Show in n if N IN I 1 I 1 I 1 fig 0 M A M I 1 UG MIA U U I 1 Is V I 1 N HE I 1 1 K 1 I 1 1 I 1 1 0 it M EN rv it IN N n no H 0 S da U da HIL ff R 11 S r au I 1 0 H S T 11 I 1 I 1 I 1 1 f r I 1 1 More I 1 1 Crimes added to his record reco rd he was to have killed a man I 1 T Y s I 1 in bingham utah witness admits he is in daily conference Con ferenee I 1 I 1 I 1 with detective A 11 w I 1 1 4 boise idaho june julie 10 the defenders of william D naywood haywood continuing k their cross examination I 1 of harry orchard are making a strong D attempt to show that the independence in nce s station tation outrage instead of being procured by the AV western c tern federation of miners was a plan of the enemies ene inies intended to be comparatively harmless harmles and converter conver teI by mischance mischa into a 15 great 11 tra tragedy hedy orchard had testified that he and adams pulled the trigger 6 of the mine before the train reached the station and the defense seeks to make it appear that it was i planned to blow up ill the station not only before befort the train arrived arrive but before the nonunion non union men working in the lie neighboring za cr 11 mines came down to the train orchard in explanation of his act in setting oft off the mine before the train arrived swore that sherman parker of the 11 western estern federation of miners had a friend in the train one rush utush who had previously been a friendly witness in the train wrecking case and asked that I 1 care be taken not to injure him orchard also denied that the mine owners or the railroad I 1 managers Z 1 had hild plotted the explosion the defense I 1 had previously shown that eliat as far as the witness knew moer moyer claywood and pettibone ret had nothing to do with the vindicator plot and that and find haywoo aywood II had hd nothing to do with planning the murder of lyte gregory dregory orchard said he believed beli dYed that they were w cre parties ta both plans but he could not of his own knowledge say that they were I 1 the defense made several attempts to show that orchard is testifying under the coaching and control of detective AIL P irland but this the witness denied with spirit saying and attorney hawley had cautioned him to tell nothing but the truth I 1 I 1 1 I immediately going on the stand at this morning orchard asked foi for 1 permission to correct two state statements menis 1 made by him on saturday one to tho effect that bill easterly had mado made X bombs with pettibone dope with 1 him at cripple creek and the other that he and steve adams had bad carried I 1 their shotguns in bolsters holsters when they were stalking governor peabody Po ho he I 1 said billy ackerman and not bill easterly mafle made the experiments with him and thai that ho he and adams did not I 1 carry their guns gung in holsters holst erd i attorney richardson brought out the fact that orchard was in confer ence with detective this morning and with and attorney hawley yesterday and that each morning before appearing on th the I 1 C r I 1 stand he visits visit hawleys harleys Haw leys office but the tile witness denied that he corrected his testimony on any suggestion from either hawley or he ile said he told hawley he made a mistake I 1 in his testimony and asked if he should correct it and hawley told him to do so Alc speak to you about the method by which you could withstand cross examination demanded I 1 attorney richardson who has handled the cross examination throughout no sir replied orchard but ho he spoke of what gave me strength fo to go through the examination orchard has professed religion now then roared richardson you make this correction because you discovered that easterly is here and ackerman is not I 1 no sir I 1 knew know Da easterly sterly wag was here all the time orchard said he had bad heard that ackerman is in goldfield nevada attorney richardson next demanded to know pt orchard what he had talked to nelson franklin ind and A E carlton of the mine owners association about ho lie said he had a certificate of deposit in a bank which had closed and he lie heard these men buying such certificates orchard was going into details of the conversation when ho he was stop ped by richardson who declared the matter immaterial this brought out a protest from senator borah who said you asked for this now take it as it comes 1 I ask for a lecture retorted the attorney for tho the defense judge wood said the prosecution could go into tho the matter on oa redirect examination if it desired and orchard waa was not net allowed to proceed orchard denied that he had ever discussed tho the mining troubles with n anklin and carlton he ile entered tho the same denial as to kid waters frank N reardon AT holman and major tom mcclellan i richardson next took orchard over the ground preceding the blowing lip ap of the independence depot the wit ne nesa gs said he had first discussed the matter with parker and davis the t strike te managers in the cripple creek district but bo he could not recall the exact sato or place haywood whispered constantly in his attorneys ear car as this part of the cross examination proceeded prompting questions from time to time orchard eald said he later discussed the