The San Francisco call. [volume], July 12, 1907, Page 6, Image 6

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6
Haywood Coolly Takes the Stand and Enters an Emphatic
Denial of Plotting the Murder of Steuenberg
Orchard's Story of
Crime Is Declared
to Be False
Oscar King Davis
BOISE, Idaho. July 11. — The entire
session of the Haywood trial today
«v devoted to the examination of the
two men whom President Roosevelt
described as "undesirable citizens."
Moyer was on the stand for cross ex
amination all the morning and Hay
wood himself, the defendant In the
pending case, occupied the witness
rhalr all afternoon In his own behalf.
His direct examination was not con
cluded, but Attorney Darrow will not
ppend much more time over It in the
morning.
Haywood Is the last witness for the
defense, unless his cross examination
develops something to lorce the calling
of Fred Miller, the Spokane lawyer,
who first went to the defense of Harry
Orchard after his arrest In Caldwen.
Darrow said the other day that he
would call Miller, who has been sub
penaed by the state, but he has changed
his mind. The matter about which Mil
ler will testify if called Is a very
delicate one, of the kind to be avoided
If possible.
Hay wood made a very good witness
for himself. He was entirely selfpos-
Kessed and quite at ease on the
Et&nd. answering: alt yuestions readily
end speaking in a steady, distinct voice
vhat carried his responses clearly to the
.iurors tnd all those sealed in front of
him or at his sides. Moyer seemed
somewhat nervous today and frequently
f a!!ed for a drink of water, but Hay
wood was a* calm and undisturoed ap
parently as he ever was In his life, and
•hewed tobacco throughout his exam
ination with the same no&cha!anee
w-hieh has characterized him much of
the time during the tria!. He did not
seem nearly as interested or concerned
when on the stand himself as when
Mover was there.
MO- SURPRISE* llmil(,)iT OIT
\u25a0 -
It was a stifling hot day that made
the courtroom extremely uncomfortable
for the spectators. \»itb the result that;
there v.-as but a small attendance out-
Fide of the witnesses for both sidr-K. i
Parrow asked the judge, with ma;:: •
cfcrjiestnesß. for an «arly adjournme /'. i
but the court remarked that unless the !
jurors wanted to quit he would not ad- j
.iourn. Thereupon one of the jurors!
FJLid that h« was quite comfortable and
Darrow had to go on for the ful! five |
hour*. ;
As far as it progressed the Haywood i
examination followed much the lines
taken in the direct examination of
Moyer yesterday. There was not a sur
prise for the prosecution in it any
where, and only twice did it touch new
material. Both these occasions were
conversations with Orchard, one at fed
eration headquarters and the other at
Pettibone's house. :
Neither conversation was of any spe-1
cial importance In itself. The flrnt was ,
tvhen Orchard WBs preparing to go to j
Ouray as guard for Moyer. Haywood \
*aw the two men together at Mover's
office.
"I asked Orchard if he had any fire
arms," said Haywood. "and he pulled a
45 about a foot and a half long."
Haywood smiled at the recollection
and spread out his hands to give the
jurors an idea of the size of Orchards
gun.
"I asked what he was going to do
with that." the witness went on. 'and
he replied that he was going to protect
himself. Those men won't wait for
you to get that thing into action. I said.
They will beat you over the head be
fore you can get It out."
Having thus expressed his opinion of!
the value of the 45 as a fighting weapon
at close quarters, Haywood told of see-
Ing Moyer and Orchard measure their
«ust cases to see how much the shot
guns had to be cut off. with evident
approval of that eort of weapon.
ORCHARD TO DESERT AVIKK.--
The other conversation wai in Petti
bone's kitchen on a day In August,
3 905. when Orchard was living with
Pettibone during Mrs. Pettibone's
absence.
•They /Orchard and Pettlbone) had
been discussing the excitement in
Alaska In Fairview. or Fairfield. I don't
recall exactly the name," said Haywood.
"and Orchard said that he was going
up there. I said, 'What are you going
to do with jrour family?' 'I am not
going back there.' he replied.
"'Aren't you going to take care of
them?' I asked. 'Those two boys don't'
belong to me,' he said, 'and I don't feel i
like providing for some other man's
children.' I looked at him, and said:
She had them when you married her.
That little roman married you in good
faith, and you ought to look out for
her.' He hung his head at that, but
*«id, 'Yes, but I ain't going to provide
for another man's children/ "
That was all of 'that conversation.
