The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-07-02
DECISION AGAINST DEFENSE
Limits Proof of Counter Conspiracy
Against HayWoorl
BOYCE ON THE WITNESS STAND
Connected With Federation for
l. Now Wealthy Mine Owner-De-
MED Existence of an "Inner Circle
i'm the Organization.

Boise, Idaho June CA ruling made
today by Judge Wood while Edward
Boyce, for years the leader of the Yes
tern Federation of Miners and now a
wealthy mine owner of the Couver
D'Alenes, was t~estifying in behalf OF
VIM D. Haywood, may limit mater
tally the showing of the defense as to
the existence Of the counter conspir-
acy against Haywood and his asso-
ciates
James H. Hawley. for the state,
objected to a general question as to
the policy and practice Of mine own
ers throughout the west in blacklist
ing union miners, and in the argu-
ment that followed Clarence Darrow,
for the defense, claimed the same latl-
tude in proving counter conspiracy
that the statee enjoyed in showing a
conspiracy.
Mr.. 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 the connection OF all
the evidence subsequently offered on
the subject. He said that the defense
was trying to show a counter consplr-
acy by proving various isolated III
stances and certain general conditions
none of which was connected with the
| case and none for which the proper
! foundation had been laid.
In ruling the court accepted IN part
the contention of the prosecution and
limited the proof Of the defense along
along this line to events in Colorado
and at the Couver D. Alenes mind
connected with the case as now estaD-
lished.
Ed Boyce was the principal witness
Of the day, and his testimony was
chiefly devoted to the history, pur-
noses and work of the Western FEEDER
alton. He denied the existence OF al
elmer circle or that there had ever
been a conspiracy IN the organlza'
ton to do an illegal act.
The chief Importance OF Boycet
cross examination was the production
Of a speech by him at the cOnven
tion of the Federation at Salt a
City in 1899 in which he said tina
every union should have a rifle cluI
and every member a rifle, so that tn
Federation could march $4,000 arme'
men into the ranks of labor.
Mr.. Boyce would not agree with tn
accuracy of the quotation, but sayln
that the sentiment was correct, declar
ed with spirit that when he spoke tn
words imputed to him he had in min
the misconduct of state troops IN Col
| orado, the use Of troops elseWher
: against the federation and the const1
tutiona1 right Of all citizens to pea
arms, which is as much the right
, the miner as of the aristocTat.
William Easterly, one Of the mo-
, imnOrtant witnesses in the case wa
called just before adjournment and n
! testimony will be continued tomorro'
He occupied the witness chair loh
! enough, however, to deny directly u
. statements Of Orchard, charging Ill
5 with criminal misconduct in Colorao'
a He denied that he had ever DISGUISE
the Vindicator or any other plot VIII
Orchard. or that he had helped y
chard in experiments for the oeFi'
that blew up the Vindicator mine al
denied that he and Orchard had al
cussed the indicator matter or al
:. snhiect with Meyer and Haywood
Federation Headquarters in DenVeli