The Birmingham age-herald., 1907-06-27

on this occasion. Elliott was released later on the promise of his brother and sister-in-law to take care of him.
 He was then placed in the soldiers home. On redirect examination Elliott said he had not been assisted in any way in stating his testimony, and had received but $2 witness fee and 75 cents in mile- age.
 O'Neill on the Stand.
 The defense here called to the stand John M O'Neill, editor of the Miners magazine. O'Neil said he had been miner for twenty-eight years. The wit ness declared Mover and Haywood had nothing to do with the magazine, al- though they occasionally wrote signed ar ticles.
 What Is the purpose of the magazine?"
 "To educate the miners and unite them politically"
 In his office one day Orchard asked him where Governor Peabody and Gen. sherman Bell lived and said they ought to be bumped off"
 Just at this point in the conversation, the witness wife and daughter came in and Orchard made no further reference to the matter.
 ONeill was cross-examined by Senator Borah. He said the magazine was sup posed to reflect the official views of the Western Federation of Miners which In convention adopted the views of social ism. The magazine is paid for by the Western Federation of Miners, and all money has to be paid out on the order of Haywood, as secretary-treasurer.
 "The magazine could not run twenty four hours without the approval of Hay wood, could it?' asked Senator Borah.
 "The magazine has been adopted by the organization, and the organization IS more powerful than any one officer. If MT. Haywood should decline to pay the necessary money the executive board would probably tell him what his duties were'
 And the executive board" continued The interrogator would get back to Mover, Haywood, Jack Simpkins and Ma ruon Moore and the others?'
 "Yes sir.''
 O'Neill said he did not know of any conflict of opinion in the executive board as to the magazine, and had never been told the magazine was unsuccessful. At this point Senator Borah began to quote from several issues of the magazine early in 1906, following the death of Governor Steunenberg One of thesi contained the expression
 ''The press dispatches report the dissolu- tion of Steunenberg via the bomb route.
 O'Neill said he wrote the sentence
 wasn't it a fact?" queried the witness of the lawyer
 "Yes, I suppose It is," said senator Borah.
 Carelessness in Murder.
 The senator next read an extract from another paper which was printed In the Miners magazine. It read:
 "A chap by the name of Steunenoerg was blown up the other day at Caldwell. He came into fame as the inventor Of that reverend institution known as the bull pen It seems a bomb was care- lessly left at his gate, presumably by some Russian revolutionist. Such care lessness should be frowned down. The gate was completely wrecked"
 ONeill said he selected the clipping and had it published.
 Did you write this editorial?" Senator Borah read an editorial appearing in the Miners Magazine of January, 1906. De- ginning with the statement that Steunen- berg had been Issued into eternity and thus had closed the career Of a man who showed no mercy"
 Continuing the editorial, in most infiam- matory terms deriled outrages in the bull pen' in 1899, attributing to Steunenberg the responsibility for the calling of "black brutes of soldiers who outraged the wives and sisters of miners and refused the re- quest of miner who with the dew or death upon his brow asked for minister and was told that he could make his con- fession in he'll
 The editorial went on to say that the death of Steunenberg was step forward, but that the murder of one man did not destroy this system adopted by the cap italistic class. In conclusion the edltorlal said that the sudden exterminat1on of Steunenberg was not of great moment because Steunenberg would know the result"
 Did you write that editorial?" repeat ed Senator Borah. "Yes, sir
 , And you expressed the views of the organization?' "I think I did"
 You are sure of it. aren't you?'
 "Yes, I'm sure."
 O'Neill declared that Orchard had never come to headquarters in Denver to ask for money
 Testimony of Davis.
 W. F. Davis, a leading member of the Western Federation, was called to the stand as the luncheon adjournment was taken.
 After recess Davis said he was now a resident of Goldfeld, Nev. He began min ing seventeen years ago in the Occur D' Alene district. He joined the miners union in 1S99 He went to work at the Bunker Hill and Sullivan mine in 1891. In 1s9S Davis said he went to Alaska. He came back to Idaho thirteen months later The Bunker Hill explosion oc- cured April 29 1899. Davis said he joined the Western Federation in September, 1S99 before this he belonged to the West ern Labor union. Davis said he knew Fred Bradley of the Bunker hil and Sul- livan mine but never had any trouble with him.
 Did you have anything to do with the blowing up of the Bunker Hill and Sulli- van mine?" asked Darrow. No, sir
 "Did you lead body of 1000 men to , blow it up?" No, sir
 Did you know Harry Orchard?' "No, sir Were you member of the union at that time?' "No, sir ornhard declared on the stand that Da-