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The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, June 19, 1907, Image 5

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Hay wood Winces When i Telltale^ : lskit^^^l^o^ao^^^Bip^;
Missiv-e Shows .Defendant Helped
to HiSe OrcKkrd's Whereabouts
Writes Murderer's Wife at Time* of
Crime That Husband Is in North
Oscar King Davis
BOISE. Idaho, June IS. — This was one |
c. the hardest days that William D. i
Haywood has had in his trial for the |
murder sof former Governor Frank
Steunenberg. The prosecution succeed
ed in Introducing four letters showing
an arrangement between Haywood and
Orchard in. the summer of 1905 by
which the Cripple Creek wife of Or
chard was to -be deceived as to his
whereabouts. One of these letters was
written by Haj'wood himself on the
official stationery of the western fed
eration of miners.
The missive was dated November 18,
1905, anfl told Mrs. Orchard that the
last heard of her husband was that he
was In Alaska. Orchard, In fact, was
at that time In Caldwell with Jack
Slmpkins. arranging the murder of
steunenberg. . The letter was In com
plete accord with the story that Or
chard had told on the witness stand
regarding the arrangement to fool his
wife, and links Haywood up to him at
the very time when he was preparing
to carry out what he declares to have
been Haywood's order to. kill Steunen
berg. !
The introduction of these letters
made a decided impression on the jury.
They sat up and took more notice than
they had for several days, and when
the letters were passed around among
them each man scrutinized them
Harry Orchard occupied the stand
most of the day on redirect and re
cross examination. . He was preceded
by Jasper T. Nichols, sheriff of Canyon
county, who laid the foundation for the
introduction of another letter, the un
signed one which Hawley referred If in
his opening statement.
Nichols was in charge of the jail
v.here Orchard was held on his arrest
at Caldwell, immediately after the
Steunenbcrg murder. He received the
letter for Orchard, opened and read it
and made a copy of it before deliver
ing the original to the prisoner. Or
chard destroyed the original as soon
as he had read it- This morning Nich
ols identified the copy that he had
made and then Orchard testified that he
remembered very clearly the contents
of the letter and that this was an ac
curate copy of it.
Orchard also swore that tbe letter
was from Pettlbon'e, although "it was j
uns:gned. He said "that he was. famil
iar with Pettibone's handwriting, had
soen it often and was sure of it in this
rase. On that showing it was ad
mitted. v,.V' : -
The letter merely acknowledged the
receipt of a letter.
Orchard testified that he had written
to Pettibone for $100 and that ..this
vrss the response. \u0084
While Sheriff , Nichols was on the
rtand^he also identified a telegram that
bad been sent to Orchard from Spokane
after his arrest. Tl^.ls was the mes
sage from Fred Miller, the Spokane
lawyer now associated with the do-"
:>nse. announcing that he' would; start
for CaldweTl thVnexrdaj^' It was dated
January '% ' 1905. U was sent
Orchard had not attempted to com
municate with any one or to make any
srrar.gement for his' counsel: + When
Orchard was recalled this morning he
i!so identified this message and it was
admitted In. evidence. . % : : ;;~.v
Orchard then explained .that. "he, had
often had talks with Mover. Haywood
tad Pettibone regarding his action' -in
case he should ever be arrested. They
had repeatedly warned him not to -write
or telegraph to any of them under any
circumstances, promising to see that a
lawyer -was sent to him at once wher
ever he raightbe.
He also declared that when in Spo
kane with Jack SimpkinB, before go
ing back to Caldwell in the fall of 1903,
he had met Miller and Robertson,' two
of the members of Miller's firm, and
had employed Miller to sue the railroad
company for the detention of his trunk.
He was then going under the name of
Orchard and had not told Miller or
Robertson that be ever used the name
of Hogan. But the telegram from Miller
was addressed to Thomas Hogan.
When Orchard took the stand Rich
ardson began the formal impeachmem
questions which he had been unable to
ask at the conclusion of his cross
examination last week. He explained
that be did not have the information on
\u25a0vi-hich to base certain questions; but
would go ahead as far as he could and
askd the «sthers later when the witness
on whom he relied for the further im
peachment of Orchard reached Boise.
The Idaho law requires such" ques
tions to be in a specified form, -and
Richardson 'could not comply with it
without consultation with his wit
nesses. -He. had the information, how
ever, from six -witnesses on which to
ba.se' his questions. The first was Max
Malich, the boss of Globeville. the Den
ver suburb : where the employes of the
Globe smelter live. Orchard "has""ln
volved MalJch in several of his criminal
transactions and swore that it was
Malich who suggested the blowing up
of the Globerille boarding house,- where
150 rionunlon ( men could' be killed at
once. ! .. -.'.ji .".-,-; . . -
Richardson's impeaching questions
were as to whether ' Orchard had not
said to Malich -In the store at Glojie
ville that v he was going to kill Steunen
berg if be had to swing for It within
24 hours, and that If it were not for
Steunenberg, he. would be a < millionaire,
with an Income of $200 a day. Orchard
denied that he bad ever said any. such
thing, either in substance or effect-
Richardson asked If Orchard had not
paid substantially the same thing to
General Eugene Engley, ex-attorney
ceneral of Colorado, in his office at
Tvionle Creek- Orchard made a similar
denial, as in fact he did to all of the
questions. -\u25a0 - , , \u0084 ",'
The third question was of similar im
nort Vnd Involved an alleged.conversa
tion between Orcbaril and Lottie Dajr in
the Belmont* hotel In Denver.- , Dr. J. S.
McGee of Wallace, and David Coates
were also named.by.Rlchardso^as wit-,
Besses to whom Orchard was alleged to,
have^ade. similar-declarations -regard- ,
irS the' loss Of his interest to the'Her
i tt,<«*» through* the action* of:Gov
ertor Ten^SJ S and; of I his hatred !
of Steunenberg on-that account- \u25a0 --^ :
•Th^v-lfe *'of --Kid? -Waters, ;- whom
Pi^hardson- described: as- tlie ."chief |
hu^o?CrfPP»« ' Creek.:/, was Indicated ;
vJI Riilh ' impeachment:- witness,
)*« the [ that his widow,
f ?h testify that \u25ba' Orchard t came r to j
f'° \u2666 nas« i 3m" two • occasions .* and
IIC vJ to have a' private talk,>-lth the ;
-vfd^ OrSard. declafed^ that ? .he
S£r" saw^aters,: sol far as he^knew.
tl °^wlay took-trD-t»e-arraxx«emeat
{.with Haywood for > the deception-, of I
j the Cripple Creek Mrs. Orchard as to
i her husband's whereabouts. It: was in
1905, Orchard said, when he. and -Hay
wood .talked it over v . - _'\u0084 .
