| Show ORCHARD IS REGAL lED tty Richardson Lays Foundation Foundation tion lion for the Impeaching of His Evidence trE TE PRODUCES LETTERS t i Wm Alm is to Show Was Conspiracy to o Deceive Mrs Orchard Of Cripple Creek t SAID SATO TO BE B FROM Questions Pin 1 p to Show Wart Wn M Mur IU by bJ Witness rOt for Revenge Boise Dols Idaho July Tul IS With Horry Orchard recalled to the stand to prepared by the defense fr for anti then to be bo b examined the tho Io state produced this morning a I number of ot letters written by the witness s and am one by b y tho the prisoner Haywood tho the purpose of ot which was to show that there had bud boon been a n conspiracy to AIrs BIrs Orchard ot of Cripple Creek ns is to the whereabouts of ot Orchard In the tho summer ot of 1 r The Th defense vigorously protested the Introduction of ot the matter matteren mater materon on en redirect examination but the tho court ruled that lat If tt Jt it 1 was WS Improper on redirect he would permit the tho state to reopen Its examination Is Orchard that said m tn ht the spring of ot 1005 that Mrs Mr Orchard was repeatedly writing to him ns to Orchards and auci Orchard that ho write her Ir ht r n a series serI ot of letters date them nt at SHU Francisco and ond have them delivered through agents ot o othe the Western Federation of at Miners Two were ero thus written and the state producing ing Ins them secured their admission Then one was written dated date at Nome Name Alas Airie Alaska las laska ka and to Marion Marlon IOle then an organizer for the Western Federation I of ot Minors tiner to take talo to Alaska and mall mafi mal The state produced the letter Itter nod over objections secured Its Is It admission Next the tho state produced n a 0 letter eter writ written written written ten by 1 Haywood himself to Mrs Or 01 Orchard Orchard chard that tho the prisoner had luil knowledge of ot n the Alaskan story stor ana nn this thin too Loot was wair admitted In evidence Orchard also that the replica relles of ot Mrs Sirs Orchard wore sent to nUn film through thru h The Impeaching by b the all ni Indicated a urpo i iby by b the defense to 10 show that at nt various times Orchard threatened to kill ki Steu because of ot a desire to be re ye revenged for Cor the loss of or his hR Interest in tho the Hercules mine min TRIAL IlAI RESUMED All AU Al the members of the Haywood tam ram ramly lly liy ly were wore In hi II the tho seat the tho prisoner when tho the case clue William D flay liny wood was aH nt at lt this thIn the Ada district morning mo In it dl county court During the tho Intermission since the adjournment on Saturday a n a number of witnessed have arrived In Boise Dolse The Th he courtroom was waa only about half halt flied filled however at ut the tho time court opened DEPUTY NICHOLS J S T Nichols who was Vas wu deputy sheriff of or Canyon county und and Ind In charge of at time thc jail jai at nt at the time Ulcot of Or Orchards Orchards chars arrest after the tho murder of oZ for tor former or orner mer ner Ier Gov GO was a witness winess Orchard in his hi statement on luI stand said Bald that while In tho the Jail jai at n Caldwell lio he 10 received a is 1 letter leter from The original ot of tho the letter JeUN wits I de destroyed by Orchard but hut Nichols made mado malon madea ft n copy ropy of at it I before giving it to 10 Orchard The copy cei 1 of the letter was vas Wi produced and Identified by Nichols A section of ot the nv lopa was also alao pro Iro produced produced and Ind Identified Time The he letter wan wal not read Tho Thu witness suld suid that It wa was rot miot 1 0 t signed e Nichols testified tw that Fred Frea Miller lier a l a lawyer of ot Spokane hail had called colled co led upon Orchard shortly after otter he was waa placed In inthe tho the Caldwell Jail jai Miller Miler l I is now one ono ot of the attorney for fOI the tho defense ot of Huy wood Nichols said that Orchard had hadnot hadnot hadnot not sent rent lent a t telegram summoning Miller but hu that ho he had received a telegram signed M r A copy OP o ot of lime Iho telegram was produced anti and by II tho the wit nS n ss Nichols Nichola uvas proceeding to 10 tell tellof tel tellof of ot a conversation conerl ton with wih Miller when the tho defense raised rals objection after arter objection and lifter argument the time testimony wits WIS admitted Nichols saul said sall that Miller had told him that money mOley sent to Orchard hould be turned over to 10 Miller us om UI his attorney Nichols was wa allowed olow l to lo go 10 without my an and Harry HalT Or Orchard 01 Orchard chard WIS called calI I The be notorious prisoner 1 Il 0 n I witness en ell entered entered the tho courtroom through h tho door t r loading to tho the judges room His ills ap appearance created none hone of ot the Iho interest I that marked his first entry Into court courte Ho blo e came comae In with his hil customary brisk