There was a general t«!k'!n Pettibone>
I To 'Our Patrons of the
MM^f9 M DISTRICT
I H V J r r% 1 1
Has Opened Another Branch Office at
1 108 Valengi a Street
AD VERTISEM ENTS >AND SU BS G R IRT I ONS
WILL BE RECEIVED
Sieve Adams, whom the western
federation ef 'miners is defending .be-,
cause, as President Moyer explained
yesterday, he. is believed to be the object
0/ persecution growing , out ' of the
Sleunenberg murder. Adams is ac %
cused of several murders.
liouse when the three of them discussed
a letter from Arthur Parker, who had
bought an 11 acre patch of ground up
near Seattle and was singing the
praises of the farmer's • life as 'com
pared with the miner's. Orchard ap
parently did not have much r to say
about that, for Haywood repeated
nothing that he sa'.d. - '
It was Orchard who first told of this
letter from Parker on his cross exami
nation. Haywood corroborated Or
chard at several other little points
during the afternoon, as dfd* Moyer
in the morning. It is curious how
these little points of oorroboration run
through so much of tho testimony of the
witnesses for the defense, while they
all steadily' and emphatically, deny
every important allegation that he
made concerning any of them. They
make Orchard out to be a most, facile
and accomplished liar,-- Who ..took h
simple and plain string oi _ truths • and
embroidered around .them a rnosi won
derful edging of falsehoods. •'
HAYWOOD DENIES 'ALL
Except for; the points thus noted
Haywood's testimony fell into \u25a0• two
broad classes — denial of Orchard's
charges and explanation of , his con^
nection with the federation. His de
nials were like those of Moyer and all
tfie other men whom Orchard had im
plicated, specific and general. '
Darrow would repeat the substance
of Orchard's testimony on each point
and ask if any such thing or -talk ever
occurred. 1 The response always' , was
that it never had. at any time or place,
either ln^ substance .or effect. Thus
Haywood denied haying -paid for the
Vindicator shaft explosion or any other
crime, and said that he had never given
Orchard any money -at any time for
any purpose. He httd * never talked
over any crime. with Orchard and spe
cifically declared untrue Orchard's
charge that he had said "You can't
go too fierce for me in the Cripple
Creek district." Finally Darrow gath
ered the whole. lot of charges into one
question and Haywood denied them all
in a bunch. /
In the other class of his testimony
Haywood told the principal incidents
in his life, his birth, his parentage, the
accident when he was ' 7 that cost; him
the sight 'Of his eye, when he began "to
work, when he joined the union and
his care there as a federation official.
That led naturally to the subject of
the Colorado labor troubles.- And .Dar
row took him all' over that story in
minute detail.
That is: a sweet morsel for' Darr'owJ 1
He has had every witness who" could
THE :SAN jEBAXOISCO CALL, FRIDAT,.: .JULY,' 12, .1907:
tell , anything! about , lt. even , from eec
ond classjjhearsay,, talk "to .the: limit,: of
endurance' about^ it.'Jand^ lf' mere reipis^'
tition ; could .'ever ; prove- a 'case,; he "has
certainly ;;; proved .his.contention/ here.
Mlay wood . had r iust such a. story; to tell
as, Moyer' and? a ecore of .others had
told before' him. \u25a0'-.. . : \
; One Incident; In the* story > was, new
and another partly so." It came. out that
Haywood himself wrote the inscriptions
for the. flag I 'poster : and, had. It printed
while Moyer was= at v " Cripple : /i Creek
during the- ; spike, "pulling \, case. •\u25a0:». There
had been' other JtestlmonyJ.-as to his
share in, that- proceeding.' .^.'JC ' . '\u25a0.
FIG HTS WITH MILITIAMEN
Then '•Haywood/ '-'told sot "goings to the
depot to' see >M6j 7 er:\wh"en?the militia
brought- him ; back ~ % t rom '. Tellurlde •to
appear before the, supreme court In i;tlie
habeas corpus case.'.; 'Hay wood phimself
was nominally; undefjarrest^on- the flag
desecration "charge,', but; was- permitted
to go about in custody of; a deputy. At
the station he walked up to Moyer. \u25a0who
was guarded Kby about\. 20 soldiers.
