The Birmingham age-herald., 1907-07-11
Makes Positive Denial of Charges
 Made By Orchard
MAKES MINUTE EXPLANATION
Tells How the Federation Came to Assist In the Defense of Harry Orchard In Murder of Gov
 ernor Steunenberg.

Boise, Idaho. July 10-Charles H. Moy- CT went to the stand today, a witness for his fellow defendant William D. Haywood, and besides making positive denials of all the crimes attributed to him and the other federation leaders by Harry Orchard. offering an explanation of the unsolicited appearance of the Western Federation of Miners as tho defender of Harry Orchard. immediate ly after his arrest at Caldwell, for the murder of Steunenberg
 Mover swore that 1t was Jack Simp4 kins who engaged Attorney Fred MIl- Ter at Spokane to 30 to Caldwell to represent Orchard then known as Thom- as Hogan, and that 1t was at the re- quest of Simpkins that the witness and Haywood subsequently advanced s15OO from the funds of the federation to meet the expense of defending Orchard.
 At various stages of the recital the defense offered In evidenc a numbr of documents including a heretofore un- disclosed cipher telegram, which Simp- kins sent to federation headquarters and the union at Silver City, Idaho, cover
 
 which was charged with the crime with in few days after 1t occurred
 Cipher Telegram.
 Mover began by saying that he got his first knowledge of the crime from the Denver newspapers and that on the evening of January 1, five days after the crime, telegram in the federation's ci- pher-a code in which certain numerals representing the alphabet and published n the ritaal of the organization. was used to traAiinit the password to local It was long and the translation was difficult and uncertain, but he and Hay wod figured the next day that it was signed by Simpkins and read:
 Cannot get lawyer to defend Ho- gan. Answer"
 Mover testified that he was suspIciai, about the massage, the newspapers asv- Ing already charged the crime Up to tho federation and that he decided to consult John Murphy. of the counsel for the federation, before he took any steps
 Mover said he left for Chicago that aft ernoon but that Haywood took the mat ter up and opened communication with the urion at Silver City and made ar- rangen'ents to engage Attorney John Nu- gent to look after the interest of tho federation and defend Orchard if neces- sary. The defense produced copies of this correspondence and all of 1t s,yas read into the record. s
 Miller Comes to Denver.
 Continuing, Mover said that Attorney Miller came to Denver about the first of the following month, bringing with him the record of Orchards preliminary hearing. Miller went to Denver at the suggestion of Simpkins. so the witness said. and brought request from Simp- kins that the federation furnish the large amount of money that would be needed to defend Orchard Mover said that he and Haywood conferred with Attorneys Murphy and Miller, and subsequently gave Miller $150O
 Mover denied that he had ever discussed any kind of criminal act with Orchard m anyone else or that he had ever given fiIio cent except for expenses on the trip Orchard made to Ouray as a bodvgnard for him. He said that he had no nersonsI feeling for Steunenberg.
 Mover denied that he participated in the conference in Pettibone's back yard whcrs orchard said he, Haywood and Pettibone had discussed various acts of violence de nied Knowledge of the subseduenf meet ing at federation headquarters where Orchard swore that the Seunenbere and
 
 denied practically every material state ment in all of Orchards testimony. Mover explained that Orchard accompanied to ouray because Orchard was going to Sil- Yerton, and they made the journey to- gether as q matter of convenience Rem resentatives of the United Mine Workers had been beaten up by thugs employed by the mine owners. and the witness and Orchard took along cutoff shotguns for their own protection.
 Gun Is Returned.
 Mover swore that his gun was not used To kill Lyte Gregory. but that Orchard re- turned it to the witness after they got back to Denver. and the weapon had never been discharged up to the time Mover was arrested.
 Mover remained on the stand under 1i- rect examination from shortly after 10 o'clock in the morning until a few minutes before in the afternoon and most of the time was taken up with q recital of the witness connection wit hthe Federation of Miners.
 Only one important clash marked the re- lations of counsel during the day. The de- fense wanted 10 prove al lthe circum- stances under which Mover and his asso- eiates were secretly arrested in Dem yer, denied communication with counsel and taken to Idaho by special train but tne state opposed It. The court ruled that the circumstances of thls transaction were not properly a part of the defense, but Messrs. Darrow and Richardson continued their plea that it was most important as showing a conspiracy on the part of the mine owners and Pinkertons and man. aged to show that Myoer had been denied permission to communicate with counsel; that Bulkeley Wells of the Mine Owners association was in charge of the arrestlng and extradtlon party; that Wells had charge of the train. and that Wells had the keys of Movers handcuffs and twice them on the jurney to Idaho. The attempt 10 show that the three pris- oners had been Illegally take nto the Ida ho penltentiary failed under adverse rul- ings of the court.
 Morning Session.
 A portion of the morning session was given to the further reading of deposi- tions taken in San Francisco. Among the witnesses examined was Fred Miller. one of the attorneys for William D. Hay
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