"Haj-wood .told me," the* witness tes- i
tified. "that my wife' had been Nvrlt
ing to him to find out where' I' was.)
I said, that I would write some -letters i
dated at San" Francisco, and. that we i
would give them to Paddy Maioney |
to give to her. Paddy was the rep^j
resentative of the western j federation
In Cripple Creek, looking \u25a0 after thes
giving out of, money and the dlstrlr j
button of relief. . -
"I told Hay wood ; that I. would ; also
write a letter to- her to. be dated -in
Alaska. Marlon Moore, a member of
the executive board, was going/ , to
I Alaska' that summer, and -we-. agreed
that he could take the leter and mail
it from Cape Nome. I left the date
In that letter blank for him to fill
in when he mailed it." > v
Two letters were then shown' to
Orchard and he identified them as the
Jones he had written under the San Fran
cisco date. He said that he had written j
them In Denver and had given them to
Paddy Maioney. The first one was
written in Pettlbone's store and he
talked with Pettibone about it, as well
as about the second one. The missives
were introduced in evidence over the
strenuous objection of the'defense.
And then Orchard identified the third
letter, the one mailed from Nome. The
envelope accompanied that, with the
Nome postmark 3:30 p. M., .August 5,
1905. Orchard said that it was all in
his handwriting except the date. He
thought that he wrote this letter in
Pettibone's store and gave it to Moore
Next came the most Intertestlng and
Important letter of all, tbe one to Mrs.
Orchard from Haywood. Orchard testi
fied to his familiarity with Haywood's
handwriting and identified the letter as
genuine, thus qualifying it for admis
sion as evidence. \
Haywood's face was a study while all
this was going on. He understood as
well as anybody else in the courtroom
the significance and importance of the
connection that was thus established
between him and Orchard at the very
j time that Orchard was busy trying to
kill Steunenberg and he could not help
showing that It was hard for him to
take. The jurors were keenly inter
ested, and when the^jetter was passed
to them, after having been read, they
examined it with minute care and read
it with slow . deliberation.* as, if re
luctant to pass It along.
. IX Is a singular letter. There had not
been a word said by Orchard as to any
place in Alaska. In fact, from the way
in which he spoke always of "Cape
Nome," as if that were the. name of the
place, it was evident that he was very
poorly informed about that territory.
Yet Haywood volunteers the name -of
Fairfield, thereby showing that he, too,
was not- familiar v with- Alaska: - And
then, apparently, just by way of- lending
verisimilitude to his interest," Haywood
adds the Incongruous but significant re
mark that an Vawf ul condition prevails
among the law and order element."
The reading of his own letters was
very hard for Orchard, to take. It up
set him more tban anything that has
occurred to him in the courtroom except
his explanation of his conversation and
his motive for making his confession.
His face changed color several times
and he shifted his glance repeatedly
from the floor to the ceiling and back
Whether it was the disclosure of" his'
deceitful treatment of the woman or
the revelation of the cheap sentiment
he dispensed in the first letter that af
fected him there was nothing to show.
But the incident was about the most
trying to his composure' that has oc
curred in court.
When Orchard was excused Ed Boyce,
the "former president of the western
federation, -who is now a millionaire;
being one of the owners of the Her
cules mine, was called... He is a tall;
thin man with a washed out complexion
and a nervous trick of screwing up his
face as he answers a question. He had
got bravely over looking like the man
who used to talk about the "music of
the tramp "of 25,000 armed miners," as
he dtd when he was urging the' mem
bers of the federation to arm 'them
selves and drill so as -to be able 1 to
fight the militia. Senator Borah exam
ined him to lay the foundation for the
introduction of a lot of articles from
the Miners' Magazine, the official organ
of the federation, which" will be submit
ted tomorrow.
"Inner Circle's*' Concern Over
Orchard's Arrest Shown \u25a0
Letters and Telegrams to
Prisoner Produced
x in Court
i . /\u25a0\u25a0-\u25a0 . ' \u25a0 . ,
( BOISE, Idaho. June 18.— All the mem- -
b'ers of th©. Haywood family were in
their scats near the prisoner when the
case against Wilfiam D.. Haywood was
resumed at 9:SO o'clock this mornins
In the Ada county district "court. .Dur
ing the Intermission since the adjourn
ment on Saturday ; a. large number of
•writnesses have arrived in. JBoise. The
courtroom. was .'only ; about' half filled," •
however, at the time that court'openei.
J.t. Nichols, who was \u25a0 deputy '• sheriff ;of
Canyon county \u25a0 and . in charge \u25a0 of the Jail <at
Caldwell at the. time- of Orchard's arrest 'af lf r
the . uiurdcr . of - former : Governor \ Steunenberfr," !
was the. first witness called. Orchard, . in \u25a0 Ills
statement on , the stand, said - that while , iv the
Jail at Caldwell be received a letter - from . Pet
tibone. .The original of the letter was destroyed
by Orchard, but Nichols ' made . a copy of It be
fore giving It to Orchard.-, • . -" ... :\u25a0' ""
Tbe cvpy of , the letter was -. produced . and
i idpntlaed. . A section -of the original envelope
was also ' produced/. The - letter - was > not read.
Tbe witness said Uiat : It was- not • signed. . :
. MchoU/ testified- that 'Fred- Miller, a ;lawyer
of ' Spokane, . had called '\u25a0\u25a0 ni>on : Orchard * shortly
after vhc was placed "in the Caldweir Jail."
