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CONSTITUTION, U.S. CLAUSE 2, SEC. 2, ART. IV: - “A person charged in any state with treason, felony, or other crime, who shall flee from justice and be found in another state, shall, on demand of the executive authorities of the state from which he fled, be delivered up to be removed to the state having jurisdiction of the crime.”

REVISED STATUTES, U.S., SEC. 5278: - “Whenever the executive authority of any state or territory demands any person as a fugitive from justice of the executive authority of any state or territory to which such person has fled, and produces a copy of the indictment found, or an affidavit made before a magistrate of any state or territory, charging the person demanded with having committed treason, felony, or other crime, certified as authentic by the governor or chief magistrate of the state or territory from whence the person so charged has fled, it shall be the duty of the executive authority of the state or territory to which such person has fled to cause him to be arrested and secured, and to cause notice of the arrest to be given to the executive authority making such demand, and to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he shall appear.”

PEOPLE VS. HYATT, 188 U.S. 691: -- “ We have found no case wherein it has been held that the statute covered a case where the party was not in the state at the time when the act is alleged to have been committed. We think the plain meaning of the act requires such presence, and it was not intended to include as a fugitive from the justice of the state one who had not been in the state at the time when, if ever, the offense was committed, and who had not, therefore, in fact fled therefrom.”

Mr. Borah, associate counsel for the prosecution, made the startling confession that “It was necessary to proceed summarily, and in the manner followed by the officers of the two states, in order to get the prisoners within the jurisdiction of the courts of Idaho.”

Extract from letter written by Gov. McDonald of Colorado to J.C. Lamb, Dryden, Mich.: “There are United States laws governing this matter, but aside from this, the governors of the various states, at a convention held several years ago, adopted rules which are much more stringent than the United States laws, and which are followed by most of the governors, and this state is particular that these rules be followed in all their details.”

Moyer, Haywood, and Pettibone were not fugitives from justice; they were dragged away from their homes and families in the dead of night – carried by a special train to a foreign state.


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Front page 12/31/1907

Ex-Governor of Idaho Was Killed With Dynamite Blown Up by a Bomb as He Entered the Gate of His Own Home. Charge Laid to Murderous Strikers Whom He Prosecuted During His Term of Office. The State Offers Large Reward.

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The Idaho Daily Statesman
Boise, Idaho Sunday Morning December 31, 1905


Deadly Bomb Placed at His Gate and Exploded Upon His Entrance


Right Arm Practically Blown Off and Both Legs Horribly Mangled


Small Clue to the Perpetrators of the Dastardly Crime – Authorities Searching for Two Suspects – No Cause Known for This Dreadful Deed – Many People Believe That It Is a Result of His Firm Stand for Law and Order at the Time of the Reign of Terror in the Coeur d’Alenes in 1899 and That the Ex-Governor Has Fallen Victim to Lawless Element That Ruled There – Governor Gooding Offers Reward of $5000 for the Murderers.

Former Governor Frank Steunenberg lies dead in his home in Caldwell, the victim of a dynamite outrage. He was killed at 6:45 last night as he was entering his home. The story of the dreadful crime, in brief, is as follows: The governor was entering the yard of his home by the back gate at the hour named when a terrible explosion…

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Special Dispatch
Caldwell, Dec. 31

Man Hunt in Charge of Sheriffs of Nichols and Moseley – Murderer Believed to Be in Town

Excitement incident to the terrible tragedy of last night, the murder of ex-Governor Frank Steunenberg, has not abated. At sunrise citizens began flocking to the scene of the explosion and it became necessary for Sheriff Nichols to post deputies about the Steunenberg ground to protect the property and to prevent people from obliterating tracks and marks, by which it was hoped some clew of the nature of the ex-…

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Considers His Sweatbox Experience as Rather a Joke

A special representative of the Statesman who was in Caldwell Sunday interviewed the man known as M.J. Hogan at the Saratoga hotel immediately after he had returned from a preliminary examination in the office of Judge Frank J. Smith, having been suspected of having a hand in the assassination of ex-Governor Steunenberg. The man was perfectly cool and collected, talked freely and seemed to regard his recent sweatbox experiences as a big joke.