Bulkley Wells,' ln r command of the men;
came up to him. ; - • • - ' • '. \u25a0
"I thought he was going -to strike
me."; said Haywood, "and ; I , struck aim.
Then -the soldiers came at me;and I^'as
very much* worsted." . .. -
He smiled cheerfully, at the recollec
tion and when Darrow. asked where the
soldiers hit him he; replied: "It would
be easier to tell where they didn't.".
Then he told of a second fight a few
moments later At the .Oxford ; hotel,
where: he was again beaten up. yl.He
went ; over, the' times: at which he had
seen Orchard, as did Moyer, and cut
down very largely the number of-con
versations -they had had as reported by
the' murder- machine. -He ; admitted
some seven : occasions.' '\u25a0/ counting-Or
chard's month with Vettibone as'one.
As to one of these seven he was not
sure. He might have j seen Orchard
at the Belmont hotel during the con-;
ventlon in 1904, but he did not remem
ber it. That was \ the: time, as "Lottie
Day" testified, that Haywood Introduced
her to 1 Orchard as i Dempsey. -..".-.
.Another occasion was in Pettibone's
store, In May, 1905, when Orchard. and
Johnny Van. Wormer; both tackledhim
to take out some life, insurance.'. The
last time that he talked with Orchard
was at Pettibone's house the following
Augußt. Their .next meeting was in
this courtroom when Orchard came, to
testify, against him. , >: , . .
Besides denying Orchard's testimony
at all 'material- points,: Haywood denied
the story of the 'witness Stuart, who
told of hearing, him say that Steunen
berg was a tyrant- who should be. ex
terminated. -Haywood testified ;that, he
might have, said that Steuenberg should
be "relegated," meaning, retired to pri- ;
vate life and that he and, his union did
what they could to bring that about
and defeated Steunenberg for renom
lnatlon. „• \u25a0 > * , • ; >.
MOVKH CROSS KXAMIXEO -
The cross exanvinatlon of '-Moyer
was more surprising for its admissions
and for a tendency which the/ witness
developed to separate himself Afrom
Haywood on certain' occasions:, than
for anything else. It covered gener
ally pretty much tho range' of '_ the di
rect testimony,, but' bore down espe
cially on. the"practice**of the federation
of defending its members when 'they
were accused of crimes. . \u25a0;.' < I '- -;i v
Borah also went fully into the
knowledge that Moyer had or might
have had as to threats of Orchard
against Steunenberg." 1 Moyer said that:
Orchard had never; told him anything
about forfeiting the interests In jgiß'ei
Hercules mine, but. he had said thatiif
he had been permitted to • stay : in"; the
Coeur, d'Alenes he have
got it back. ' Orchard neversald- any
thing to him In the nature of , a per
sonal threat against Steunenberg ,or
that" Steunenberg made :him lose
his Hercules interest. ~ '-
None 'of "the federation members who
have testified that Orchard made
threats against Steunenberg.'everV told
Moyer i anything about them. Moyer
knew. ; that Orchard was suspected ;of
the depot murder,.' but
Orchard 1 denied It. to him. ."And'lhad
no reasonto suspect: him', '' r said Moyer.
He never, made' any. personal, investi
gation to find oyt for 'himself whether
Orchard might be implicated In : that
crime or not, and the.re were no;fed
eration Investigations, despite, the fact
that; the newspapers printed the news
that Orchard : was -wanted ' for • It, ;- and
the federation had,' on; this -suggestion,
offered a reward of '?s,ooo,'..whlch was
never withdrawn or; claimed^ • *
The cross examination regardlng ; the
habit of the federation, of defending; its
members developed- into a discussion. of
the specific case of^Orchard^and : ;/the
steps .taken by s the -federation , to
fend him .before he .- confessed. \u25a0',\u25a0, Moyer
explained that it was not "the/rule
to .furnish lawyers "unless in /the
opinion of the .executive .board I 'the
arrest .grew out of the - defendant's
connection with the federation." 7. .
DEFENDING STEVE ADAMS
i ""Does ' the -organlzatlon'/Jnvestlgate
for Itself to:, find out I whether, the f ac
cused'is guilty -or not?" asked {Borah*?