Miller 1« now one ; of the .< attorneys for - : the de
fense ;of • llaywood. -. Nichols > said ' that ' Orchard
had not sent a telegram, summoning Miller,, but
that he bad received a telegram signed "M." i A
copy "of . the . letter was produced ; and - identified
t>.r. tbe •\u25a0 witness. . Mcbols. said "that Miller. hn<l.:
told lilra \u25a0 that ihoney sent to \u25a0 Orchard should lie •
turned over : to Miller as his '\u25a0 attorney. ', •:;: '.-, '\u25a0<,-\u25a0•/\u25a0
'\u25a0' Nichols . was allowed ; to . go ,- without : any. cross !
examination' and Harry Orchard . was called." fi
" ; The . notorious - prisoner c witness .- entered - tbe -
j courtroom ,"„ through 'the i . door S leading \u2666* to • •"'\u25a0 the ;
j-Judge'ij room. * His » appearance? created- none c of ''\u25a0
the 1 Interest * that ; * marked -oiia rfirst entry- Into .
cwirt.^.' lie /'-cane "'in- with s hi* "custrmary* brisk \u25a0 =
etep ; and was .' preceded ; and . followed- by." depu-'.
tion anil "ot men." _ -,; : v * \u25a0\u25a0•\u25a0-•\u25a0"> " •. v
: ?F- F. ; Richardßoniat*. once • began . tbe .ctos*V.
' examination. -. Jit i became • evident ;. that \ the : «!<•-: \u25a0
-tense • proposed* to ' bring 'a." number." of ; . wltt»«^«.'»" \u25a0'/.
to ; prove that -Orchard had T for ; years '. nur«»d sa : ;
vt-hgef ul - Bplte \u25a0 against : Steunenberg - and bad re- h
i b*itcdlx ; osuuie • threats * asalßst ', hlnvsgß^s '
\u25a0~ - \u25a0- - - - ~ - r*-V- ' :\u25a0 - ' . - ".*
"Do j-ou know Max Malich. of Denver?" asked
RleharcUcn. , -'.' . " : ' . T ." V ' '. : "?I;.\u25a0\u25a0 .$ '
. "Yips, sir."'' .' '.. .- ';\u25a0 »•\u25a0 \u25a0 - .-'" *', ': .' ' -- 1 . :
- "DM you in June or' July of s 1905 'say * to ', Max
Mallcb. you and" heVbcing alone,' that you | were
going to ; kill i Steunenberg, even *. if \u2666 you - had to
swinjr for. It?" . .' .r; :;"- ! ":4-* '*'£•>"? i^-f^-V ,"•\u25a0
: "No.'sir;- 1 never had any such [conversation."
Senator. Borah- asked If Richardson' couldn't
place the ti me ' closer ' than J tine , or - July. -; 1005.
•"No man can; fix- the"! exact > day:, of such ian
occurrence." said • Rlcharcson,' ; somewhat' hotly.
~ "We. will have ' Max. Malich here, and beiiaay.
fix it for" you. but It; is -not likely,- that he can
jrive you the day of the conversation,'.' responded
Borah sarcastically. J \u25a0 .
.- "Did you- Bay,,- that C-Steunenbers was ; : a
mean — - — - — — — and : that • had :it - not > been
for Steunenberj: you ' wmild , have i been ?a . rail-,
llottaire, . because * you had \u25a0: owned -a' Bixteenth
share . of " the Hercules mine ' and \u25a0 that . Steunen
berp had driven you out of;tlie state?" - I'-:.
' "No, sir, I \u25a0 never, said any such- thinp.'-' -V>>
Orchard was very "positive in his replies - and
showed no hesitation - - .'
Richardson asked him if lie . knew ; Lottie I>&y
of Denver \u25a0or remembered * lne^tlnK » her «1 in ; a
room \u25a0at the Belaiont • hotel 'and < tellins her \u25a0 that
he intended to kill Steunenberg.' This, - : also,'
Orchard denied. ' -:...•
' Orchard was asked if he] had not made simi
lar threats In the hearlnp and presence of VKid".
I Walters of Cripple Cre*t, and others. He, was
asked if he had not told Dr. . J.» S. McGee, for
merly of Wallace, that ; he waa a \ spy , and that
i he was going \u25a0to Vget - even". ' with " Steunenberg."
j The witness positively denied that ; he \u25a0 had • a
| conversation with \u25a0D.,• C. ' Coates, : formerly^ llcu-
I tenant governor of Colorado, repeated,by;_Rlcb
| ardson. - In' this -.U alleged' to .: have
said: "The more I > see of my old " partners ,In
the Hercules the more bitter, I 'feel. They all
j are "' rich and I am * a .wandering , pauper. . I'll
I get even with Steunenberg yet." - 1 - - - ~
Orchard • said > quietly: '"I -never made I any
such statement, either then tor "elsewhere. "\u25a0
At this point the state took Orchard \u25a0 over - for
the redirect examination, t J. ; H. : Hawley asked
as to his Interest . ln the, Hercules mine, ] which
I he said he sold in March, 1807. . This was some
time prior Ito .the troubles in the ! Coeur \u25a0 d' Alenes
in ISO 9. Orchard was there \u25a0 and left the state
after tbe blowing rup of " the ' concentrator at
V»*ardner. The copy of \u25a0 the 'letter. Identified
earlier in the morning by Deputy Sheriff ' Nich
ols ,wcs banded 'to Orchard and - the contents
were ldentlfi%l by-^him. / :',J ;. -
The letter read, in - effect: . "Dear .Tom: I
have received yours.and have sent. that. to Jack.
I hope to bear -from you as to -your movements,
j acd that you -will be successful." There was
no signature. - - " \u25a0'-..- , \u25a0\u25a0 ' '
Orchard said In his - direct examination that
the letter came from Pettibone. - „«'.'\u25a0 '
A copy of a telegram from Spokane was'lden
tified by Orchard. The telegram 'read: - "At-,
torney Fred Miller will start for Caldwell' in
the morning. M.".
; Orchard said that ' he had not made 'any ar
rangement with Miller, but-: that in October,'
1905, Sitnpklns had told him that* if he ever got
into any trouble the firm in Spokane of. which
Miller was a . member would " be . a good oue to
retain. ' ; ;. . i \u0084 .. ~ ".- ' ';"j; * ..\u25a0 * I. .
"What did he mean by your getting into any
trouble?" asked Hawley. " : » . -
"I suppose he meant . trouble over the killing
of Steunenberg." \u25a0 )".'\u25a0\u25a0 \u25a0\u25a0".\u25a0 - ,'
."You did not speak to Fred Miller " : about
trouble of this kind when In Spokane?". \u25a0'
."'No. sir. I'only talked to him . about . suing
the railroad, for the loss, of my -trunk."