t tep alep and Inc was WIS preceded and followed by J 1 deputies and n nt mun Jun men muon mel ON STAND E F at lt once Ole commenced cd the cro It II been mo 01 I lent lent that the tho defense proposed to 1 liming bring bringa HB t a IL I number of lt tu Lu tl provo that thu at atc t l Orchard had for or years 1011 a I vengo c tot lul ul spite against rg mitt find 1 HI had id repeatedly made mude throats against him Do 10 Jo you OU know I now Mallch of ot Dun vir mr Ir Mr Nv Richardson ol Yes yea lr Did you yell YOI In Juno JUlO 01 or July JUI ot of 1805 1005 cas caslo I lo to Mallch you 01 timid and 1111 he lie being boll clone you IU OU wore were going to 10 kill kil hen beig It even evell If It you OU to fur tur furNn Nn No Ni sir I J never had 11 nuy JI such sueh con n Senator asked If It lie Ito nt place the tlC closer thou than Ihrl Juno or orNo uly uh I I INo No man 1111 can eln lic 1 lime Iho day nt of an tumid paid nM 51 Ir r Heh i ol hotly hlll Vo Wo will wi lit VII Mux here hart hOf nd ho he may lix H Ii I for tor rol y you OU u limit hut hiI U It I Is II nut not likely HUely that ho lie con can II you yuu 11 Iho lime day dayt In ii y yon f t thui Did Dil you MV eay M that rl waw moan moun l U tm timi Imil It I not been cel for tur you on have bent a n millionaire ono UI o iou rou Ind owned u a I of ofin It Ithe ilio 1111 limo he amid tle hint in ini Lire Jerol hii unveil driven you out nut ot of tile Ihl i No idi III I J over hove my lilly wa vi U Orchard rr very elY positive po In Iii hl his il re reo wild und mm ia Mr Illo Win him It If ho lie 1111 J lluy Ut l t und nail u I Her HerL L t I tj itt Ill a room 1001 at iLL II the Ihl Unlined liniment hotel told toll hor that limit ho lie h Intended to hilt Hill SI berg ierg This also Ifo Orchard 11 d Orchard wits wan Wl a lerl If It ho lie had nut not lot made mado In II time the th hearing and presence of ot Kid Kia Walters of CrIp Crl plo pIe Crook Creek Cr lt nod others Ho Ito HI was wm If I he had bli not net told toll Dr J 3 8 S cOet formerly ot of Wallace that he Was wn a IL aspy spy lP anti and nd flint he h wn WI suing goil to get ReI oven ec with Ho positively denied that tutt ho had hul h J A conversation with D n C e Conies formerly lieutenant ot of Colorado was nl repeated by Mil IOn I 1 ti MilIn In this thin Orchard IH Is II alleged to have said Tho TImO more 1010 I J semi se ot tuf my lily old 11 partners In tho ho Hercules tho the more bitter I r feel tec They rimey nil all time tiro IU ilch arid ard I am ani a 1 wander wandering ing pauper r Ill I il got get ot even tel with yet et Orchard said quietly I r never n mado any ony such statement either then limen or eleo ele where whee EXAMINATION EAI At t hits point the tho took tool Orchard over oyer for tho the redirect examination TH J i U II asked uHIC as to his Interest in thu th Hercules mine which ho he I stud said he heBold I sold Bold in March 1897 1891 This was tom sonic time prior to tn time In the Cour when In lit 18 Orchard was wag ti there thero and left the state tI tc after blowing U lip of ur the tho concentrator at Tl T Time The he copy of ot the letter letor Identified curlier tr hr II the morning by b Deputy Sheriff N Nichols was handed to Orchard and tim the contents wore WON Identified by him The Tho lr letter r read In II effect Dear Doar Doar Tom 01 1 h have received yours and have lune soot t Ui that to Jack I i hope to hear henr from you ou as us to 10 your our movements mm melts anti and Ind that thal you w will wi be Ie 1 There was as no ig ti tIIu 11 tutu enid in his direct examina examination tion that Ihl the letter Iter clime came from Petti Pett Pettibone i bone A A 4 copy CIPY of or r l telegram Spokane was v I II d by b Orchard The tele lele B 8 gram grain toad Bw Alty Atty ty Fred Miller will wi start stait for tO Cald Caldwel Caldwell w well wel In tho thi morning M MOrchard Orchard said ho hl had hud not made any arrangement with Miller but bi that in October 1000 1005 had told Mm bini that It if ho ever C Rot got into Inlo cay any trouble thy tN th firm In ot or o which Miller Mier was WS a member Imber would be bl a rood good one What Jt dlo dl he mean lell go by b your getting Into any trouble Iko Mr lr Haw lawle hawley ley I 1 suppose lie lle mount meant trouble over aver the killing of You did td not nt speak to Fred Fre Mier Miller about trouble ot of this kind when in Spokane No sir sirI I only talked to him hIni about suing the railroad for tor the loss OS of o my Iny trunk From Prom this the tile state Jumped to April Apri 1105 1005 and ond asked ked what Haywood hail said sahl to him about writing to his Wife Ite Orchard was wal proceeding to tn tell tIl tellof ot or a 0 letter Haywood bad written to Mr Orchard when the defense ob oh objected objected hotly hoty on the ground timid that it was wal new evidence Senator Borah that the tho defense hUrl hail brought out cut m 1 the cross