“Of course,” he said, “I can’t blame the officers for hauling me up for a quizzing bee. It’s probably their duty, but it’s rather humiliating. They didn’t seem to take stock in all my story, probably because I didn’t have the goods to prove all the facts, but I guess they’ll be satisfied when I show them the evidence. I’ve got a working contract with the Mutual Life Insurance company out of the Denver office.”

“Are you working for that company here?” was asked.

“No-o-o,” was the answer hesitantly, “not exactly.” Then came a pause while the man bit off the end of a fresh cigar and lit it. Then he re-…

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Denver, Feb. 17

Late tonight, Charles H. Moyer, President of the Western Federation of Miners, and William Haywood, secretary, were arrested on a charge of complicity in the murder of former Governor Frank Steunenberg of Idaho. The arrest was made at the request of the Idaho authorities and an officer is here from Idaho to take the men to that state.

The forgoing telegram is a denoument, which has been expected for several days, although just the exact nature of what the news might be was not known. The detectives who have been working upon the Steunenberg murder case for weeks have of late hinted that their deductions pointed to evidence that would soon result in some sensational disclosures.

The detectives have guarded their information well and the news of the arrests of last night came as a complete surprise to all but those who have been working on the case. While the detectives have not as yet given information…

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A Mysterious Stranger Arrested in a Caldwell Hotel

Caldwell, Idaho, Jan. 1. The officers believe they have one of the men responsible for the assassination of ex-Gov. Steunenberg.

He is one of those who have been under suspicion. This man registered at the Saratoga Hotel three weeks ago as H.J. Hoglan, giving his address as Denver. A year ago he stopped at the Pacific hotel, registering as Thomas Hoglan. A search of his room at the Saratoga hotel resulted in the discovery of an overcoat and some other rough clothing; also some fish lines similar to the pieces found at the scene of the explosion, supposed to be…

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“The state of Idaho will pay $2000 for the capture of Jack Simpkins, wanted on charge of the murder of ex-Governor Steunenberg.” That was the statement made last evening by Governor Frank R. Gooding. This offer doubles the original reward for the capture of Simpkins.

It was stated last night by the officials, and their belief is based upon reports from the north from parties who have been searching through the various camps in the Coeur d’Alene district for days, that Jack Simpkins is still in hiding.

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To Tell Worse Tale Than Orchard.

Sworn Confession Bears Out Story of Murders by Union’s Orders.

Surpasses in Revelation of Blood Crimes Facts Already Shown.

Partner of Federation’s Official Assassin Will Follow Him on Stand.

(By the Associated Press -- P.M.)
Boise (Idaho) June 9 – Steve Adams, another prisoner witness for the State, in the case against W.D. Haywood, is now on his way to Boise, coming from the jail at Wallace, where he is held pending trial…

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Union Lawyers Try to Involve Mine Owners But are Baffled by Orchard

Professional Assassin Remains Unshaken by Guileful Ruse of Federation’s Counsel, Calmly Relating in Minute Detail Connected, Consistent Story of Outrages He Perpetrated at Behest of Laborite Leaders

(By the Associated Press – P.M.)

Boise, (Idaho), June 10 – Into the further cross-examination of Harry Orchard today, counsel for William D. Haywood repeatedly threw the suggestion of a great counter conspiracy, formulated and carried out by the enemies of the Western Federation of Miners, and indicated a determination to construct their main line of defense on that field.

They carried Orchard by slow steps and through the most minute details of the dynamiting of the Independence depot, down to the attempt on the life of Fred Bradley and his family, and in addition to a series of particular attacks upon the credibility of the witness and the general probability of his stories, and preparing the way for…

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Recites Long List of Almost Incredible Crimes at the Boise Trial


Witness Admits He Pulled Wire Which Blew Up the Independence Stations And Killed Two Men with a Bomb in the Vindicator Mine at Cripple Creek.


