Show t boise idaho june 13 in obtaining what he had lad announced would be his lasada last days cross examina tion of harry orchard attorney richardson counsel for william D hay wood turned suddenly on the witness and said have your usual talk with mr me alc this morning 1 I saw him hint for five minutes in mr harleys hawleys Hawl Haw leys cys office bichard oi chard declared that the haywood case had been discussed but casually had said he was quite ill III with a heavy cold and just able to keep out of bed during yesterdays examination orchard said he lie had written gritten to from wallace idaho asking for some money orchard had gone to W wallace al after the first proposed attempt on nil governor richardson asked further about the che moyer letter wanting to know it if orchard ever received an answer to it the witness said he had received no direct answer but as a result of the letter jack simpkins gave him nelch he be said haywood had sent to him orchard only had simpkins word as to where the money came from front leaving wallace on an route back to caldwell Cald to assassin assassinate ato orchard said he and jack first wont went on a week shu hunting trl trip into the st joe river country of idaho they traversed the tile trail on which it was said steve adams had killed hilled fred tyler the man for whose murder adams has once one been tried the jury failing calling to abree agree the return crip rip to caldwell Cald was made by way of spokane simpkins said that as an excuse for going along he lie would say he lie was visiting locals of the western federation this would enable him to draw expense money from froin the union orchard said there was no arrangement at the headquarters arters whereby simpkins should help ain in the plot on this second trip to caldwell or charli said he and simpkins were there for about three weeks the witness made several trips to nampa and simpkins went to halley where there was a federation local during the time his attorney was tracing orchards movements prior to the assassination of governor sheun enberg haywood haywond seemed entirely unconcerned ho he read several letters which mr ift darrow one of the defendants attorneys handed him orchard fixed the date of his sec see ond caldwell Cald visit as some time almo in november 1905 well if you and simpkins went to caldwell Cald in november to kill why you do it demanded banded attorney richardson we did make an attempt to but it successful simpkins then went back home to wallace saying it be good for either himself or orchard it if they were caught in company simpkins had agreed to come or chard continued but he began to get scared after we were on the ground now as a matter of fact asked richardson was simpkins with you any longer than it required him to visit the federation locals at halley and aej silver city he was with mo me in caldwell about a week all at once no he was there twice simpkins started for home about december ap 1 1905 and orchard said he had not seen him from that day to this tilts while in caldwell simpkins helped him manufacture a bomb was that ane bomb which killed hilled it was the same powder I 1 later changed the casing from woo d to tin orchard denied that he lie had over ever tried to sell what he claimed was a non freezable ex plosive lve orchard also left caldwell Cald after the failure of the attempt with simpkins ho called bill easterly of silver city up on the telephone and asked him if he lie want to como over to caldwell Cal dwelt and take part in a contract easterly declined saying he lie was too busy at home orchard then went to salt lake to get a man named shoddy to help him shoddy however could coald not be found returning to caldwell alone orchard went to the saratoga hotel where he became acquainted with the employed emp loyes of the place he lie made no effort to conceal himself richardson wanted to know why wily it was that with plenty of opportunity to kill enberg on ono one of the governors trips to his sheep ranches orchard had decided to use a bomb in the city well I 1 got g ot disgusted with myself at not being able to get him so ISO I 1 finally decided to use the bomb and get gel rid of the thing and get away sat said orchard but you look the materials for a bomb when you first went to cala well yes sir and you intended to use a bomb from front the first I 1 1 yea yes sir if the tile opportunity offered attorney richardson jumped over the details of 0 placing the bomb at the residence dence picking the witness up at the point where he began to run back to the hotel after seeing Steu approach the place of his death you were warm warin and excited when you reached the hotel you 1 I was warm I 1 tried not to be excited you nero ere calm enough to help abo bartender tie up a bundle 1 I held my finger on oil the string while he tied up the parcel the cross examination here digressed to a plan orchard conceived to ride a short distance on a train with enberg and st the bomb in a grip under the governors seat with the paraphernalia all ready orchard got aboard the train one day but missed it the tact fact that others in the car would have been killed in the explosion orchard said did not appeal to him returning to orchards actions after the assassination ot of richardson Richards crl wanted to know if tho