•;We.try.to take part in;the prelimi
nary examination..before ; we finally de-;
cide,"/ replied? Moyer. "We' ; don't hold
out ? the :- propositions/to members . that
they* will be'ldef ended ;lf/-'accusedl.; of
crime.' ' ".Speaking '.•; specifically : i; for/ my
self, /there" has v . never been such
Inducement; offered.',' ' ' . .. •
, ''Your organization Is .defending Steve
Adams, isn't; it?'| r
\u25a0 "Yos,',\. said Moyer, with: sudden 'em-;
phaßls,' "we" -belleve'.that , the: circum
istances- under -'which iv he was arrested
grew; out of; the Steunenberg case, i and
: that \u25a0 Is ; why ':. Ye : are'-'def ending; him." /
' , Moyer. said -he didn't, knowfwhether.
Steve -Adams -had ; paid uplhls dues of
not": •sThat :is~ the ".\u25a0.union's finals test of
.membership; i Pursuing i this subject "of
the; defense' of its; members,': Borah.' got
around to; the. time that Jack Simpklns
;was^ln Denver^ In December,; 1905, just
beforetsteunenbergvwas' killed.' and in-,
. quired aboutt the; draft for $100": which;
Haywood sent to Simpkins on December.
21, the date;mentioned:ln, the unsigned
: letter received'by Orchard In the Cald
j.wen \u25a0 : jaii. : v-' \u25a0\u25a0-\u25a0"- ; v :">\u25a0:\u25a0:: ; --.'v: :. .\u25a0,.;-: \u25a0\u25a0\u25a0\u25a0."\u25a0:
."There \ wai ':\u25a0 no draft drawn at that
time,",: said; Moyer, "or any check .for "a
draft -to my knowledge. I know'noth-;
ing about It at all, except what I-have
read , of , the '\u25a0 testimony here. ,1 s signed'
no check for such a draft. 1 1 ."did sign
a check^for 'Slmpkins' pay and allow
ance, but that was a 11." .. . '\u25a0'."'..v : ;. - .
'i This recalls the fact that Darrowin
his -opening speech in explanation of
thatincldentlsald that Slmpkins cashed
his -pay check .and" left> part> of.l the
money with Haywood to be ;,sent^ him
later. But the draft Haywood /sent,
which is. In, evidence, was made out to
Haywood in .Jiis official capacity and
so' lndorsed by /him.
; Gettlng.dpwn^to the actual employ^
ment ; of .lawyers ; for Orchard,- Moyer
said that it ,was: done partly.;because
what; they, read -In the Denver' news
papers led them to believe that? they
were goingto be^lmpllcated. , : * .
GO TO ORCHARD'S AID .: ; >
B6rah thereupon" made formal de - (
mand on Moyer .to produce thess*rie ws
papefs'and: Richardson agreed to;tele
graph, for them at once. -"Moyer : said
that what he: read was published before
January 4, ;the date of the cipher tele-,
gram from Simpkins at Spokane. *
. "I did. not- know that the Hogan' ar
rested j was "Orchard," said Moyer,; "but
[ talked with /Haywood about; it, and
what was; printed In Denver led to thd
question whether It was not the Hogan
% we knew as Orchard. "We did not' know
anything about it until we heard from
Slmpklps." i ' ,
Thewitness went on to say that that
was the 'first: time that Simpkins had
used the cipher ' In telegraphing, and.
he /told; of « the .difficulty that he and
Haywood; had had In translating Simp
kins' message.^ At that Borah took up
the/ ritual with .the cipher key: and
handing It to Moyer. read off the cipher
numbers while Moyer gave the letters.
It took aboutthree minutes to read the
message, the only difficulty appearing
ln its .translation being bad spelling.
The" message read: "Cannot get a law
yer to defend Hogan." ' Moyer said that
he had read -it.* '.' Can I get a lawyer to
defend 'Hogan.','. .\u25a0-\u25a0*. '
- " l 'don't know why .Slmpkins sent
such a telegram." said Moyer. "I have
not seen -him -since. I wrote to him*
but he didn't answer my letter." : .
"Why didn't you communicate with
him by., telegraphr* asked Borah. \u25a0- :
- ,/ "We -were not certain that 'the mea
sage \va,s from'-hlm,". replied Moyer.' "I
was Just as careful abut*t sending teie
grams as :I/ was about having them
come."v •>\u0084-. •.x' : ,v--?i, \u25a0 . ,
L* Moyer went -on. to say-that.there had
' be . e , n :J lo s c °nimunlcatlon with Simpkins
as \to~ Orchard's rm^emerftsr. and? that
When headquarters ftookjup, his defense
11 was solelybecaube they, believed that
he was being prosecuted -on J account:n t : of
his federation membership and -the pos
sibility.; of thelr'own implication, judg
ing from- what they had seen in -the
newspapers r ';.They : ,made^ no effort to
determine his guiltor innocence. '.
