Daily press. [volume] (Newport News, Va.) 1896-current, 1907-06-28
STATE GAINS IMPORTANT POINT
Judge Wood Makes Ruling That
viii Limit Materially the showing
of the Defensc-Ed Royce Has a
Fire Eating Speech Brought Becls
to Ills Memory.
Thy Associated Press.l

BOISE, IDAHO, June IA ruling
made today by Judge Wood while
Edward Boyce. for years the leader
of the Western Federation of Miners
and now wealthy mine owner of tho
Coour D'Alenes was testifying in be-
half of William ID. Haywood, NAV linz
it materially the showing of the de
Tense as to the existence OF the count
er conspiracy against Haywood and
his associates. James II. Hawley, for
the state objected TO general ques-
ton as to the policy and practice Of
mine owners throughout the West in
Establishing union miners, ana in the
argument that followed Clarence
barrow. for the defense claimed the
same latitude>in proving counter con
spiracy that the state enjoined in
showing n conspiracy.
MIR. lIawley contended that the
state had directly shown the exist
ence of n conspiracy by Harry Or
chard and by so doing had hid the
foundation for and made the coIinec
ton of all the evidence subsequently,
offered on the subject He sdid the
defense was trying to show doiirter
ccnspiracy ~ proving various Isolated
instances ana certain general ttSUit
Nipuo iOut vi WHICH Mdo COnnccletl
with the case and for none of which
n proper foundation had hecn laid
In ruling the court accepted in part
the contention of the prosecution and
limited the proof of the defense along
this line to events in Colorad aud
the Ceour D'Alenes connected with
the case rs now established.
Boycc Wanted Miners Armed.
Ed Boyce was the PRINCIPAL witness
of the day. and his tostimonY was
chiefly devoted to the history. pur-
poses ana work Of the Western Fed
Grafton. He denied The existence Of
an elmer circle or that there had
ever been . conspiracy in the orran-
ization to an illegal act The chief
Importance of Boycc's cross ex;nina-
ton was the production of speech
by him ut tho convention of the Fed
Grafton at Salt Lake in 1898. in which
he said that every union should have
n rifle club and every member rifle
so that the Federation could march
$4,000 armed mon in the ranLs of
labor.
Mr. Royce would not agree with tho
accuracy of the quotation, but said
that the sentiment was correct. de-
claring with spirit that when he spoke
the words imputed to him he lad in
mind the misconduct of state troops in
Colorado. the use of troops elsewhere
against the Federation and the con
stitutional right of all citizens tc bear
arms. which was as much the right of
the miner as the aristocrat
Easterly Didn't Finish Testimony.
William Eastcrly, one of the most
important witnesses in the case was
called just before adjournment, and
his testimony will be continued
He occupied the witness chair long
enough, however TO deny directly the
statements of Orchard charging him
with criminal misconduct in COLORADO.
He denied that he had ever discussed
the Vindicator or any other plot with
Orchard or that he had helped Or
chard in experiments for tho device
that blew up the Vindicator mine and
denied that he and Orchard had dis
cussed the Vindcator matter or any
subject with Meyer and Haywood at
Federation headquarters in Denver.