Jasper County Democrat, Volume 10, Number 15, Rensselaer, Jasper County, 13 July 1907 — ORCHARD’S STATEMENTS DENIED [ARTICLE]

ORCHARD’S STATEMENTS DENIED

How ttie State's Star Witness Caine to Act as Bodyguard. Moyer said he left Chicago that aft- ! ernoon, but that Haywood took the i matter up and opened communication with the union at Sliver City and made arrangements to engage Attorney John Nugent to look after the Interest of the Federation ami defend Orchard, if necessary. The defense produced copies of this co: respomlence and all of it was read into the record. Continuing, Moyer said that Attorney Miller came to Denver about the first ot the following month, bringing with him the record of Orchard's preliminary bearing. Miller went to Denver at the suggestion of Simpkins, so the witness testified, and brought a request from Simpkins that the Federation furnish the large amount of money that would be needed to defend Orchard. Moyer said that he and Haywood conferred with Attorneys Murphy and Miller and subsequently gave Miller $1,500. Moyer denied that he had ever discussed any kind of criminal act with Orchard or any oite else, or that he had ever given him a cent except for expenses on the trip Orchard made to Ouray as a bodyguard for him. He said tliat he had no personal feeling of hostility for Steunenberg, and that there were no circumstances that would make him desire the life of John Neville, whom Orchard testified Moyer wanted killed. Moyer said that Neville came to him after his arrest for alleged complicity

In the Independence station affair and asked that the Federation give him S2OO to reimburse him for the expense that he had incurred in clearing him* self, but this request was refused. Moyrir denied that he participated in the conference, jn Pettibone’s back yard, where Orchard said he, Haywood and Pettibone had discussed va-, rlous acts of violence; denied knowh edge of the subsequent meeting at Federation headquarters, where Orchard swore that the Steunenberg and Neville “executions” were planned; practically every material statement in all of Qrchard’s testimony. Moyer explained that Orchard accompanied him to Ouray because Orchard was going to Silverton, and they made the journey together as a matter of convenience. Representatives of the Federation of Miners had been beaten up by thugs employed by the mine owners, and the witness and Orchard took along cut-off shotguns for their own protection. Moyer swore that his gnn was not subsequently used to kill Lyte Gregory, but that Orchard returned It to the witness after they got back to Denver, and the weapon had never been discharged up to the time Moyer was arrested. TELLS OF TWO ARRESTS Court Won't Let Him Tell About His Alleged Kidnaping. Moyer remained on the stand under direct examination from shortly after 10 in the morning until a few minutes before 4 in the afternoon, and most of the time was taken up with a recital of the witness’ connection with the Federation of Miners. He told a detailed story of arrest at Ouray and his transfer to Telluride, where the military refused to recognize the processes of the courts set in motion to effect his release. He was arrested nn the pretext that he had desecrated a flag by the issuance of a Federation handbill denouncing th? methods of the state officials, mine owners and militia, on which an emblem of the United States flag was reproduced. A copy of this 'handbill was Introduced and then the witness told of the various efforts to secure his release and of his subsequent arrest on the charge that he was implicated in the Vindicator outrage. The defense wanted to prove all the circumstances under which Moyer and his associates were secretly arrested in Denver, denied eommunica tion with counsel and taken to Idaho by special train, but the state opposed It. The court ruled that the circumstances of the transaction were not properly a part of the defense. The defense also attempted to show the political situation in Colorado in 1904-5. how tlie excitement was great, and how Peabody and other state officers were denounced by many beside members of the Federation, the denunciations proceeding to the extent of implied threats of lynching, but the court ruled it out. The direct examination of Mover was completed at the adjournment of court for the day.