From this the state jumped to April. \u25a0 1905,
and -asked- what- Haywood" had- said to .-him
about writing to his wife/ . Orchard was. pro
ceeding to tell of a letter that \u25a0 Haywood had
written to Mrs. Orchard when the defense ob
jected hotly that It was not evidence. ' Senator
Borah argued that -the defense had Jjrought out
in . the , cross examination \u25a0 that Haywood ." had
spoken of correspondence with Mrs. Orchard. :. - •
"If . there is any question of this being -proper,
redirect the court will allow - the state Jto j re
open." naid \u25a0 Judge 'Wood ; very positively. . not
wlthstp.ading the attempt-on the part of Clar-.
ence Darrow to continue the arpuiueut. '\u25a0\u25a0'. -rr.v;
Orchard said that on \u25a0 arwnpemiat wan m«de
through Pettibone with Haywood tuat Mrs.-Or
chard Ehould b» told that Orchard had gone,-. to
Alaska. It was. also . agreed that- the letters
should be -written by Orchard dated from Alaska
before he : went to kill. Steunenberg. Orchard
said that one letter was So written in ; Denver,
and handed to Paddy - Maioney; who was «r
iranizer for the western 'federation o" miners at
Cripple Creek.' Another letter was : also, given.
Orchard said, to Marions Moore,- who . toot_lt Ito
\u25a0Nome, "Alaska, and mailed it there..' STarlon
Moore - was an agent -of ; the ; western "federation
of miners, who sent him to Alaska, to- organize
the miners. \u0084 ;, •' . i '.'.;, • ...
At this point* three letters j were marked \u25a0- for
Identification under a . i running fire -of • protest
from the defense. Judge Wood, however, \u25a0'\u25a0 over:"
ruled " all . . the . objections. \ Two <. letters ; written
by \u25a0 Orchard • and sent to Mrs.', Orchard - tbroueu
Paddy Maioney :. to * Crl pple Creek g wipre j offered
In j evidence.. | Counsel | for the: defense and | Hay<
.wood • "were t In i consultation \u25a0 over,; the i letters j for
several r. minutvs. . ,'An:.' objection -\u25a0vras : made'ltn
both . letters >; because ". they . were '\u25a0' private - ; cor
respondence ; between » Orchard * and his wife 1 : and
bad no be;iring on '. the - case ' a.salnst " Hay wood.
, Judge Wood said "during ; the '\u25a0, pause that •\u25a0. he
would allow the photographers a last opportunity
t« disturb : the .proceedings and a.situation. situation that
was becomhig somewhat ; tense, owing .-to:.. the
very apparent earnestness of .both? sides over the
documentary • evidence. ; the : state_i to.: get 5 it ! in
and the defense to keep ' It ; ontT" was • relieved.
Hawley had explained in a- burst of 'good humor
that the photographs thus . far bare shown - only
the hack of his bead. • .., ,' . \u25a0
Judge Wood carefully read the letters offered
in evidence and after some minutes' conversation
he admitted- them. - *':-.
Another letter was then Introduced. \u25a0; It .was
a letter from Orchard to his \wlfe, mailed in
Nome.. Orchard - said . that •: he ' wrote ,\u25a0\u25a0 the "letter
In Pettibone's. store -la Denver, leaving the, date
blank and gave -it .to Marlon -Moore. : a. member,
of the executive board of the: western. federation
of miners, who was going, to ::Nome;~.-It •\u25a0\u25a0 was
agreed that the ' date should .be filled In when
Moore got to Nome.. Orchard said be was never
in Alaska or Nome. , % :' ' ' /
When the" prosecution offered the next • docn
ment a decided stir j showed' that-, the .Interest
of the courtroom was aroused. Two letters were
handed to counsel for the defense. • These -were
from Hay wood to Mrs: Orchard in Cripple Creek
and in one of them Haywood, ' addressing -Mrs.
Orchard as "dear madam and sister," .told -her
that Orchard had gone \u25a0to Alaska. .: .
Orchard said c that he had received- a letter
from his Vlfe while, in Denver." It -was. handed
him; he said.^by ' Haywood."' Senator Borah' read
one of tfce letters from. Orchard to Mrs. Orchard,
purporting to \ have \u25a0 come from .-; San Francisco.
In the letter. Orchard told her; to I hand her
letter in reply to. Paddy Maioney,"" who would
take It -to "headquarters," : whence , it ; would be
forwarded. \u25a0 \u25a0-.. : - ':''*\u25a0 '..-.' -'-'.-"- •v "'\u25a0 '. \u25a0:\u25a0-"-'.."
- All the letters , were read .to the. Jury." The
last was - the Haywood \u25a0 letter, • written on - the
letterhead of the western 'federation of miners.
Senator \u25a0 Borah read the entire heading: and the
letter. Haywood's letter to Mrs. Orchard I read
practically as follows: ." "Dear sister i and . m»
dame: ' I have "not had any information for some
time. The last I had. I. think, was ' from
Alaska. Falrfleld,-. I\ th Ink * was \u25a0 the : address. . i 1
see that terrible conditions .exist-, among the
law and order, element. W.. D. 'Haywood." 1 \u25a0" . «
The letter > was dated \u25a0\u25a0 from - Denver In Novem
ber. 1005. At this point "Judge -Wood asked
Hawley how: long he would take. to conclude his
redirect s examination . and ? Hawley said • about an
hour.-. •.-\u25a0\u25a0 ' --„ .- \u25a0'•--. ;-\u25a0.- - \u25a0 ; .i \u25a0 -"• j. ••; .T; >\u25a0>- • :-\u25a0
A recess was then ordered to 1:30 p. m. r ._'..;
'\u25a0 Orchard- was- brought.- back to \u25a0 the-; witness
chair at. 1:48 and -the redirect examination con
tinued i by, Attorney \ Hawleyr, VHe : was asUed ,-lf
he ever had Instructions- from Haywood, \u25a0 Moyer
or 'Pettibone us to ;What -he should 'do-In case
he "got into, trouble.- ?„•;-; : : • ' \u25a0\u25a0 .