'\u25a0?, THREE LA WYERS HIRED \
"You - believed that > you could p'ro'
tect-the^honorjand' good name o*f the
federatldn by protecting! the man who
killed Steunenberg,' did. you?", asked
Borah.,
"We didn't believe that .'Orchard had
anything to do with/it.": replied Moyer.
Then Borah brought 'out the facts
about Miller's visit, to: Denver- at the
end of January, -after/ the preliminary
examination of .Orchard, and his get
ting j 11,500; from Moyer to go on with
the defense. , ' r
."In the .26 ' days I between January 4
and; the time he - was ;pald, the $1,600,"
asked Borah, "had* ."any member of • the
federation .• made \ any/, investigation to
find out v where/: Orchard had " been or
what : he : had been 'doing?"
S' ;- T ."No,".;sald' Moyer;' "only, through' the
prfess -and from poeple who "had come
back from Idaho." V / .
">Borah. speedily brought out that
those ; * "people -who- had. come-back
f rom- : Idaho" Iwere J Miller" and -: J. . C.'
Sullivan, the Denver, lawyer, who saw
Orchard/ at Caldwell a' ''couple • of days
afterJhis arrest.,- Then it appeared that
Miller; f started ,V for; CaldwelP \u25a0 from,
Spokane, that Sullivan went;from-Den
ver ; and 2 that ?, Haywood sent ' Instruc
tions , to employjNugent at^Sllver' City,
aI A :. without; 'communication ri from
Orchard, and all: about-. the; same time.
With that clincher; Borah .asked j a "few
more unimportant^ questions and *clbsed
the", cross 'examination. y ' - .- :
Explains His Threat
Against Governor
Haywood .Declares He Said
Steunenberg Oiight to
V-Be^Relegated'V' ;•
BOISE, •:. July '-ai.— Charles H. /Moyer
was;called to ; the "stand in, the Hay
/woodUcaso ; when j court »conyened,tthls*
morning.": i; Before 'Vthe'^cross-exanilha^'
tionlwasbegrun Attorney. Darrow^ of; the
defense goffered \u25a0- >In \u25a0 ' evidence --' a! letter
written^by; John .;Murpn>v'or" Denver, 4
general ~c6unßel V of ,}, the ii f efieratiori;"/ to
the 7 1 ocal % union 'i at tSi lver 'i Cl ty, " Idaho,'
at i the'. time ?. that -'i the'; matter iof«, secur-^
Ing counsel \ for Harry Orchard \u25a0. was \ un*
derJconalderationVi'Thej stated objected
and *.was| sustained.^ Darrow^then'vead
several extracts k from s the^constitution
ot-i^thel.western '/federation i. of '"miners, 1
which 'was : admitted In evidence yes
terday. '\u25a0\u25a0:: ... -\u25a0 : . '-*;• ' \u25a0 \u25a0'-'\u25a0\u25a0
V.\ Taking up his : cross-examination of - : the •. wit
ness;". Senator . Borah first • Inquired . as -to 3 where
the a real % power s of 1 the s organliation."".' between
con ventlons.3 existed.' Moyer said s that i It ; rested
in jthe.executlveiboard. the ' president •. Rndsthe
secretary 4 treasurer." 1 , aHe : has *«\u25a0 been * active - 1 : or
ex of ficio I memberj of .1 the I executive I board i since
1889.>A r At i the ; recent ' convention ; of * the ifedera :
tion in;Denrer,? Moyer sald.V Jack? Slmpk lns.? the
alleged accomplice fof iHarry 5 Orchard, J who * has
never ; been; apprehended,!, was | continued 'in'Oftt-.-c
as { a'; member of J the | executive (board I for i Idaho.l
an a alternate f being ' appointed ?to z take aup ;h is
duties..: - : ; ; -:, \u25a0\u25a0-\u25a0.'" --"s •\u25a0' "' '•\u25a0 '\u25a0-;.;"\u25a0•;.\u25a0 •\u25a0-\u25a05.:"
\u25a0\i Morer -was - very ••deliberate In \u25a0 his ; replies
again . today. i» evidently % weighing 5 his i~ answers
carefully; over In his mind ' before J making t them."