And Killed Two Men with a Bomb in the Vindicator Mine at Cripple Creek

Special to the New York Times Boise, Idaho, June 5.

For three hours and a half today Harry Orchard sat in the witness chair at the Haywood trial and recited a history of crimes and bloodshed, the like of which no person in the crowded courtroom had ever imagined. Not in the whole range of "Bloody Gulch" literature will there be found anything that approaches a parallel to the horrible story so calmly and smoothly told by this self-possessed, imperturbable murderer witness.

Orchard in his first day on the stand told the details of these crimes. In 1906 he with another man placed a bomb in the Vindicator Mine at Cripple Creek, Colorado, that exploded and killed two men. Later he informed the officials of the Florence and Cripple Creek Railroad of a plot of the Western Federation to below up one of their trains, because he had not received money for work done for the federation. He watched the residence of Gov. Peabody of Colorado and planned his assassination by shooting. This was postponed for reasons of policy. He shot and killed a deputy, Lyle Gregory, in Denver. He planned and with another man executed the blowing up of the railway station at the Independence Mine at Independence, Col., which killed fourteen men. He tried to poison Fred Bradley, manager of the Sullivan and Bunk Hill mine, then living in San Francisco, by putting strychnine into his milk when it was left at his door in the morning. This failed, and in November, 1904, he arranged a bomb which blew Bradley into the street when he opened his door in the morning.

Orchard Entirely Untroubled

Orchard spoke in a soft, purring voice, marked by a slight Canadian accent, and except for the first few minutes that he was on the stand he went through his awful story as undisturbed as if he were giving the account of a May Day festival. When he said, "and then I shot him," his manner and tone were as matter-of-fact as if the words had been "and then I bought a drink." There was nothing theatrical about the appearance on the stand of this witness, upon whose testimony the whole case against Haywood, Moyer, and the other leaders of the Western Federation of Miners is based. Only once or twice was there a dramatic touch. It was a horrible, revolting, sickening story, but he told it as simply as the plainest narration of the most ordinary incident of the most humdrum existence. He was neither a braggart nor a sycophant. He neither boasted of his fearful crimes nor sniveled in mock repentance.

It was just a plain recital of personal experience, and as it went on, hour after hour, with multitudinous detail, clear and vivid here, half forgotten and obscure there, gradually it forced home to the listener the conviction that it was the unmixed truth. Lies are not made as complicated and involved as that story. Fiction so full of incident, so mixed of purpose and cross-purpose, so permeated with the play of human passion, does not spring offhand from the most marvelous fertile invention. Touching continually points on which there can be controversy, Orchard explained acts whose motive until to-day had been hidden, whose purpose had remained a mystery. And while he talked the half-stifled crowd in the packed courtroom was so quiet that his soft voice penetrated to the furthest corner.

Haywood's Unwavering Attention

To Haywood the story was of vital interest. He sat with his lawyers surrounding him in such position that he could fix his gaze on Orchard uninterruptedly, but so placed that only those very near his chair could see his face. From first to last he gave unwavering attention, and when occasionally Orchard turned his eyes on his old comrade, whom he was denouncing as a procurer of assassination. Haywood met them squarely and unflinchingly.

Mrs. Haywood sat beside her husband all day, but their daughters did not come to court until afternoon. Haywood's mother, Mrs. Crothers, and his half-sister, Miss Crothers, sat near his wife. Mrs. Crothers is a pleasant-looking, spectacled old lady, whose black hair is strongly tinged with gray. The lower part of her face much resembles that of her son, except that the mouth is better matured, with corners that turn up instead of down. Mrs. Steve Adams and Mrs. Pettibone, with Mrs. Haywood's sister, were in court all day, and seemed especially aroused at those parts of Orchard's story which involved Adams and Pettibone. Whenever Orchard told of Adams being drunk, as he did on several occasions, Mrs. Adams smiled as if it were a joke.