independence ep m matter ter with parker and davis at the belmont hotel in denver and in the lobby of the miners convention conventi orL that tho the leaders wanted the time wile the witness declared that it was because haywoode Hay woods control bof the federation was in jeopardy in the tile convention that the leaphers leap ders wanted something pulled off richardson next jumped back to the lyte L gregory murder in denver wanting to knew if orchard had not I 1 gone to 4 the adams hotel that evening no sirl air replied the witness 1 I first went to Petti bones back yard and alid buried the sawed off shotgun and then went home 11 orchard denied dented ho he had ever jumped from a window of the adams liomel while chief loomis of the denver detective force was looking for him hin C uter a lone long line of questioning I 1 which developed lev eloped little that was material attorney richardson suddenly turned on orchard and shouted look here have you been cautioned I 1 not to give definitely any time or place during this cross examination 1 I have been cautioned as to nothing notting retorted the witness with feeling i but to tell the truth who cautioned you demanded richardson mr aird arr hawley mr alf I 1 is your men mentor forIn in this matter 1 1 I dont know what you mean by inen mentor tor 11 I 1 1 I mean he has coached you no sir no more than to tell me bo tell the truth you have aleo also received a letter from mr bangs of new york tho the superintendent of a detective agency encouraging you you orchard said he had never seen any such letter he also denied that he had ever received a letter from wm win A pinkerton the witness was next required to relate the details surrounding each occasion on which he received money from haywood moyer and pettibone he ile said he thought the first money he received from pettibone was handed over in the batters lat store and that was a public place it asked richardson we went to the rear of the store orchard said pettibone had several employed emp loyes in the store and rented desk room to two or more persons ho said that there was usually no ono one present at the money interviews except himself steve adams and either haywood moyer or pettibone Petti bono speaking tor for himself and adams orchard said during the time we were working on mr air peabody we got 60 or whenever we asked for it he said he was gambling and leading something of a dissolute life now from all you havo have said and that you kaow know these defendants had nothing to do with planning the vindicator mine explosion suggested richardson nothing other than to pay for it replied orchard 1 I limited my question as to plotting ti ng aad planning ald said richardson they had bad nothing to do with planning the vindicator explosion or the killing of lyte gregory not so far fax aa as I 1 know replied tho the witness then they had nothing to do with any of your outrages until mb independence pen dence depot affair 1 I believe they had something to do 10 with it yee yes sir 1 11 I moan mean as to planning i no they plan it As to the independence depot affair orchard said it was planned to blow up the depot before the arrival of tho the train this was arranged to save the tra trainmen filmen and you intend to blow up any anybody body but this depot which was simply V a stopping place without an ag agent ent or anybody there A yes sir we intended blowing u up p the nonunion non union men who took the train there why dick you want to flave save the trainmen asked richardson with significant inflection sherman parker said hat that ono one of the men on the train had been a good witness for him in the trials and he did not want him hurt but this was the samo train you felt sore about not being selected to wreck Y yes sir orchard hard denied that he li had ad talked to railroad detective scott about the plans to blow up the depot and save the train he ile also denied that it was on oil scotts account accorn he agreed to save saye the train you expected to kill hill fifty men that night I 1 1 I know how many you thought tho the more the merrier you 1 I thinking t you care whether lether vl it was one or one hundred did you I 1 I 1 1 I thinking about it repeat I 1 od ed the witness somewhat sullenly attorney richardson asked orchard to make a pen pencil cill sketch of the inde pen dence depot tho the railroad tracks and the direction in which he ran after the explosion the witness promptly compiled drawing a diagram with steady hand orchard ara said sald that after the explosion he be went to denver with johnny neville and tho latter lat s fou arteen cearold ye arold son on the trip the elder neville taxed orchard with the crime erime did the boy hear this asked richardson we tried to talk so he but you were all three together most of the time do you say the boy hear because you know he ls Is still alive no reaching denver orchard went to jack simpkins room james kirwin now acting secretary treasurer of the western federation of miners was there but went out before the independence pen dence affair was dinus discussed dinussen sed haywood and pettibone came in later and ald with simpkins that it had bad been a fine job had they given you any instructions about the affair