..'-\u25a0-' ASSISTANCE PROMISED - ;
. "Yes, ,1 had.Vj replied Orchard. "They.' told
me any time \u25a0I ' got • into trouble ; not to write
or wire," them : • that \u25a0 they would • send.'- some ! one
to look after me.!' -.. -,' \u25a0 . . : .-. ';>,"->•
.Hawley next asked if the witness used' a" part-
~* ./B=y > ; :Exccptib:ial- values i." in . ~^3k •-. '^ '\u25a0.' '\u25a0*;\u25a0; \u25a0 \u25a0\u25a0 B '
% \u25a0\u25a0 \u25a0 KITCHENWARE that will __^P #
,^%^. v^|^^ \u25a0' surely .• every^ house-i* '^jjT^-rt /: -->"^r
. .: k ;'wife.";. .Herc^are .'\u25a0only.ratfew. ; " ":." ' - \u25a0"''\u25a0.'\u25a0Jr "
\u25a0' F ;of - a great 'manvj others; • rr ( : * ,^fr\.. •' \^r
W^M^m^ - \u25a0 \u25a0 l^^e^:\-V\
'\u25a0 30c. -t0day.:..:...... ZUC -Another --. example i^'farl- \u25a0?; n^," " "pa^' '— s -
\u25a0 "^tS^.v.^SSSc ffln^'.ffi^jriffi ISSi|SSS7Sc- \u25a0;
of. the', same fish -line /or the \u25a0 Stennenberg bomb
as-ou the Bradlo.v or (Joddard'bomb.s T\-.''' r - ' '"•\u25a0 \u25a0''-
i* •.'*l~ didn't ."use-: tUe lish line on; the J Bradley
bomb,' » hut - 1 ;did.iiisc a part of line
on the Goddard borab.^.' - \u25a0 vy--- .- - ;« ; . * \u25a0". *-.
Hawley tnrnefl ' from ; these details to . the • peni
tentian- >after< theVarrept. .Tbe>state 3brougbl
up. the Adam*' incident .-in' the" penitentiaryi-and
asked Orchnrdj if Jit i were not f true that 'Adams
adTlscd v with \u25a0 sotnc i one" * before - calling on \u25a0' the
witness immediately; after his arrest. \u25a0^v;.-v \
\u25a0\u25a0 Orchard' said "that Adams sUted; to him that
he. had seen an ; attorne.r. named; Moore.. •',•\u25a0 : . ' .
;. The . question of • the right of I the | state to ; go
into any i statement made . by "Adams : to i Orchard
was argued by; both, sides land ; an objection- by
the-defense was overruled:*' Orchard said :'.;;'- '
» ' "Adams saw , an attorney some., days . before ; he>
saw-McParland, and after he;saTV : McParland he
talked to me . sliont making a! confession. '.'».;\u25a0;.> , ;
The admlssibility'of .the.conTersations was re- |
sisted-by Rlciiardwra,~who claimed 'that -this .was j
on -, effort ' to ; in troduce : Adams' 'confession I under
the guise of a conversation. .•\u25a0-\u25a0 -' '~i r £ \u25a0;\u25a0?"*"; .
\u25a0\u25a0 Senator \u25a0 Borah ' said that - the •-\u25a0 state ;,was I not
sM-kins to introduce this as testimony, of a con- ;
spirator. U«i said that » the _ prosecution , desired '
to get a" Toluntarv statement 1 that Adams had ;
made to .Orchard, "if it shouldturn out thatithls ;
vras a confession the state was entitled -to 'know
what Adams had said when not under -any 'coin- 1
pulsion-' of any 'kind. -contended. Borah. J? Adams, '
as s n, coconspirator with IlaywooJ; Jhas i made -a i
confession I. and then ' repudiated :it •*?. The ; state i
wished simply to show by, the witness that there
was a confession.- : ', ;'• »:-\u25a0'->
"Judge -Wood 'ruled that \u25a0' the : state ; might show
what . Adams had said . about sa • confession, • but
would not ' go \u25a0 Into the confession ; itself. - " ?"..:-\u25a0.;
' "Adams told me," Orchard said, "that I would
w>t be . aloae in • making a 1 confession,' and {\u25a0 that
he thought he would mate a confession himself.'!:
•\u25a0 "After.; this conYetsation'did^ you* and -Adams I
continue to occupy the same . cell • and ; did he oc- j
cupy it with .- yon* after " the '* conyenitMon .with
Mcl'arlanO?"..' asked Hawley. - ; . -".-;• .-;..' |
' ,:\u25a0 "Tes, sir; he did." :• : . •> v
-. "Did you and Adams hare a'conYersation.wlth
Senator c Borah •» and - myself .'. in '< the * penitentiary
shortly after your talk with Adams'?" .-.?;.' ; , :
\u25a0 \u25a0"Yes,- sir." \u25a0 ' ..- : . - '\u25a0\u25a0-\u25a0'\u25a0 • ~~* ' ' . . ''. '
. "Was - this matter, of Adams' confession gone
into : between ; th* four of us?"- ;. ' ... - -
"Yrs, sir:- Adams-and myself i talked with you
and Senator Borah abonft the confession.";
' - Tlie defense continued to fight * hard '\u25a0 the ( Intro-'
ductioa of this line of testimony.; The court was j
ineiined to give much latitude; to the examina-j
tlon. ;but finally sustained nn objection"^ to intro-j
duction of- the conTersation"ibetween-:Orchard, :
Adams," Harwood and Senator Borah." \u25a0>\u25a0 — ' ;\u25a0' !
Orchard. was turned over, for the, redirect crqss •
examination by Kichar<lson.^;>;.^ *-\u0084 • . ':]
Orchard's sale of his share Jin", the ,; Hercules f
mine' vris ?one into at length ?ln-i an -. effort* to]
show that the property was notsold in 1537, but"
was simply mortgaged to Cordonia.K Orchard in- ;
Bisted that he had sold the mine out" in 1807.
"Didn't you tell Date Coates that you h«d>an J
interests in themine when'you. were driven out
of the Coourd'Alenes?'" asked. Richardson. .
"No, sir; I did not.";- . , \u25a0": ,i . ."
,'Orchard also denied that he I had made ,-the
same statement to" a stage driver. '--.v- J - . s.