The courtroom was not even filled when Orchard was called to the stand. It was known that he had been brought in from the penitentiary last, and would not come in until the afternoon session. When court opened at 9 o'clock Senator Borah went on with the line of proof he was developing yesterday afternoon, and summoned several hotel keepers to prove that Orchard and Jack Simpkins had been together at Caldwell and other places near there in the Fall of 1905, before the Steunenberg murder. Men from Caldwell, Nampa, and Silver City identified their registers and, the signature of Orchard and Simpkins, or Simmons, as he sometimes called himself.

Then a young bank clerk from Wallace came on, who told of having taught Simpkins to write. He identified as that of Simpkins the photograph which was identified yesterday by two or three men as that of Simmons, thus establishing that the Simmons who was with Orchard at Caldwell before the murder was in fact Jack Simpkins. He also identified as the writing of Simpkins the signatures of Simmons in the different hotel registers. When the bank clerk was excused, Senator Borah remarked casually, as if it was a matter of no particular interest, "The next witness will be here in a few minutes."

Orchard's Entrance

Of course that was Orchard. A rustle went through the courtroom at the announcement and there was a general shifting of seats to get down as near the front as possible. The day was warm and the room was hot and stuffy, but those who had the lucky seats near the windows cheerfully gave them up for the chance of sitting nearer the witness chair, that stands directly in front of the bench facing the jury. It is between the two long tables which stand one at each side and in front of the jury box for the accommodation of the lawyers.

In front of the witness chair, and almost touching it, are the tables of the stenographers, separating the lawyer’s tables. This places the witness some fifteen feet from the front row of jurors and about half that distance from the lawyers. Haywood sits at the end of the table used by his attorneys, almost within arm's reach of Juror No. 6.

Orchard had been kept over night at Hawley's office, under guard of Deputy Sheriffs, penitentiary guards, and detectives. They had not expected the summons for him so soon, and it was about ten minutes after Borah's announcement that he reached the Court House, having been brought up in a carriage surrounded by guards. He was brought up from the Sheriff's office by the back stairs built especially for this trial. The crowd had been craning their necks to get a better look at the door, and twisting from the main entrance to the side door, uncertain at which Orchard would appear. Darrow, Peter Breen, the new lawyer sent down to help the defense by the Butte unions, and Mrs. Crothers were chatting together over some amusing subject that brought smiles to all their faces, and Haywood was busily talking with Richardson and Nugent, when the side door, which had been opened, was closed from the outside and everybody knew that Orchard had arrived.

"Call Harry Orchard." said Senator Borah. The side door opened and Ras Beemer, the gigantic Deputy Sheriff who has charge of the prisoners at the jail, entered, followed closely by Orchard, behind whom came four or five guards and detectives. Instantly there was a movement in the back part of the courtroom. Several persons rose t their feet to get a better look and several started forthwith toward the rail which separates the bar enclosure from the body of the room. There had been so much talk of a possible attempt to do harm to Orchard when he should come on the witness stand that the guards and deputies were on the alert to check the first indication of any such thing. As the spectators rose in the rear of the room, two or three of the deputies jumped toward them with outstretched hands.

Deputies Keep Order

"Sit down!" shouted one of the Deputies in a voice that carried clear beyond the Court House lot. There was a ring of earnestness in the command that made it obeyed on the instant, and at once the courtroom became entirely quiet. Meantime, Beemer and Orchard had marched on in the gate in the railing by the witness chair. Beemer opened the gate and let Orchard through. Then he dropped the bar again and stood outside the rail. For a moment Orchard seemed dazed and uncertain what to do. He turned partly toward the defendant's table, but his gaze did not meet Haywood. The clerk was standing with uplifted hand waiting to administer the oath, but Orchard did not see him.