He i said 1 that ; he ; was ' living, a t » Dead wood.-: S.> D.r
during i, the ; Coeur ; d'Alene » troubles oV 1890,5 but
became acquainted*; with - many ,of : WfmbeM
from "that \ district \u25a0at ? the' Salt j Lake : contention
of ."that « y ear.YV' He ? also f- learned >of C OoVernor
Bteunenberg's part In the strike. Jack Slmpkins
was : one ?. of 1 the j men 1 that f Moyer I met hat * the
convention. :i He '< beard s. Simpklns s tell .\u25a0- of 4'tbe
indignities ; he i suffered : in i the i Idaho 'i "bullpen'!
and . knew what 1 big j feelings : were.".' : :\u25a0'. ' "'," ', \u25a0•-\u25a0-i\::'-:%
IB Senator I Borah % questioned I the witness I closely
as 1 to * the \ extent - of i the t rnle \ of I the I federation
to defend any of Its members " accused of crime.
Moyer \u25a0 declared that [no * man\was :. defended t un-*
giaiißaß3iessBßsasassssQiSBS3saiaißssii2ssi2ii2csi^:!3SSiei3ig II jj p ; l JK
I You might as well try to force a | jj || H ijli
1 substitute for a* U.S. gold piece upon Si j j | li| 1 ||W
'I a banker as to attempt to force a sub- || \ \ i ;1| J I|||f
| stitute or S ' \ §\u25a0! | |t||
2 upon the man who has once smoked them. £g t- \u25a0| |»
S;\u25a0 ' A cigarette means only one thing to him — an jjj a I I*fj | I \u25a0|«
g That's because Imperiales Cigarettes have a § j|| 1] jjj :\ 1: |!1
m rich smoking taste all their own— a taste result- SS ; Ii f ? Illlf
* ing from the careful blend of the pure clean tobacco 2 if* 1 I J I ilir
§ that's in them, and the way the thin mais paper — g \ | | f g WjW
g crimped, not pasted— helps that tobacco to smoke S || ||| |f % &^
g right down to the mouthpiece. g | ail §1 1 8
S All the full tobacco taste with no after taste. g V2| || g ; |
S The men of the West smoked 100,000,000 Imperiales in IPOS. 5 §| a Bfl
S Sold Everywhere Zt ial* 5
S - THE JOHN BOLLMAN COMPANY S rf«
2 " Manufacturer! . San Francisco 3 f*\J^^^ 4^'
e-:' .\; .- >: a #* ' - -'\u25a0\u25a0
mmmmmtmnimmmtmimiiffiuminnmmmii®
less : the executive board -had decided ' that - his
arre«t - had ' Romp : connection with \u25a0 the western
federation of miners.
. DEFE.VD THE FEDBUATIO.V '
: "If. a \u25a0 member of the federation should kill a
man in the street!* of • Boise yon would not de
fend him unless you felt that the federation
was in some way involved In - the affair?" sug
gested Senator^ Borah.- . ' '
-^:.*,*Tbat's:tny: understanding. .We xvduld defend
Bny^; one . whose : act ' grew out , of a strike . r»r
whose arrest we . felt was due~(o his connection
with the western federation of, miners."
"You do not holdiit ont as an Inducement to
members that the federation will defend them
for any- crime committed, ..do you?" \u25a0
\u25a0"No, sir."' .; \u25a0»' " - ',_
';' Senator Borah next inquired as to Pettibone's
relations with' the western federation of mroers.
Pettlbone was .not an -active member, but when
his: business permitted would attend the conven
tions ; and " would ; come to headquarters.* | He I was
a ' good friend •of the organization and ready to
assist.. In \u25a0 any. way. he could. He had often
bought: furniture; and" other supplies, for the
organization and for its members. -
Moyer. declared; that he had never heard , of
Orchard's enmity toward Governor Steunenberg
until the , present ' trial ; started." ."- Senator I Borah
had the witness; tell again of Orchard's activities
in : helping the federation of tklal* and- attorneys
tn , the • ajleged train wrecking ease at Cripple
Creek. \u25a0 .. \u25a0 \. . .-. \u25a0 , \u25a0 '\u25a0' -\u0084'"•<"\u25a0-\u25a0
\u25a0"Vouknew him. as Orchard and as an active
member uf the organization?" suggested Senator
Borah. . \u25a0 .