examination that la w I had spoken sok n of correspondence WIth vilh Mrs Orchard If I there Is any un question queston of or this je nu e eIn log Ing In proper pro eI redirect tho the court will wi al nl allow low the state to said suhl Judge Wood 00 very vel ory positively notwithstanding tho the attempt on tn the part of t Clarence Datrow Darrow to 10 continue the argument DECEIVING SIRS MUS rs ORCHARD Orchard said that on nn t was mode made through Pettibone with wih Haywood that Mrs Irs Orchard should be lie told that Orchard had hid gone to Al Alaska Alaska 1 aska Ok It was also ohio agreed that letters should be he written by I Orchard dated from Alaska before he lie went to San Han tan o Orchard said ahl one clue letter leter was wasso WIS wasso so 10 written In to Denver and handed to 10 Paddy who was Wil organizer for tor forLie Lie tho Vestern Western Federation of or Miners at itt Cripple reek Creek Another letter leter wits was If also given glen Orchard said to MarIon Marlon who took toole It 1 to Nome Node No 1 1 Alaska and lint mailed It there Marion was an agent of ot the tho Western thou of ot Miners who went to Alaska to II organize the miners At t till thIs point polut three letters rs were marked lot for fl Identification under n 0 1 run running rUI ning tire fire fre of protest from rein the tho defense Judge Wood however overruled mull all 11 of lt the objections I LETTERS IN m l EVIDENCE Two Ewo letters leUer written by b Orchard and Ind sent to Mrs Orchard through Paddy to Cripple Creek were offered in II evidence Orchard said he h wrote the tho letters Just before beCome leaving for tor r Idaho to kilt kill ki Counsel Coun 1 for time the defense and Hay Haywood wood were In consultation over Oer tho th letter leter for 10 minutes An objection was IB made 1 Jo to t both hoth letters because they the were private correspondence between bete 1 Orchard Orchord und and nd his wife mind and Ind had no bearing on th ho case cage u Haywood Judge Wood during the thi pause said that thul he would alien the photographers raphers a Limit last to 10 disturb thu tho proceedings nail a situation that thaI was WS becoming somewhat tenso owing 01 to 10 limo tho I very VI apparent of I both bolh Bides over 01 the tho documentary evi eyl evidence dence tho time tate state to gut got It In and th the defense to It out relieved Mr Mi 11 hawley complaining that the tho photographs thus nUs tam far fa had bud hii shown only tim tho back of oC lib hl head hen Judge Wood carefully rood road the tho lot loi loiters terms In II I ml after w 1110 mo minutes consideration con he admitted thorn them tiem Another nother letter hotter was WIS then Introduced lot Jt it t was Wil a I letter l front from Orchard to ti u iii hl alto mailed In Nome 01 1 Orchard said III lie he wrote the limo loner in Iii store 1101 in Denver Donvel leaving th t tilo date la that blank und anti gave It I to Marion Moore a n member of o the executive board of time the th Western Federation of ot Miners Milers who wan wai W to 10 Nome Jt it J agreed that the tho nto should be lie h hued In when grit cot ot to 10 Nome No 10 Orchard said h he wan I JOI In II Alaska or 01 Nome JAYWOOD TO MIt Whon the tho prosecution offered the tho next a it I decided St al it Ir showed that tho time or oh tho tue was VUI wasu u Ii I roused Ious c Two jw 0 betters were to tl tm counsel tom for the tho lt defense These from to III ti Jim Orchard in Cripple Crook And In ont on of them Mrs Mix I I Orchard us as 15 Hoar Dar Madam and Ild Sister HUtor HI tor toll tull tull her that Orchard lion hUl go gono no to 10 Alaska mild ho lie had imad hl received n mi I It tor tUi from from his wife tIfe Itc while b hi wa In Don Dell Delli DI v WI i r It 1 I I was Wil handed to hll hI its w said ld by I Borah read olio nile OlO ot of the tho th latter from loin Orchard to Mrs MII Orchard Or hl und dud purporting to como comae from San SUI Francis FrancisCo co Ju In JI tIme the letter Orchard told liar hop Ir In ill 11 replying to hand baud 1111 the letter lottor loler to 10 paddy who would tal talie It I to 10 licud hlll and alt it Il r tic he All Al time the th letters were road roll to the lbs lh jury Juno ur Tho last host nan Wil tho Limo letter writ written ten tel oil iii ni tho Ilium letter I lor of h hI lie l of Q Senator road 1001 the entire and tlc the Ih letter idler letter to 10 Mr I irs read practically UK uti 18 follows Dear 11 Sitter fl tr and I 1 hav ha not nol unit had any Information I Ion Ol for tor some seine I Ito Tho hiNt I 1 hail had hll I f think WIS from room Alu r think wan uvas Wil the tho J I Sc that terrible exit among time the law lau at It t Crumple W D O 1 Jh letter lettel Illel wan Wll dated tl il iron front In iii lliO I At AI thu Ihl point j asked IlkI Mt imir 3 y how 11 long ho II would i Inlo ko tn to his hil Mr y mild hunt hour 1111 A Awas t recess was nas aH Ilo ul to 1130 p I m ill |