Beemer reached across the gate bar, took Orchard by the shoulder, and turned him half around so that he saw the clerk. Mechanically he raised his right arm. The forefinger was held straight, but the others were closed. His face was deadly pale and his lips twitched nervously. He was plainly under a great strain. But he responded to the oath in a clear voice, climbed up into the high witness chair, and sat down with evident relief.

Every eye in the courtroom was on him. Haywood's lawyers were learning forward to get a better look and between them Haywood crouched down so that he was concealed from all except those directly in front of him, stared with a look so fixed and hard that it seemed as if it would bore through Orchard. Every juror was staring hard at Orchard, most of them sitting forward on the edge of their chairs as if they half expected some desperate thing to happen then and there. The moment that Haywood appeared and from then on to the end of the day, no feature of the awful story he related affected him so as to alter his demeanor or shake his composure.

He told first the story of his birth in North Cumberland County, Ontario, forty-one years ago, and gave his true name as Albert E. Horsley. He has used the name of Orchard for eleven years, ever since he came to the United States from Canada. Why he came or why he changed his name was not brought out, although the reason for both must have a bearing on the subsequent career he led. He was a cheese maker in Canada, and when he came to this State from there he drove a milk wagon for a time and then owned and ran a wood yard up in the Coeur d’Alene’s.

What had happened to predispose this follower of such peaceful occupations to the life of atrocious crime he afterward led has not been disclosed. From giving these details of his uneventful, law-abiding existence, he went on to the narration of the most astounding stories of murder and assassination ever told in a courtroom, at least since the days of the Mollie Maguires. He began it, by his own admission, within a month after selling his wood yard and joining the Miner's Union at Burke.

No reason of compulsion or solicitude by the leaders of the union was shown for that crime. Apparently he committed it for the pure love of it. It did not involve bloodshed directly, as most of the later crimes did, but it was the sure forerunner of such. It was the blowing up of the Bunker Ill and Sullivan Mill at Wardner, on April 29, 1898, the crime that led to the military campaign in the Coeur d'Alenes that summer, and laid the foundation for the murder of Steunenberg. Simply, directly, in his quiet purring voice, Orchard told of the special meeting of his union called that morning, of his own attendance, and of the argument between Paul Corcoran, the Secretary, and Bill Devery, the President, over the proposition to go to Wardner and destroy the mill "and hang the Superintendent." By a bare majority vote, he said, the Burke Union decided to go. It was when he came to the blowing up of the mill that he confessed his first crime. Three fuses were laid.

His First Admission

"Who lit them?" asked Hawley. "I lit one," replied Orchard calmly, "I don't know who lit the others." A gasp of astonishment came from all over the courtroom. The crowd had been expecting to hear a tale of murder and killing, but somehow it seemed to have expected something different in the telling from this, and was not prepared for this sudden, simple, undemonstrative announcement. It came so quietly, so unexpectedly that it took the breath away.

Richardson fought vigorously to keep out the story. He objected at every point, protesting that there was not a thing in all this to connect Haywood with the murder of Steunenberg, and doing his best to limit the story of that tragedy. But Hawley and Borah beat him every time. Not the murderers of Steunenberg alone are on trial now, but this inner circle of the Western Federation of Miners, and not only for the Steunenberg killing, but for the terrible list of bloody crimes that Orchard went on to give. "On what theory can it be shown that Haywood was responsible for all of this?" cried Richardson, "when he was not connected with the Federation in an official capacity until more than a year afterward?"

"The theory of the State is that out of this trouble grew the feeling against Steunenberg which prevailed in the inner circle when Haywood later became a member of it," replied Senator Borah, "the feeling which directly caused that murder. Haywood became a partisan of the Western Federation and had that feeling, and on that we shall show his responsibility."