no sir 1 what did they say haywood asked how much money I 1 wanted he said wd not to take too much that I 1 could get more at any time I 1 wanted it there had been no arrangement in advance to pay you a eingle single dollar for this affair had there 1 I expected to get a dollar yes sir I 1 orchard said there was no particular part leu agreement about the independence depot ne rie blew it up tip as a part of his general instruction to go ahead and cut things loose he had bad been getting money right along but thought he could get got more after doing the independence job the time of the explosion at the independence depot was fixed at at 10 the same morning richardson asked orchard it it was not a fact that the supreme court handed down a decision refusing to grant relief to mo mover or who was in jail he lie declared C he knew nothing about this after reporting in denver the independence explosion orchard said he and the N nevilles started on a camping and hunting I 1 trip in wyoming he got pettibone to buy buk him the outfit including flading 1 and bunting hunting tackle and arms pettibone who was in boise had told him he could got the goods cheaper when you left for wyoming it was your purpose to locate thero it yes and you bel believed loved you were leaving colorado for good possibly orchard said sold he be told his colorado wife that he be would write to her asked if the Pink pinkertons ertons had taken care of her since that ume time orchard orcha rd said eaid ho he know of it during the tile cripple creek she drew relief money regularly as a rill miners ners wife she also got other money than the relief orchard asserted orchard eaid raid haywood had promised to buy him a ranch when he got through in colorado he ile thought the promise was made at tho the time ho he went to denver to bodyguard moyer on his trip to ouray t make malce enough of an impression tofta to fix the time indelibly upon your mind no had you over ever had bad enough money to buy a ranch yes when V I 1 in canada was this money you collected on the chreso factory you burned burne 17 yes 11 then you had committed arson bo be fore you burned nevilles saloon near independence i id done it yes orchard said ho he had burned the cheese factory near brighton ont he lie was 28 or 29 years b of ago age at tho the time his ills first crime ife h 0 believed was weighing cheese up lip short or orchard c hard had haa said earlier in his examination ami that up lip the time ho he left canada he had never been charged with a serlona serious crime orchard was being abeln questioned further about his ills experiences in wyoming when the luncheon recess until p in was ordered continued on page six I 1 ORCHARD A YOUNG MAN WHEN HE BURNED FACTORY continued from page one orchard told of meeting W F davis in cheyenne davis he said had been involved in the coeur dalene and cripple creek strikes davis wanted to go along with orchard and the two nevilles to cody we take him because he was tco well known said orchard he any bigger criminal than you was he suggested richardson he wag known to be a bigger one it that time the witness calmly answered arriving in cody orchard said he lost all 0 hia money more than in halls gambling house he borrowed 50 from hall and returned to denver this was in july 1904 the first orchard saw in denver was he told the latter that he had spent hia money in buying some lots in cody he admitted he had lied about the matter for he want to tell pettibone he had lost the money gambling within v few days ho got ltv from petti bone he then met haywood who wanted him to go to bangham utah to assassinate andy mayberry who had laid oft a lot of union men at his mines dont you know that as a matter of fact haywood and mayberry are and always have been the warmest 0 personal friends asked attorney richardson it may be I 1 know it you know that Haywoo il and mayberry worked side by side in the mines of nevada and that mayberry had taught assaying 1 I never knew anything about that orchard testified that the murder fred bradley was discussed on a sunday afternoon in july 1904 at a conference between haywood pettibone and orchard in Petti bonos back yard in denver haywood said orchard should go alone and kill bradley because he was at the head of the mine owners ana was driving the federa tion out of california did biou while you were in san go out one night to the end of the car line at golden gato park and hold up a street car conductor no sir did you ever tell any one you did yes I 1 believe I 1 did then you confessed to a crime you did not commit yes and you have confessed to other crimes you never committed tho attorneys tor the state objected to this but the objection was overruled 1 I have told such stories among borne men when we were all telling stories you have a mania for stories of crime you 1 I dont know whether I 1 have a mania or not replied orchard but I 1 have told stories when others telling of such things you would read of crimes in the papers and then lay claim to them no sir not that all together orchard saad h sot about while in san francisco peter L huff of the bartenders union identified him at the telegraph office typewriters for rent L H becraft cor grant and |