'•When I was in Wallace In 1905," , bVsaid, "I
met Cordonia and^in a joking iway. I said he j
mteht'gire me $4,000 or $5,000,': as -he had done !
weil in the mine." " ' > ;,. "? •" "v '-;".- •
\u25a0Orchard .was --closely, questioned \u0084 as . to .his
connection" with I Hay wood i about I the 1 conversa
tion that' he "had ,wlth ' H.\y wood J in ; making -the
arrangements about- the -letters: to his ;Wlfe.: \u25a0\u25a0
i "I met -Hay wood in . Pettlbone's house ; or store
In July or 'August- of 1005." - said- Orchard.'; '"He
said my 'wife had been writings to 'him.',* I told
him- to" write, to her and^ tell? her I had' gote.to
'Alaska.!' - - \u25a0-^\u25a0 :": "> '•'""-' \u25a0\u25a0•'. ' -"\u25a0'\u25a0\u25a0" \u25a0-\u25a0
This was prior to August -30^ - .;
\u25a0 "Hare you seen Haywood, slftce.Uwt'tim*?"'
askrd llichardson, -. \u25a0 'Wv */'\u25a0\u25a0\u25a0 :
\u25a0\u25a0\u25a0."Nor* sir."'-- ' \u25a0 \u25a0• • ".- ' •'\u25a0 . \u25a0 \u25a0'
-'"You. directed your wife to deliver those let
ters \u25a0 to \u25a0 the : Plnkertons , more ' than L a - year . ago,
didn't you?". ; ;,- . * -•-. •\u25a0\u25a0",'-."" - : . --•.
\u25a0•"'So, sir,' I : dldn*t. . I: didn't, know of the let
ters until some time ago." "i- V. '\u25a0' "
\ Richnrdson '\u25a0 went '\u25a0 closely i- into » the • conference
between Hawley, Borah.:' Mcl'arlandiand. Orchard
within the - last lev' day s.^,' Orchard, said /that
. the letters .' were not shown -to ; him then ;or
deserilied. '.'\u25a0.''.' '-' \u25a0'-. -.'\u25a0'"'\u25a0\u25a0 *" :? - 1"' ;>
"Can yon 'tell .us-whys -why a the -letter- In which
you said you told Hay wood; to - write ' in July
wa« not : written until November - 1" ?" shouted
Richardson. - . -.';,;;'.\u25a0\u25a0" , . '
--,"1 think- 1- can.- I don't, think; that: Hay wood
intended v to ; write at -that ; time. ; I - think that
my wife wrote to him later, and be did not reply
until November," ans wered; Orchard.
"Why did you teir Haywood; Moyer and ; Pet
tibone that you had given •-.' the letter : to : your
wife to Paddy Maioney and had dated the l«t
,ter from San .Francisco?" * ' <" *"
--"The -was,'-' said- Orchard-very, de
liberately,: Vthat Linj wife -had -told- parties
that if she knew; where, l was i she \ would. sooner
see me in jail thannot* know. where I was."
*.'- Changing V.>to» 'another \u25a0\u25a0; subject,-'. . ;Kichardson
aske"d Vlf : it *,waff i not } and J had (? not J been .-.the
custom r of -.the 7 western." federation of; miners .to
send- a lawyer; to : the assistance of . members , in
trouble.. '. .. ?•'"\u25a0'# '\u25a0\u25a0' ~ '\u25a0\u25a0' "•'\u25a0 . . "'
\'i'M know, they have done 50.' ... -• -\u25a0\u25a0\u25a0\u25a0\u0084 \u25a0:, , '•
>' : i "You know,- * don't l - you. i that? where. troubles^
arise as the -result of a. strike: members of the
western '\u25a0 federation :'= of t miners are "always de
fended by counsel '\u25a0 furnished by ./ the ' western
federation of - miners?"; " *'- :\u25a0 <:-. • -. '-
--.Vl've seen \u25a0lt-aone;*yes. i slr. ,-, - .
-' "You kuow r don't you,\,that ' whenever tronbJes
arise from a strike, the "newspapers lay it >.o
the western federation «f.:miae»?" "_ ," '
"We .object!" -shouted Senator* Borah;, the
newspapers are the best evidence.'.'; "*~ - '
- "The worst,"' drawled ' Clarence , Darrow.
-There was a : pause, ..-' Richardson ; suddenly
••What Is the name- of your daughter -now
living : In Canada?" - . :- ='- -."\u25a0"•• \u25a0' \u25a0-• -,-"-, '" \u25a0" ; , :
Orchard's face fell . and ; his - voice ' .lowered.
"Olive," "he said. ~ almost ; In 'a . whisper. '
-. t "That's \u25a0 all," said Richardson, and - the wit
ness . was remanded- to ".the^: penl tent lary^ '" . •
' - Ed Boyce. '•' for • many / years - president . of tn«
western ' federation v % of miners, - was < the < next
witness. 1 He told as to the manner of organixa
tlon of the federation. -He .'told . how officers
were elected. - and • how - the , secretary f, at ' first
was \u25a0 not ; a member; of -the executive board, ; 4>ut
lately became sucbJ '' =-"I; ' ' ' \u25a0~" r~:r ~ : "•:* * <\'.' y 'c '
Senator \u25a0 Borah examined Boyce and laid • the
"foundation t. for • the \u25a0 introduction of articles In
the * Miners'. Magazine. .; Boyce '•; said - that - the
publication was the official organ of the western
federation of " miners. \u25a0\u25a0- The '• first number ' of . the
magazine • was ! Identified. ,r : Boyce's ; official i con
nection with . the western : federation of miners
ceased, in 1002. =A' number; of magazines were
offered as evidence tforK the/* purpose of intro
ducing certain articles.'; Counsel for; the defeuje
was given until - tomorrow: morning to inspect
the articles •' and ; court - adjourned at 3:15 p. ia.
until tomorrow morning.' .
Zeal of Orchard Guards Leads Them
: "IntbVTrouble S \u25a0 , -
BOISE, June =; 18.— Charged:. with .as
sault.and battery i and. disturbing, the
peace of the city 'of. 'Boise,'. two-;."guri
fighters". from Colorado.^w-ho are acting
as special fdeputles ; and; asjguarda ; for
Harry \u25a0- Orchard £while'- he" is in"attend
ance as a witness In the Haywood case,
were tried before : a' magistrate's t court
today. The -prisoners ' vwere , ' Claude
' Bartel and \u25a0 "Bob".? : Meldrum.: \u25a0 Bartel'
pleaded guilty ; and "was fined 1. $50.' Mel-:
drum declined? to ladmit ; his guilt [ and
his 1 case: attracted;' a- numCer of «spec
tators.-^'He'.was-also.flned.^ -: ,v ; -
i'^While jOrchardf was | in the .- offlceVof
J.; H.l; Hawley,^ leading counsel \for^ the
state, waiting itobecalled to the^ courts
house this ;, morning,-; one of. r the "^wit-.
