Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-06-28
Former President BOyce Denies
Existence of Inner Circle"
or LaWIeSS Conspiracy With
in Miners ORGANIZATION,
COURT RULING MAY
HAMPER THE DEFENSE
Objection Of Prosecution to
Latitude Allowed in Attempt
to Prove Counter Plot Par
tally Sustained,

10y ""'h'hS 1o"Ihai Speciai Leased Nife.I
Boise Idaho June 27.-A ruling
made today by Judge Wood while Ed
Boycc. for years the leader of the
Western Federation of Miners and
now wealthy mine owner of the
Occur d dAlenes, was testifying in be-
half of William d. 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 II. HaWley, for the state, OBJ
jected to a general question as to the
policy and the practice of mine own
ers throughout the west in black list
ing miners, and in the argument that
followed. Clarence DarroW, for the
defense, claimed that same latitude in
proving counter conspiracy that the
state enjoyed in showing its consptr-
acy.
Mr Hawley contended that the state
had diree' shown the existence of
Il cor " Harry Orchard, and
by so doing had laid the foundation
for and made the close Of all the evil
dence subsequently offered on the
subject He said that the defense was
trying to show a counter conspiracy
ny proving various isolated instances
and certain general conditions, none
Of whichA Were connected with the
case and for none Of which proper
foundation had been laid
In ruling the courJ accepted in part
the contention Of the prosecution and /
limited the proof of the defense along |
this line to events in Colorado and the |
COeur d'Aleues connected with the (
case as now established.
ed Boyce was the principal witness !
of the day and his testimony was |
chiefly devoted to the history, pur- |
poses and work of the western Fed !
Grafton. He denied the existence Of
an "nner circle or that there ever !
had been any conspiracy in the teder- |
alton to do an Illegal act. The chief |
importance Of Boyce's -eXamina-
ton was the production of a speech |
by him at the convention of the Fed
Grafton in salt Lake in 1898. i'm Which !
he said that every union should have |
a rifle club, every member rifle, so /
that the Federation could march o.
600 armed men i'm the ranks of labor
Mr.. Boyce would not agree with the /
accuracy of the quotation, but saying ,
that the sentiment was correct, de-
clared with spirit then he spoke the
words imputed to him. he had in mind
the misconduct of state troops IN -
orado. the use of troops elscWhf
against the federation and the -on
tutional right of all citizens to bt r
arms, was as much the right OF 1
miner as the aristocrat
william Easterly. one of the mo
fmportant witnesses in the case, WtS
called lust before adjournment, and
his testimony will be continued tomor-
row. He. occupied the witness chair
long enough, however, to CONTRADICT
the statements Of Orchard charging
him with criminal misconduct IN COL
oraGo He denied that he h1d ever
discussed the Nindicator OF any other
plot with Orchard or that ne hau
helped Orchard on the experiments
for the device that blew UP the Nlh
dicator mine, and denied that he ana
orchard had discussed the Nindicator
matter or any subject with Meyer ana
at Federation headquarters
in Denver. l.
When W. f. Davis was recalled to
the stand on the opening OF court tnI
morning. Senator Borah took MN
over the period he spent IN hidlhg IN
the Hercules mine after the Bunker
He said Paulson and another man
were also there. He could not lueu-
tify the other man.
He remembered two men calling az
the mine while he was there. IheY
were union men getting out OF the
country.
orchard said he was at the Her
rules al this time. Davis was una
bile TO recall orchard as one of THESE
men. Ia
Bringing the witness down to the
Cripple Creek days. Borah wanted 10
know when the witness first met II
Steve Adams. Davis could not recall
the date.
Davis said he was at home the
night of the explosion i'm the Nindied- q
Tor mine Earlier in the evening ne
had attended with sherman Parker
. union meeting at Victor.
Davis denied that he called az Or
,hard's house and took him 10 tins
meeting. and he could not remember
whether Orchard attended the meet :
ng. There were 500 to 1000 men
here r.
He could not recall when he first 2
saw Orchard after the meeting.
Davis testified yesterday that Inc 4
ripple Creek district was entirely
luiet and peaceful up 10 the time the
-roops were sent in. Today Boran
.ited several cases of shooting. but
he witness declared that most OF j
hem occurred after the troops were
'aped ,
He maintained that the district was
iuiet although he admitted that ne :
Knew OF non-union men being beaten d
before the troops arrived.
Borah wanted 10 know if the strike D
'ommittee did not spend most OF HS
line preventing the men going back j
20 work Davis said 90 required some
work 90 keep the men In line FOR the