Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1907-06-28
Holds State Has Estab.
lished Conspiracy,
Defense Has Not.
BEARING is IMPORTANT
Prosecution EnIarges on Previ.
Gus Silence of Opposing
Witnesses.

Boise, June 2S.-When court ODened
this morning in the Haywood case DR.
McGee was recalled by the state for
cross examination. Nothing of impor-
tance developed from McGee
William Esterly. who was one of the
leaders of the great Cripple Creek
strike. and whom Orchard connects
with some of the violence in Cripple
Creek, was recalled. Esterly directly
denied Orchards testimony that refers
upon him. and swore i'll the fall of 1905
he heard Orchard threaten 10 kill Ste,i-
nenberg.
Could Not Explain.
On cross examination the state
strongly attacked Esterly for remain
ing silent after he knew Orchard as
Thomas Hogan, had killed Steunen-
berg, and not speaking until Orchard
made a confession duplicating the
Western Federation of Miners.
Limits Defense.
Boise. Idaho, June 2S.-A ruling
made yesterday by Judge Wood wht G
Edward Bryce. for years leader of the
Western Federation of Miners ana
now wealthy mine owner of the
Occur d'Alenes. was testifying in be
half of Haywood. may materially limit
the showing Of the defense as to the
existence of the counter conspiracy
against Haywood and his associates
which it alleges.
James H. Hawley, for the state. Oh
jected to a general question as to the
policy and practice of mine owne 3.
throughout the west in blacklistina
union miners. In the argument thai
followed Darrow. for the defense
claimed the same latitude in proving {
counter conspiracy that the state en-
joyed in showing the conspiracy
Cases Unparalleled.
Hawley contended the state had Gl
rectly shown the existence of a con
spiracy by Orchard, and by so doin-
had laid the foundation for and made
the connection of all evidence subse
quently offered on the subject. HI
said the defense was trying to show {
counter conspiracy by proving various
isolated instances and certain genera
conditions. none of which was con
nected with the case and for none
which a proper foundation had bee!
laid.
In ruling the court accepted in pag
the contention of the prosecution an
limited the proof of the defense alon
= this line to events in Colorado an
the Occur d'Alenes connected with tn
case as now established.
Boyce was the principal witness &
the day and his testimony was chief
devoted to the history, purposes an
work of the Western Federation. II
denies the existence of an Inner ci
Gle" or that there had ever been
conspiracy in the organization to d
an Illegal act.
warlike Speech.
The chief development of B0yce
cross-eXamination was the producti1
of a speech by him at a convention ;
the federation at Salt Lake in 1S9
in which he said every union shou
have rifle clubs and every member
rifle. so that the federation cou
march 25,000 armed men in the ranl
of labor.
Boyce would not agree to the l
curacy of the quotation. but. sayir
the sentiment was correct, declar'
with spirit that when he spoke Il
words imputed to him he had in mir
the misconduct of state troops in c.
orado, the use of troops elsewhe
against the federation and the cons
tutional right of all citizens to be
arms which WAS as much the right