The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1907-06-28
JUDGE WOOD sUsTAINs C0NTEN-
T1oN OF PROSECUTION IN
HAYWOOD TRIAL
Defense Claims Right to Prove q
Counter Conspiracy State Objects
Holding It Has No foundation on
Which to Base its dlain Is Only
Gathering Facts at Random and
Weaving Story.

Boise, Idaho, June 2S.A ruling
made yesterday by Judge Wood while
Edward Boyce, for years the leader of
the Western Federation of Miners,
and now wealthy mine owner of
Couer d d'Alene. was testtfying in be-
half of William D. Haywood may ma
terially limit the showing Of the de-
Tense as to the existence of con-
spiracy against Haywood and his as
sociates which it alleges.
James H. Hawiey, for the state, OBJ
jected to a general question as to
the policy and practice OF the mine
owners throughout the west In black
listing union miners, and in the ar
gument that followed, Clarence Dar-
row for the defense claimed the same
latitude in proving a counter con-
spiracy that the state enjoyed In
showing conspiracy. y
Defense Has No Foundation
Hawley contended that the state
had directly shown the existence OF
a conspiracy by Harry Orchard and
by so doing had laid the foundation
for and made connection Of all eyi-
dence subsequently aSsred on ttle
subject. He said the defense was
trying to show counter conspiracy
by proving various isolated instances
and certain general conditions, none
of which was connected with the
case and for none of which proper
foundation had been laid.
In the ruling the court accepted
in part the contention of the pro-
secution and limited the proof Of the
defense along these lines to events in
Colorado and Couer d'Alene connect.
ed with the case as now established
Ed Boyce was the principal wit
ness of the day and his testimony
was chiefly devoted to the history,
purposes and work of the Western
Federation. He denied the existence
of an "inner circle" or that there
had ever been a conspiracy in the
organization, or illegal acts. The
chief Importance Of Boyce's cross ex-
animation was the production Of a
speech by him at the convention o1
the federation held in Salt Lake II
1898, in which he said every unio1
should have a rife club, every mem.
Der rifle, SO that the federation
could march 25,o00 armed men il
the ranks Of labor.
Admits Making Statement
Boyce would not agree with the
accuracy of the quotation but sait
that the sentiment was correct, ant
declared with spirit that when hi
spoke the words imputed to him, hi
naii in mind the @
troops In Colorado, the use Of troops
elsewhere against the federation ant
the constitutional right of all citi
zens to bear arms, which was al
much the right of the miner as tn,
Iaristocrat.
William Easterly, one Of the mos
important witnesses in the case wa
called just before adjournment AM
his testimony will be continued to
day He occupied the witness chat
llong enough, however, to directl.
deny the statements OF Orchard, ant
charged him with criminal miscon
duct in Colorado. He denied that b
had helped Orchard in experiment
for the device that blew up the Via
tdicator mine and denied that he an,
Orchard had discussed the vindicato
matter or any subject with Moye
and Haywood at the federation head
quarters ID Denver.