The Birmingham age-herald., 1907-07-13

kins since the executive board matter. When the matter of employing counsel for Orchard and to look after the interests of the organization first came up, Hay wood said he and Mover conversed with general counsel Murphy who advised go- ing very slowly in the matter. After considering the subject for day or two' Murphy advised the employment of MT. Nugent.
 Letter Ruled Out.
 The defense offered in evidence a letter written by General Counsel Murphy to Attorney Nugent, but it was ruled out by Judge Wood on the ground of lm- materiality. An exception was noted.
 Haywood went into the details of the final employment of Attorney Fred Miller of Spokane to defend Orchard. At this time Attorney Crump, who had represent ed the Mine Owners association of Col orado in fights against the Western Fed eraton of Miners, had been called into the case by the other side.
 What was the first you knew of any intention to arrest you in connection With the murder?'
 When l was arrested
 The witness then related the story or his arrest the denial of a right to con- suit counsel and the trip to Boise on a special train in charge of Gen Bulkley Wells. a member of the Mine Owners as- sociation. When first brought to Boise the prisoners were taken to the state penitentiary, being later removed to the county jail at Caldwell
 Haywood said he was indicted Tor melt ing to riot at Victor following the In dependence depot explosion. He was in Denver at the time The case never came to trial a nolle prosse being en- tered by District Attorney Hamlin, who prior to his election had been secretary of the Mine Owners associtlon. 1hls ended the direct examination and Senator Borah began to cross-eXamine the prls- oner witness. He dwelt upon the interest the miners at Silver City, Idaho, took Tn the Occur DAlenes troubles. Haywood said a committee was sent from Silver City to Northern Idaho at the time,
 Opinion of Steunenberg.
 'srhe Western Federation of Miners came to think of Governor Steunenberg as pronounced opponent of organized labor?"
 "I believe so, yes, sir"
 "Rut prior to this trouble he was re- garded as friend?
 .I think so; he was at one time an non orary member of a local union.
 .''rhe union afterwards regarded him as A friend of capital and swayed by capital ists, and l suppose you joined Tn thls vew?"
 Yes, sir, as an officer, l did
 "Did the miners magazine reflect your views as well as those of the organiza- tion?"
 "Sometimes.'
 It reflected your views as to the Occur DAlepes?"
 Tn some instances it did. l did not approVe of the bull pen of the permit system of the indignities upon the men, but as to Governor Steunenberg l did not regard him in any other light than do you. Senator. or Bartlett Slnclair. or any others who were concerned
 'I have understood that replied Sen a.or Borah, who then questioned the Wit ness as to the article which appeared in the Miners Magazine at the time Gov ernor Steunenberg left the office and entitled the Passing of Steunenberg. The article said that when the Steunen- berg epitaph should come to be written, it would read: Here lies a hireling and a traitor"
 "Dil that article reflect your views and those of the federation?'
 As tc the governors official acts. 1t dd." replied Haywood who added that the article was directed against Steunen- berg as a state official and not as a man.
 There were many others who felt the same way about Governor Steunenberg.' the witness went on. "rhe lieutenant governor who served under Steunenberg