.."Yes, sir." , .- .;*•\u25a0 •\u25a0- • V ,:« j
to Orchard's accompanying -him to Ourar, ;
Moyer said, he had intended hiring a" bodyguard
untir Orchard ' happened to 'drop In and say.tbnt
he was gniop. through Onray on : hi«>way tOiSlKj
verton.^The two. were on the train t together,,for
a' day and 'a 'night , and talked very generally \u25a0
about their experiences in different mining fields.
There was some discussion of Stennenberc. Or
chard j comparing, the acts, of ; Idaho's: governor
to those. of Governor Peabody^ of Colorado. . Or
chard also told of having, had an Interest 4n the
Hercules mine, but did not say. that he had lout
that interest I because \u25a0 of • Governor [ Steunenberg.
He always said 1 - tljat* lt tchs ""because of the
troubles ; in the ; Coeur iKAlenes.','
DEPOT. EXPLOSIOV IGXORED .
\u25a0 /.Moyer .tepeated: his statement -of yesterday
that .from the time of his arrest in Ouray In i
April. ' 1904. until June 31; l!>05, he had not !
seen Orchard. . .--\u25a0.'.. ' j
-"Yon are sure of this?" questioned Senator
Borah. , - • •
; :"I am willing to ,say. so under oath. Senator."
,:.' Outside : of - offering -. a * reward .of $3,000. , the
western federation. . Movers Baid.vditl.:nothlns
toward ferreting out | the parties responsible for
the depot; explosion. .-'\u25a0 The ; witness
read In the- papers that-i Orchard and ' Johnny
Neville . were suspected of ' the crime. The i fed
eration did nothing . toward inquiring Into this.
\u25a0".' When Moyer- saw Orchardand : went to dinner
with, him a year Jater the matter of .the Inde
pendence, depot . explosion \u25a0 was discussed." " Or
chard declared ; that he ' had not hint: to do 'with
It l aml that he and Neville had left, the Cripple
Creek district before the. eiploskra occurred. ..
\u0084, ;Moyer: declared thnt he knew nothing '. of ; n
draft-.beingsent by Haywobd to Jack : Simpktno
on Pecembcr 21. 150."... The first he ever heard 1
of the • draft was .in • the ,' evidence .' produced in '
court a ? week or_-«> ago. \u25a0*\u0084\u25a0 i
• '.'Wouldn't your name have to : be Yon such . a :
draft?'.', asked Senator Borah.
''No. sir.'!. .2rt, "
• '"Wouldn't you have' knowledee of a check
being, drawn to cover the draft?" . v
:.- '.'Yes,- sir." ;•; \u25a0\u0084' v :, " .;\u25a0
\u25a0'. VDid yon ever draw - sneb- a - check ?" '\u25a0- -\u25a0\u25a0\u25a0;.
'•w 'The 'only check I drew, was given to Simpkihs
in personwhen he drew bis per diem and mileage
early sin December ; in iDenver.V \u25a0 r *\u25a0*:;-'- \u25a0'-.-' ;
Vi Senator Borah ; asked \u25a0! Moyer . If he had • had
any • previous communication • with Jack - Slmpkins
prior: to from him on January \u25a0 4;" ino6.
theitelegrain;{ "Cannot get a 1a 1 lawyer to defend
Hogan." \u0084 H e declared he,' had not. ,\ ". j
\u25a0 'w'Did you know .why. he sent you ; that
gram?" \u25a0: .:>. :> !:\u25a0•' \-" ,-./" -. '.;\u25a0. \u25a0 . •-\u25a0..
:;..'-* 'l •do not." • • . - . -
! J. "Did ;you; ever;, talk -to {him .'about -it?" -\u25a0 -
\u0084"Ih4Vo:n ever: e een him' since." '. .'.\u25a0\u25a0 ' ."