Bf '\u25a0"'. 4 1 s «. i»The cost, prlce:'on_thls: magnificent assortment of \u0084 » laree assortment of
H, An unprecedented offer : . tinted Cushion.- Tops' and Center Pieces is more than children's Sailor Caps In
a.ing'in, pretty, bead neck-^ ,whatwe will -sell; them for today. They are: beau-. Krays tans and whites
|H laces: In emerald, sapphire.- tifully? tinted and- come In all the new and popular They are made of linen
I sX rfffl^-'TS' -designs, and may be^ worked solid orln lons and short an^duck anTare embroh£
Kg sold regularly At i.35c, stitch.- Size; 22x22 Inches. - - , .: ered and wired. \u25a0 -
1 ..vraEgEyrCOBPOy--PBAOEnB.-. ; r^nt Coupon. I
y PRAGERS. |r iiiiiii>fcT g *^ gr^S?V*^'* r? 'Sr°^^^s' ll^ J r~,,.r ~,, .. _ i -t* PR.VCERS. |
I" l^^^^^^lSl i&Ac DRESS LAWNS 6c l EMs^3^^^i
M *~-~r. „_ ~„1 ~, ..-^- -A. showing of -this season's prettiest figured, dress; ... ' \u25a0.'."\u25a0" \u25a0*
|75c NIT CRACK -AND lawn, which 'lncludes every color and .combination of 91JM> V?fD2rtSKIRT9
« . . PICKS 43c •\u25a0\u25a0' " colors "you may: have' in mind for that new summer SOc *
\u25a0 An extremely "'"attractive" dress you've been planning. It is dotted; figured and Vr-.Ti™ T'T,^.«iti^« \u2666^m
1 vet very irTexDeifahfe set flowered. You can get it today at less than half price. u !i ! ,? > , ?l k h^»si^
PI yet ,\ery. inexpensive set,. . prfsfvtcoupov PnvtiEns - xned with lace, embroidery
W which includes a strong nut L i-hlBi,.m tuuiu.-s-rmi.u». Rn^ tucb jj, ff> cut very full.
X crack and slx-nutf picks;" - , , . >„-« ,- - \u25a0\u25a0-\u25a0...- j ~~~, ' with deep hemstitched
| handsomely silver plated. a^^^^^ t^^^^^^- flounce. Worth 51.23 and
IB Prtnrnt Coupon. " '.-i . SSWifty^Jr \u25a0 GS&*7 r fH v 3 ES Jra ' w^W^T^fS 1 \u26661.00.
jgf PRAGERS. ! / \u25a0 JBa&l^StCS^fK^rfaJS^^^gSwJs^ Present Coupon.
! ~J : \u25a0..-'".'; r ' ; ----.. : '-- 57.50 UNEN TABLE SETS 53.5 Q. — PBAGEns -
j S r ' __~.wi V— Jy' '—'-'. "-\u25a0 ' A l©ss than half. price sale of pure'Llnen Table Sets: "
Ig J«p^%wffW*V^ each set includes one table cloth and one dozen large fc~U"v ~"*~±' ?Lfli7*!r:isr!l-^*T! \u25ba
f'S gL&L *] "I %L 9 X K.- dinner size napkins. ".You-have a choice of many b«wiu- raffti H3 *TfiVHa
!y tiful patterns. Regular price is 57.50. With coupon, !t^*S£o^^>*i!^L<]r^Si<rL^W*i •'
(j . ".\u25a0\u25a0 \u25a0',\u25a0" ; :_.".. ...,,,.... .. ...... ..,"-. \u25a0: set, $3.50. •"\u25a0 .-...•- u'v '•- • • -- . - ' \u25a0 \u25a0 <% > i
i '• \u25a0 ~. V 0. C ' ': ' • " h^ " •'\u25a0"• '":_-_ ZT" ' _iJI , ii 1., - DRESSES 50c
g Use these handsome JRS^t^' J^y g^^ CJ^^j*±^£^^a M^| W!^;! ; 31 Children's dainty little ;
B -.Chemisettes- with collars of- l£-^ifeAV *^M \u25a0w-«^\^ c^^ !V. I&Z&Mj short and French Dresses. - r
I Batistes and Point' Venise. L "' "* "' | " prettily trimmed with
I , Lace 'for your lace; waist. vei bftWi'Dimtccc /«9. ' yokes of embroidery and
| Colors-white and"' cream; - , > YSC f*4JV2» ttiLLrUcsltc* *v%SC lace; with bottom tucked
| values to $2.00. , , The well known "K.& E."j ßrand; the best .Madras and trimmed. \u25a0
§-^ Prrient Coupon. Boys' Russian Blouse made: worth and sold regularly ' Present Coupon. *
nr p n , r pp, at 75c ; With coupon only .45c. .Ages 2H to 16 years. -•*>*>% r-^-a*
I ;'..'' $1.00 Whisky 5Sc ''- : ->\u25a0'. iOc WhUkßtooms. JOe . ,\u25a0-.- *I.U«». jaumlc Rolls. G^c 50 5c Clsara JI.IO
I". This is the [widely adver- We " will ' sell Whisk A varied of A box containing 50 largo
I tised brand of Prize Win- Brooms today' made „of leather Music Rolls, which size genuins" Porto.. Rico
L ncr Bourbon.aguaranteed fine Eastern Corn Stock. -Includes a , number of at- Cigars; a well .. known
i pure food fproduot- in full Very strongly sewn and tractive novelties. They sell brand that retails, regular-
i quart bottles. Reg. price |1. worth 20c, for 10c each. . regularly at from 75c to $1. ly at 5 cent 3 each.