State Wins on Rulings

The State won. It won on every contest and in the end it became simply a matter of formal making of the objection and noting of the exception to the adverse ruling. It became apparent that Judge Wood had studied for himself the question of the admission of this evidence. He had foreseen what the State would attempt to do, and had prepared himself in advance for the rulings he would have to make. To his mind the only question was as to whether all this testimony would be connected directly with Haywood and the Steunenberg murder. Hawley and Borah assured him that unquestionably it would be so connected and he admitted it. That was the first great legal obstacle to be overcome by the State. The manner in which it won today justified the presumption that the question of the admissibility of its evidence as to the general conspiracy it charges has been settled in its favor.

As a point bearing on the motive for the Steunenberg murder Hawley brought out part of Paul Corcoran's argument in the Burke union meeting on the morning of the destruction of the Bunker Hill and Sullivan Mills. "Corcoran said that there would be no trouble with Steunenberg." said Orchard, with the manner of one who recalls the incidents of a picnic of last week. "He said the unions had always supported Steunenberg and owned him. We only had to look out for the regulars."

Steunenberg's Murder Planned

It was their disappointment at the failure of Steunenberg to live up to this estimate of him, the State contends, that led the inner circle men to plan his murder. From the account of that day and his flight from Burke and the regulars, Orchard went through the story of his wanderings in various mining districts in Utah, California, Nevada, and elsewhere for three years or more, until at length in July, 1902, he reached the Cripple Creek area. He worked for men whose motives he did not concern himself about. They set his tasks and he executed them, and there was never a question because high or low, great or small was marked for death; when the quarry was named he set out on his work, and when it had been accomplished he reported his successes.

That was all, he took the commendation of his employers as it came, all in the day's work, and neither strove neither to merit it nor to avoid their condemnation. It was money he worked for, and very little of that. The astonishing tale is utterly incredible, and yet there is that in the manner and bearing of the teller that stamps it as true. What motive he has for telling it now has not yet been disclosed. He told me a few weeks ago at the penitentiary some facts about his life since his arrest for the Steunenberg murder which afford a reasonable explanation.

Tries to Atone

He said that a man who had done a great wrong in his life could never hope to atone for all of it, but he believed that he ought to do what he could to set matters as far straight as possible. He told me that in just the same simple matter of fact way that he told his gruesome story to-day. I believed him then.

Today he forced on me the conviction that he was telling what had happened as it occurred. He has got beyond caring what comes to himself as the result. He does not even attempt to shield himself in any of the details.

He simply narrates an astounding and incredible series of events, in telling what this or that man did or said and what he himself said and did, with just the same monotony of narration as if he were recounting the uninteresting incident of his life as a cheese maker in Canada ten or a dozen years ago.

So it was when he told of the blowing up of the Vindicator shaft at Cripple Creek and the killing of McCormick and Beck, manager and shift boss of the mine. So it was when he narrated the attempt he made to blow up Bradley in San Francisco on the old grudge held against him ever since 1899 because he was owner of the Bunker Hill and Sullivan mines; so, too, it was when he described the ghastly massacre of non-union men at the Independence Depot because Haywood thought it necessary to get up some excitement to prevent a split in the Federation.

He told of putting strychnine in the milk left on Bradley's doorstep as if he had described changing the bottles for four pails of ice cream. He told of pulling the wire that exploded the bomb at Independence as he might have told of hauling a fish out of the water. There was never a change in color in his ruddy face as these stories of murder fell from his lips. Not even the tale of the killing of Lyle Gregory, the drunken Deputy Sheriff whom he followed about the streets of Denver in the night and shot in the back, brought a quiver in his voice or a tear to his eyes. Never a man like this sat in the witness chair before.

Haywood the Master

Through all the story ran the names of the men for whom he worked and those who helped him in his wretched tasks. Haywood as the master. It was he who gave most of the orders. Pettibone, too, gave directions, furnished money, and once started out as if to help, but made excuse and turned back. That was in the Gregory murder. Haywood was the source of the money. Even what Pettibone gave him came from Haywood. Moyer he named occasionally, but not often. Moyer knew of some of the crimes, for he talked to Orchard about them and joined in Haywood's declaration that this or that "was a fine job."