the witness had y gone to his room an and d bedr pow powder dell and plaster of paris about the place no sir I 1 did not replied orchard in a positive manner he said he came back to the hotel with the idea of cleaning up something in his ills grip what was in it some cayenne pepper potash and acid what were you doing with the pepper popper 1 I had it to put puts in my shoes when necessary so as to prevent dogs taking up my trail the th examination again digressed to show that white while he was ln n spokane orchard called on attorney fred miller now associated with tho the defense and employed him to sue the railroad for detaining his trunk which had been lost in transit he gave sillier millor a power of attorney orchard made no attempt to leave caldwell the night of the explosion but slept as usual in his room at the saratoga hotel the next day stin sunday ho he was suspected and placed under parole monday ho he was arrested the first attorney orchard saw was J J sullivan of denver sullivan had acted once for orchard in in a civil case in denver sullivan suggested that orchard have a local attorney you tell sullivan you knew an attorney named miller in spokane 1 I said I 1 had lad received a telegram from 1 miller sullivan wired miller to come on and he reached caldwell something more than a week weel after the arrest orchard remained in the caldwell jail eighteen days and was then brought to the penitentiary here in boise richardson here attempted attempt eil to show the coercion of orchard through soil soll tary confinement whore where were you put when you reached the penitentiary he lie asked in the now cell house 11 what sort of cell A steel cage 11 with solid walls the walls were solid the front and door were barred you were in solitary confinement 1 I dont know what you call it were you taken to tho the penitentiary with your consent no sir mr were you advised is as to your rights about being confined in the penitentiary no sir they tell you where they were taking you 11 no and after being put in the cell you were not allowed to speak aspea to any one yes sir air I 1 could speak to the man in the next cell and to the guard in front you seethe see the man next door could you yea yes when he lie went vent out in front who was the man next door lanb bob wedder A condemned murderer yes 11 and for the most part the guard outside your cell sat silent 11 no sir he HO spoke a good deal to th taft q man next door and he spoke to me often where were your meals served 1 in tho the cell they were passed in to you the same saute as to tho condemned murderer yes str mr the tile door was opened and the meals were handed in orchard said his cell was 5 by 7 i feet you were not allowed to exercise or lease your cell no sir not at fit first 1 and you were not allowed to read yes sir I 1 had new books from tho the library no newspapers no sir 11 now after you had been in confinement ten days who first came to see you air mr did you ju kno know whim him that he was a pinkerton not until that time so he be came and sat outside your cell door no sir I 1 was taken to the tile clerks office and saw him there orchard said he complained to about being placed in the penitentiary he ile told the detective the authorities had no right to put him in the penitentiary as he lie had not been tried or convicted did talk to you about your past life yes sir and his past life yes sir str the molly maguires no sir not at first did he first talk of the bible no sir not at first we did talk later iter about the bible and told you about abo ut kins king david who was a murderer had repented and become a man a after Godi jor hearty hebold lie He told mo me abbat kingda King David vid aj yes sir and about what a bad man st paul was we talked about st paul yes sir and about david killing uriah and stealing his wife he ile told me D david avid had been a murderer and had gotten forgiveness hero here at least the heart oe of the criminal was tou touched clied the thick armor wag was pierced tears welled to orchards eyes he shook them oft off and wiped the stains away with his ills handkerchief but orchard did not hesitate with his replies they came as promptly as ever and he lie soon regained control of himself when richardson plunged into a line of questioning intended to develop what had told him orchard concerning the story of the molly mcguires maguires McGui res in the anthracite coal fields of pennsylvania orchard ald had lidd told him hint a good deal about the lawles lawlessness of the molly mcguires maguires McGui res did ho lie tell you about kelly the bum it yes sir and that kelly had committed many murders but turned states evidence and escaped punishment he ile told roc ine ho he was a witness did he tell jou you he lie had promised to protect kelly and nd had kept his ills word no bir and that after the trials he gave kelly 1000 on which to leave the country no sir what amt did he tell you ho ile said a subscription had bad been taken up and or contributed tor for kelly and that ho he was allowed to leave the country yes yee sir and that kelly had reformed and become a good citizen 1 I think he said kelly never did reform did he tell you about a man named kerrigan getting oft off for testifying no sir orchard said that when he lie was first introduced to the