E . - 'r-'Preaeat Coupon. . \u25a0'\u25a0- \u0084 >Prc«ent-i Coupon. . , ..»"'-. .Preaent. Coupon. . i'rc~>?nt Coupon. £
I 50c Embroideries Use ' . " '"- !_/_» m » urnn T^>.m.j • n. i. « t- _ "^ 4
a« 1 \u0084o^;of,r Lf 20c Stocklnc*. 3 ' Pr. 25c *0.00 Trimmed Hats $3^. ?:j» Conth CovfM 81^7
betutifS ll^ 6^^?^ 'U "notable in o^ea^Yfufifo^coneT Co^ lot f° f I°-™* ' Ouch
! Cambric and Nainsook Cor- Children's. School Hose. It's ou / beautiful $3.00 c ollec- Covers of a f heavy reversi:
! set. Cover Embroideries; in a Jo.b lot we purchased at :* Ir?I r ?" < :t: t f vv a c 1 v th^imm^d rnT^S 1 U^l al ' bordered all
: blind and buttonhole ef- a :- very? low figure. Reg- «« r? ur chJ« P ri f 4? t m thU J?i d = h ,^ a ? rett >"- wld « ?
i fects. ular price 20c pair. «^ p^- - », - f?o- !- in ? c " ' Sold elsewhere : at \u25a0
. , - . * . - - - " —-** _~ ponio*,. cadi ......... <>!L>.0* 5-.t>o.
! /Present Coupon. Present Coupon. . \u0084 r r Vtcnrat Coupon. 'Present Coupon.
* ';!. -,,. \u25a0 Here is a Sale of Silk the equal. of which" we hnve ; never yet presented. '.'There \% an almost tinlimit^^ !'
i <varietyof colors ma lot which includes; YAßD WIDE BLACK TAFFETA? RAJAH SILK 24 TNCHFS'i
I . i; WIDE : AND FANCY PLAIDS. ', You can ' ? et black, blue, brown and white and many other combina- X
\ ;!;tions-in checks,. stripes and figured effects. . None of these materials are worth less ; than • 85c a yard and" 1 '
j . J' rnost'bf .therh^sl.oo'or. more. \u0084: [ i'~~Z'- \ . '\u25a0 .- '». ' <|
'[\u25a0?;, §2® site! §25 Lzuliss 9 Suits $8085~B O B5~ ]
"!;-,. " ; This extraordinary : price Jon these splendid $20.00 and $25.00 garments is bound to effect an im ''
> mediate clearance— and so it should .when the price is half or less than half. This lot includes broken >
I' lines: of-LadiesV Handsome Man Suits. -They're made of Vy'orsteds, Panamas ;!
\;! and, Fancy Mixtures^ in '".the most desirable colors. The. Jackets are silk lined and the S*J£Q fsa \
i'! skirts' arc cluster plaited. On -sale today, !and Thursday only at. ...".."" \p%&*%fJZ2} !;
| i *^^ \u25a0":\u25a0"\u25a0\u25a0\u25a0;\u25a0-:
nesses of the prosecution, John Frey, a
miner-;from; Silver City attempted ' to
pass Bartel, who -was standing- as : gruard
at the foot of i the stairs. "Bartel told the
man -.that he, could > not -go up, but the;
mirier,; Insisted 7 that he had business
and the.right--!J! J Bartel used: harsh lan
guage f : and iblows t ollowed^words. . ; At
this -timeiMeldrum interfered • and the
"miner '"was lln , danger of • being ' badly^
used . up/, -when : the justice ', of the ; peace
Advertising Agency
Hie M /11/7-' 7l
o4 \u25a0\u25a0;l\6arn^ : r;;SVy: :
San j JPrahclsco.
„ ißimillMllllllll \u25a0\u25a0\u25a0\u25a0!\u25a0 IMlllllin '
, ( -~. - - ;' -•-\u25a0.--- • -•--\u25a0* - * \u25a0 ' " - j !____ "
t One ;'of :? the i cables -of % this .. Company was ; ma-
Hciously/'catf in ; the • manhole on Seventh .street, ; .be-
tween Folsom ahld-Hafns6n"streets, : on the afternoon
;^qf {Welir^a^un^l2;^9o/g; ri; '
; V $000.00 reward^will^be^ j^id arrest; and
' cdnvicti6n\of ;^^
- : j uring. the overhead for ; undergrountl^cabl eVor wires
''. of -this ;,Gompany.*so as I toMriterf ere. with" the service.
arrived' and put the two detectives
under arrest -, -". '
EUREKA, June«lB.=-H. J. Ricks iwas
elected ; mayor of Eureka yesterday
over A.' W.'Torrey,; the incumbent."
'Permanent Location/
Johnston Dlenstag Company, 34 Kearny : street.
(No telephone yet.) • \u25a0\u25a0 • : *
Special Care Taken With Deposition*
and All Legal Doenmenta.
Xorthirest Corner of Sutter and i
' " Stelaer Streets.
1451 Pcjuiklln St^ Saa Francisco.
Courses In Business and Shorthand, Mlatsx
CItII. : Electrical mud AntomobUa Engtseertol
Colleges In eight cities. Tuition good la my
gcbool. Call on or address E. P. hrat|> 9rt*.
Confers d*gr~**i and grants diplomas: seminary
eoorse accredited to the Cnl-rerslty and Uadtes
tastem colleges. Kare opportunities offered la
music, art and . elocution. Fortj-»«»nd year. *
FaU-tenn opens August 13. 1907. Write for
SffiEkg \u25a0•?.!&. &l t - ""* p^ to "-
Miss Harker's School
Boarding and ' day school. Intermedlato and
primary , departments. Certlflcato admits to
Stanford. Vassar and Weliealey. Reopens Anjroat
20. New bnlldlns. thoronghly modern, steam
heated, ready for fall term; large grounds tor
out of door sports.
A- nnlTerslty preparatory school for GIRLS.
Boarding and Day school. Primary. Intennediata
and Adraaced departments. School \u25a0 year opeaa
! August 19., MIS 3 .LOCKET. PrinclpaU
Mt -Tamalpais Military Academy
"* The "\u25a0 most ; perfectly - equipped military , school
tills . fide of tbe Bocries. Opens August • 14th. . . \u25a0
ARTHUR CBOSBY. P.P.. Head Master.
• "^ Pine and Pierce Street*.^" :-^
> * Conducted by Dominican Slaters. - . .
- Fnll ' Academic < Course — Languages,-* Vocal and
Instrumental Mcslc. Decorative - Painting tn • OH. " .
on : Porcelain. , In r Pastel and Crayon.
For i Prospectus apply at the Academy. \u0084
St; Matthew's Milifary School
i (Episcopal) Barlincame, CaL
Fan Tena Beglna August 13. 190 T.
REV.- WILLIAM A. BREWER, A, 8.. Rector.
ffitchcod'ffiKtary Academy
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Separate . rooms for : cadets. ; CnrtaTmM tacot
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