But Haywood was the master, with Pettibone as the chief assistant, and then there were W. F. Davis, the old Coeur d'Alene comrade, and Sherman Parker and Charley Kennison of the district union, with W. B. Easterly Financial Secretary of Orchard's own union. Parker is dead now, shot a little while ago in Goldfield.

The defense professed to be pleased with the story as one that disproved itself. The prosecution, however, is sure it can be corroborated. Without question it produced a tremendous effect, and throughout its recital there ran a growing conviction of its truth.

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Orchard’s Confession One Long Recital of Remorseless Criminal Acts.

Paid by Leaders of the Western Miners’ Federation, He Kills, Poisons, or Blows Up Men Against Whom He Has no Personal Grudge – Murders at the Orders of His Organization.

(By Direct Wire to the Times.)
Boise, Idaho June 5 – (Exclusive Dispatch)

Harry Orchard, otherwise Albert E. Horsley, assassin extraordinary told his story today…

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Hawley Bares Union Murder Clique

Chief Prosecutor Sums Up Damning Facts Against Federation Heads.

Opens Idaho’s Accusation of Criminal Conspiracy by…

…personal purposes and criminal methods, but have also from it retained the best legal talent to defend those of their number charged with crime.”

After retelling the story of the Caldwell crime, the arrest and the confession of Orchard, and part of the history of the Coeur d’Alene trouble, Mr. Hawley said:
The original proposition and theory that the power of this federation -- of the ‘inner circle’ at least of the federation – could best be perpetuated by the murder of those in official life, or in private situation, ran counter to their interests, became intensified seemingly after these gentlemen assumed the entire control.

“The ‘inner circle,’ composed as it was of this defendant and his co-defendants to a great extent, brought around them a few choice spirits and to them murder became trade and assassination a means of living.


“We will show, gentlemen, that a scale of wages was even devised, fixing the amount to be paid for different crimes by this ‘inner circle’ to par-…

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The Sun. St. John, N.B. Monday, July 29, 1907

Boise, Idaho, July 28. Into the bright sunlight of a beautiful Sabbath morning, Wm. D. Haywood, secretary and treasurer of the Western Federation of Miners, walked today, a free man, acquitted of the murder of former Governor Frank Steunenberg.

Probability of acquittal was freely predicted after Judge Fremont Wood read his charge, which was regard…

Members of counsel and with the prisoner himself, in thanking with many evidences of sincerity the twelve citizens of Idaho who had heard the evidence and rendered their unalterable opinion. Mr. Richardson, too, hastened to dictate a statement in which he declared that his client had had an absolutely fair and impartial trial and that Idaho had indeed reason to be proud of herself.

Haywood’s first thought was of his aged mother, who yesterday suffered a nervous breakdown after the jury had retired.

Leaving the court room in company with Attorney Nugent, Haywood walked to the jail portion of the building, shaking hands as he went with guards, employees, and friends. He bade fare-…

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Denver, Colorado, Wednesday, March 18, 1908

Orchard Sentenced to Hang But Recommended for Pardon

Caldwell, Idaho March 18

Judge Wood today sentenced Harry Orchard to be hanged on May 15, on his plea of guilty to a charge of murdering ex-Gov. Steunenberg.

At the same time the judge ordered attorneys for Orchard to prepare a petition for a pardon and commutation of sentence and present it to the state board of pardons, together with a judicial recommendation that the sentence he had just passed be set aside.

The decision of Wood that Orchard deserved a pardon was mingled with an abstruse legal argument that there was an equitable right for a criminal who confesses to obtain clemency.

He declared that he believed Orchard had told the whole truth, and that, despite the verdict of the jury, Haywood, Pettibone, and Moyer were guilty of all charges against them.