THOUGHT ORCHARD IX.NOCEXT
Moyer said, that Simpkiiis, as' the member of
the ' executive ,board- ! of the district," where \u25a0 the
trouble \ occurred.xwould ' be the* man .to handle
the affairs ' of .western federation ) of; miners,
r At. the.tlme^that tbp arranged.to
employ '. n t lawyer for \u25a0; Orchard \ there \u25a0 had i been
no Investigation ;tn determine: the, man's guilt or
(«> Yarn if Jack Simpkins \u25a0 had been in Caldwell
with i him."- ' . \u25a0 \u25a0;.- . • ' r -:, . ,' l•; \u25a0
\u25a0\u25a0"'\u25a0 .VUid you expect^to preserve"the good name of
the, western; federation of mluerß-. by defending
the. man* who had killed ; Frank :Steuneneberg?"
demanded ; Senator .;Borab. ' :'- \u25a0\u25a0\u25a0K-". ; '- \u25a0 \u25a0;
* \u25a0; "I i did- not I believe at that \u25a0 time that \u25a0 Orchard
had •: anything to $ do . with J the ; murder. » I felt
that flt f was r jnst ? another attempt . to charge a
crfme ; to 'the; federation."/. -'-'*' : i~i \u25a0'\u25a0\u25a0: - "':"' :>: >- V-i
: ; .This closed 'the rrnnn; nrnmlnntlnn I JwaMW
-' William <-D.* Hay wood was 4 called , to the stand
immediately.' after l the noon . recess, \u25a0- and his»ex
amination : by : Attorney; Darrbw^was' begun. He
was, first t questioned :• as :to* tils' family :history.'
He said that his father and stepfather. were both
miners > and • that lie ; had > begun : work us a miner
under <\u25a0 the x latter. ; -> Haywoml , was ; bora • in ; Salt
Lake City in 1869. - His father was \u25a0 born in Ohio
and 'his mother in . South- Africa, the daughter of
an '• English -army; of fleer. '; i '' v ,;..;' •, r
;;;''Haywood'*Bald r that'he first" went to - work Tat
the mines when' he was nine years old. - He was
matried:' in *Pocatellr>,-; Idaho, ; *and has two chil
dren-^daughters.';;The.witnesß, r who : has but one
ey»,t said ; that she | lost the . other, when a * boy ; of
seven by. sticking a knife Into it. . - \u25ba::
v; The i prisoner - spent ? the • greater part ; ofJ his
mining career, at: Silver City, ; ldaho. He Joined
the;westera federation of miners in 1596. He de
clared: that he never knew. Governor Steuneuberg,"
and had no Interest in the Coeur d'Alene troubles
other, than; as' ft : member ( of , the \u0084
;Y'V^DENIBS|MAKISTG-t;, THREAT !\u25a0-,-\u25a0\u25a0 . j
* The witness :was Tasked Uf he ever. saidUo any
one, ? ; as has ; been J testlfled.^.that i GoTernor; Steu-'
nenherg should be ,"extennlnated." '- . - ;
6'i','Xo, ( elr.V; he 1 replied,V £ '"l i, think : what ;I ' said
was i that ; h« ; should .be relegated, • and > I took : a
handJinirelpgating^him.'V..'" "; : , , _.. \u25a0
<- Hsy wood* became- a \u25a0 member of the; executive
board ;' of the I federation "of miners In
1000;^(holding r that ; position-: until . June,- 1001,
when* : be< was » elected \u25a0Jsecretary-treasarer/ His
salary , was % $160 *a s month.;; .The . witness i was
questioned |at j length las Its] the ; early I history, of
the • organizat lon; L« t he ; duties of > Its : officers, • etc."
Askedilf the federation employed attorneys, Hay
,wood! declared i that ;at ' times ; lt ' has had , as • high
as 5 22 i attorneys 5 on's the S payroll"*, When^ he .• en
tered < the 'i organization i there s were ; 17,000 • mem
bers.* -/S Its j growth ? has J. been . steady ,: ever : since,"
iwithf then exception h of & the) Cripple 'Creek \u25a0 year."
when ' there was a \ temporary j loss of ; some \ 3,000
members.".;*,^ -v .- -\u25a0 \u25a0;\u25a0• . tSBf» -'-tk^R^^s^a
'tf- The I) federation, V according to - Haywood," - has
always i taken ' an ; active \u25a0 interest in politics,*' one
of .its objects being to elect its friends and defeat
Its"' eneraleß.'r>.ltihas i also ; taken' a* deep . Interest
in } labor,; measures \u25a0 affecting ,' all classes of • work
lngmen.'??"An.eight' hour, law,'; as ; applied to mln
Continued on Page O, Column 4
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: . PROMOTION: The «ct of promotliM- ad-
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.CORRESPONDENCE INVITED.
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