s in the tM bull pen presided e over by Bulkier Bulkley u l Wells e Mr Darrow a g brOl told of the he deportation bS of ot the union miners from Cripple Creek and the posting of notices that no man mart should be allowed to work in the district without without with- with without out first renouncing Allegiance to the thee union and securing I a permit from the Mine e Owners Owners' r association The attorney dwelt for some time Ume upon th the Cripple l c Creek ek troubles I saying t that f ec reI f most of the e me men who were re driven n nand out and who scattered to the four tour quarters of ot the West found it necessary to change their names Mr Darrow then came back to Orchard Along with Johnny Kevill and arid th the Neville boy Orchard w went nt to o Denver Denverd after the Independence depot affair Orchard Orchard Or Or- chard had considerable money from the burning of Nevilles Neville's saloon He lay around Denver gambling and got acquainted acquaint acquaint- ed with Pettibone He told Pettibone he was wu a fugitive from Cripple Creek and wanted to leave the State Orchard went to Cheyenne with the two Nevilles At Cheyenne he loafed about Pat Morans Moran's s saloon He never asked Moran to go to Pettibone and get some money and MoS Moran Moran Mo Mo- S ran never went to Pettibone After Atter Orchard disappeared from Cheyenne Cheyenne Chey Chey- enne enrie he did not go back to Denver that year so so far as any persons connected with this case knows know But in itt the meantime meantime meantime mean mean- time it was claimed in Denver that the Western Federation of Miners had caused the death of Lyte Lyle Gregory Our evi evi- evidence evidence dence will show you OU that the Federation had no grievance whatever against Gregory Greg Greg- ory and knew nothing a about t him Gregory Grego y had been nd a deputy in the g Coal fields defoI in which the organization headed beaded by John Mitchell alone was Interested In SIn San Francisco when Orchard was there D. D C C. Copley was delivering Illustrated illustrated Illus illus- lectures on on the Cripple Creek strike Orchard went to the lecture ope ape night and asked Copley if it he had heard of the explosion at Bradleys Bradley's house Coley Co- Co Copley Cop Cog ley icy said he had and Orchard then sa said d that that Bradley he had cf been had gg got in what the Coeur Cour he u deserved deserved- e 1 and was responsible for the militia being called into the district Orchard said th there re was another of Bradleys Bradley's kind that kind that it was Governor If It it had not have been for tor him said ald Orchard Id be a a. richman richman rich richman man today and Ill I'll kill him If It it I is 15 the thelast last act of my life Ute We will prove Orchards Orchard's threats against prove un prove v that he said 1 f hp b made him a pauper a instead s of a millionaire not by Copley Copey alone aone but by not less than twelve men and women women- and they wont won't all be members of ot the Western Federation of Miners lInera either We will establish a cause for tor Orchards Orchard's s act against and we feel teel w we cannot cannot can can- not fail fall to convince you Mr Ir Darrow quickly sketched the period of Orchards Orchard's travels from Denver to Wallace Wal Wal- lace If It Orchard ever was here In Boise he said we know nothing of It or I If It he saw here we know nothIng nothing noth noth- ing of it ft but we know that he did go to Portland and end t to Se Seattle and then he went to Wallace I I It was ethe the first rt time the he had been In I Wallace since he had been driven out by the militia While there he saw Ed Boyce and Hutton and August Paulson at athis his old associates associate's in the Hercules mine They had all been as poor as he but now they were were rich and he was a tramp Or Orchard chard followed hi his profession as gambler and confidence man in Wallace WaIlacE He visIted visited vis via many persons persona whom he had known in the old days days among among them Paulson Paulton Then one day he went down to see Dave Conies Coates former Lieutenant Governor of ot Colorado who will testify before you Coates is a man n wih without ut a blemish I on is ett his name and n a n man fish has to be pretty careful that way Coates was runnIng run- run nIng a weekly semi-weekly paper In Wallace He Her had met Orchard in Denver and n ask asked d r the fellow l what tr he was wis lP doing l In iii Wallace Va f. f Orchard said he had come to see some old friends He said he had seen Paulson Paulson Paulson Paul Paul- son son among the others that they were all allrich rich tich and Jl he thought hed he'd steal Paulson's child C Coates Coata at s taking the matter as a joke said he thought that would be a good thing to do They talked along for fora a while and in a a few days Orchard came back and said d What do you think of that hi p Paulson s child business s1 Coates t tasked asked him If It he pe e was In earnest and he said he was Coates said I never dream dreamed d that you jou ou were were Ive I've never thought of it ft If you took a child Into the mountains it would die If It you aver ever attempt such a thing g I I. will have a special edition l o of mv my paper