He said that the verdict of the jury was not that the men were innocent, but that the state had failed to prove their guilt. He said that inasmuch as Orchard had confessed his crime and the men he had accused as accomplices had escaped, Orchard should also be freed.

Orchard wept in the court room and in a statement repeated his former assertions that he had confessed without any promise of immunity. He was then sent back to the penitentiary.

It is freely predicted that the board of pardons will first commute the sentence and very shortly pardon Orchard.

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Mrs. Steunenberg is Hoping for Orchard.

She Says Trial of Moyer, Haywood, and Pettibone is Beginning of National Struggle of Government With Labor Unions and Rebellion is Imminent.

(By the Associated Press – P.M.) Seattle, Washington, June 6

A Special to the Post Intelligencer from Walla Walla says: “Harry Orchard has done many wrongs, but I hope that he has repented now that he understands their magnitude, and that he will be given a chance to lead a good, true, and honest life after the present ordeal has passed.”

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Idaho Daily Statesman

Death Claims Convict Harry Orchard

Harry Orchard, who blasted a trail of violence through the West which ended in the 1905 bomb-slaying of a former Idaho governor, died quietly today in the State Penitentiary.

The 88-year old Orchard outlived the other principals of one of the nation’s great court room dramas – William D (Big Bill) Haywood, William E. Borah, and Clarence Darrow.

When he confessed that he planted the bomb which killed Frank Steunenberg, Orchard implicated officers of the militant Western Federation of Miners.

Haywood and an associate were tried for murder and acquitted. A similar charge against a third federation official was dropped. Orchard was sentenced to the gallows, but his sentence was commuted to life imprisonment. He suffered a stroke last spring and was confined to bed for the last three months of his life. He lapsed into a coma Thursday morning, and was given 36 hours to live.

But he hung on stubbornly well past the deadline. Death came at 8:09 a.m. today.

Only attendants of the prison hospital were with him when he passed from a deep coma into death. Dr. G. H. Wahle, prison physician, was called to confirm the death.

Steunenberg was a prosperous sheepman who had twice been elected governor on the Democratic ticket. During labor violence in the rich Coeur d’Alene mining region of north Idaho in 1899, he angered the mine federation by asking for federal troops.

Orchard was working in the Coeur d’Alene mines at the time, but escaped the “bull pens” into which recalcitrant miners were herded. He hiked over the hills into Montana.

When he planted the makeshift bomb which Steunenberg touched off by opening his gate on Dec. 30, 1905, Orchard was posing as Thomas Hogan, a sheep buyer.

Actually, his name was Albert E. Horsley. He was born and reared in Ontario, Canada, but left his wife and child and came west under the name of Orchard.

When first arrested and arraigned, he entered no plea to the Steunenberg killing. He was taken to the penitentiary in Boise, thirty miles east of Caldwell, and interviewed by James McFarland [sic], a Pinkerton detective hired by the state.

After several days of this, he confessed to the Steunenberg murder and a host of other killings and explosions in Idaho, California and Colorado.

He said he was paid for all of them by the federation in its vendetta against mine owners, nonunion workmen and public officials who opposed its views.

Haywood, secretary-treasurer of the federation, was arrested in Denver. Arrested at the same time were Charles H. Moyer, President, and G. A. Pettibone, director, of the mine union.

Darrow, later to be America’s most famous defense lawyer, came from Chicago to assist in their defense. Borah, then newly elected to the U.S. Senate, was an attorney for the prosecution.

The trial drew worldwide attention as a spectacular crisis in the struggle between capital and labor. Haywood and Pettibone were acquitted. The charge against Moyer was dismissed.

After his imprisonment Orchard became associated with the Seventh Day Adventist Church. The Church published a book by the prisoner in 1952 which it claims has converted other convicts to Christianity.

Orchard raised bees and poultry during much of his prison career. He was born March 18, 1866.

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