detective wanted to know it if the prisoner bc be ildved in god 1 I had been thinking about euch such things said orchard said I 1 had something to do with the murder of and that I 1 had been at the headquarters of the western federation of miners continuing his ills questions about the molly mcguires maguires McGui res richardson wanted to know it if had told orchard of a man named muff lawlor kawior no sir said orchard tell you that up to the time he lie was sent into the anthracite coal al fields there had bad been but three murders there but after he lie became a member of the miners union and the molly folly maguires mcguires McGuI res there were twenty or adre no sir air said sald orchard before the witness was allowed to answer the question ho however waver chere here came a t protest from attorney hawley for the state who declared that no latitude of cross examina tion gave counsel the right to put an imaginary conversation into the mouth of a witness and thus prejudice trie jury the fact of denials of any such stich conversations richardson in reply declared that orchard had leei beell fitted for this examination was an accomplice anda and a master criminal but was now to help tile state if hero thero has been boon influence or inducement du cement as to securing chis evidence we have a right to inquire it the attorney concluded judge wood said he would allow tho the widest latitude tell you that ev cry erv man of the molly folly mcguires maguires McGui res who turned states evidence was allowed to go free 1 I dont know that he did some of them eca escaped pd did he promise you or it if you confessed and involved others no sir he did lid not but that was the impression left upon you 1 I dont know that there was any impression that I 1 doubted the truth of what he lie told me about themen tho men richardson took orchard back io to his homo horne in canada and asked it if he had 11 not bee been connected with a sunday school orchard replied in the affirmative but paid faid he lie had never been a superintendent the witness said he often went to church as a young vung man to quaker meetings with his parents and to the methodist church with his first wife did you belong to the church when you ran away with another mans wife and sold short weight chee cheese geI no sir did you ever parade with the salvation army no sir orchard said sald told him hint he was something like kelly the bum and that kelly had gone free after began to visit him orchard liard remained in the samo sawo cell but his food was served from tho the guaida kitchen hitchen not the ordinary ordina rj prison fare did you ever hear McP arlanA uso use profane language yes sir and tell bible stories at the same time 1 I heard him tell bible ible stories too you had heard them before 1 I had read the biblo some but had forgotten it I 1 orchard said told him ho he was in a position to do tho the state a great deal of good and that the state usually acted fair with its witnesses and you felt you were safe it if you helped the state 1 I was in tit doubt as is to what he told me me about the state using its witnesses so well it leave an impression on i you at it may hive have I 1 thought of it some orchard said McP arlond offered him cigars but he lie did not smoke it was on the third visit of the detective that orchard began to tell so something of 0 his ills past life v did he tell ell you your attorney had deserted you and that the state could you either way if wanted to no sir you given orders not to ad admit mit your attorney had you no orchard said sald offered him hint he lie believed the western federation of miners was responsible for the murder of and many other crimes he ile told you you were just a tool he yes sir he ile said he knew I 1 was guilty of tho the enberg murder and ind that others were nvere connected with me nie orchard dec declare lareAl that his talks with Me may have induced h him tin to tell his story eailler than ho he otherwise would have done but he had made up his big mind to do it 1 I want to live itye any longer in that way he went on and I 1 was tempted to put myself out of the way but you changed your mind after talking to and wanted to save yourself by putting the crime on oil somebody elsler else no INTO sir I 1 bad had no thought of getting out of it by laying it on anybody else I 1 began to think about my past life and the unnatural monster I 1 had been and I 1 care much what happened to me I 1 was afraid to die too for I 1 came to believe the grave did not end it all it was alter after 1 I received a bible from a missionary society in chicago that I 1 came to the conclusion that I 1 would be forgiven if I 1 truly repented and made a clean breast of it all and I 1 have never been in doubt from that monte moment nL several times attorney richardson attempted to stop orchard in bis big dra ira malic matic recital but he aas A as prevented by attorney II awley when orchard paused at last attorney richardson said bald did help you on this speech no sir replied orchard 1 calmly orchard said he once told stevend steve ad ams in the penitentiary that if anything happened to him to rip a letter from where lie had it sewn in bis big vest and send it to his brother 1 did you tell adams you were going to to commit dewith the tile crystal of your |