on the he streets in live minutes s so se denouncing e u f you u N Never mention it to o me again J After you s see a and hear e e Mr C Coates on the h stand if you want to believe Orchard in preference why aUrI all aU allright rI rightS right L S From Wallace Orchard and Jack Simpkins came to Caldwell Caidwell Orchard had succeeded in borrowing from Paulson Paulson Paul Paul- Paulson son and said he lie was sorry he had not asked for Simpkins Simpkin made the trip in pursuance of ot his duties as an organizer of the Western VEstern Federation of ot Miners He Hew w went nt to SlIver Silver City and other places He received regularly the money that was due him for his work We will show to you why the drafts were sent nt to Simpkins from the miners' miners headquarters what they w were re for and that they were a a. part of the regular course of business We Ve will show that Simpkins drew as s small amount from the federation treasury as any organizer organizer or or- in the service Mr Haywood will take the stand and tell you his full connection with the Western Vestern Federation of Miners and tell telI you everything he has done as an officer of the organization Moyer who is still stillS S to be e tried for his life lite wilt will probably take the stand I dont don't want to say this positively but h testify and tell teU this Jury all that he knows I doubt very ery much if f Pettibone e o will l be put o othe on t J i nb the st stand as h he was never v an officer fK f of the union and had nothing to do with it it I wont won't say for sure aura as to Pettibone one As to the letter received by Orchard at Caldwell we may not be e able e to show 1 g I you jou except l by argument u who It came from or what it was about but we will do the best beat we can v Orchard came to Caldwell vowing vengeance vengeance ven van against against- He- He JI H had for fot years been connected with a detective agency Now Now- dont don't understand me to mean that I think any detective agency or the owners mine-owners wanted to kill St un- un enberg I do not mean this but I dosay do dosay dosay say that Orchard was a a. detective in the employ of the agency when he killed because of the old grudge trudge of or which he had spoken so often He Hel killed him l In t the most cowardly way a ge gel id g murder could o be committed He wa was a caught red-handed red and turned over to the head of the Western Vestern branch of the Pinkerton After some manipulation he te e was as persuaded that the heat best t thing he c could do would o be to place r D. D f t the blame On some e one else which he lie did He Hea l a Is getting the biggest price for this he ev ever r got for a crime He lie hopes to save his miserable neck necK Coming to the arrest of Haywood Moyer Moy Moy- er or and Pettibone Darrow charged that It was all done by the Pinkertons on a a. perjUred per per- affidavit He lie e described the cap ture in Denver of Haywood Moyer and Pettibone who he said were arrested denied dented all the rights and brought to Boise for tor trial where In th the jail Sail they have b 1 ben been n waiting for tor a year ear ar and five months for a Jury to p pass s upon their case cue When Orchard was arrested continued continued con con- Mr Darrow it was announced that he was a member of the Western Vestern Federation of Miners Haywood was told of It and nd at once wired to Silver City lt In In fr h ducting il them to look after ie ieh the h case is We will show that it is a part of or tile the policy of ot this organization to look after its members no matter how obscure Miller 1 came and saw Orchard a few times but finding that was also visiting him Film Miller decided that Mc Mc- could do Orchard more good than he could could and and perhaps PS he was wag right Many names have been mentioned by Harry d Orchard of persons person connected with him generally in Cripple Creek The union was scattered to the four our winds from there but w we will bring before fore you nearly all of those whose names he lie has given you ou u We will b bring you Davis a and Easterly r and others and b before we are through with them theta you will say We Ye hav have e had enough Moyer Haywood and Pettibone never wad had any connection with this man in any criminal a act at t. t We will demonstrate to vou you before we are r through that this i is n not t murder case cast that Bill Haywood Is not en trial but that the State of Colorado Colondo has has- hassent sent flent men to Idaho thinking conditions and r people le here are different 6 It and 4 that the Mine 0 Owners Owners' association of C Cob Colo rado redo might succeed 1 In hanging executing these men and end killing the Western Vestern Fed Fel- Fed f 0 of Miners n through them That labor organization and all labor gaJ and not Bill Haywood are on trial here Mr Darrow had spoken for three hours and twenty minutes He was pretty well exhausted and it was decided to post post- pone the taking of testimony until to to morrow oz w morning 11 Mr Darrow 8 said ld he be e II r t thought hought the defense would not require m more ore than seven or eight days day t to conclude con d elude clude ude its case Court adjourned until 93 a a. a m. m tomorrow |