The San Francisco call., 1907-06-28

that he felt the justice of all he had
written. In response to further Ques-
tions by Darrow, he said that he had
seen the mine owners employ armed
men in Colorado and also in the CoeUr
d'Alenes in 1892. But IL came out that
these armed men were militia or regu-
lars. There were no people killed By
the armed men in the Coeur d'Alenes.
he said, and added: 1T was very
fortunate that they were regular sol
diers."
The day began with the continuance
OF the cross examination of big Bill
Davis. Senator Borah conducted an
investigation into the conditions in the
Cripple Creek district before and after
the strike of 1893 and Davis assured
him that everything there was as
peaceful could have been. In fact,
there was really no trouble until after
the soldiers came The only difficulty
that the strike committee had. he said.
was in keeping its men from going
back to work.
Then it was strike of the commit
tee" asked Borah, mot of the men?'
Davis rejected that deduction and
explained that the men wanted to go
back to work to make money for their
families He very soon developed an
other failure Of memory and could not
tell whether Mccormick and Beck, the
superintendent and shift boss OF the
Nindicator, who were killed in the shaft
explosion, were union men or not. He
finally concluded that they were not.
He denied telling President Campbell
or the Nindicator company that some
thing would happen if they tried to re-
open the mine with nonunion men.
ADMITS BEING FUGITIVE
Borah then began to grill Davis on
the subject OF when and where and how
often he saw Orchard. The memory
was very bad on this point, but after
hounderinz around for while Davis
ventured this reply:
Il think a fellow would be safe in
saying that he did see him at the con-
vention. He might and he might not"
Borah got after him on the reason
for changing his name when he quit
Colorado after the Independence depot
explosion. After four or five minutes
OF desperate lodging on this Davis got
off this speech:
i changed my name for the simple
reason that when-when I started from
the district I changed my name because
the simple reason why 1 changed my
name was because they deported my
people to New Mexico and Kansas, and
the only men left there were those who
were compelled by family reasons to
take out card (mine owners associa-
ton permiD and go to work 1 changed
my name for various reasons. and for
another reason that I had laid in the
bunpen and been kangarooed in the
courts"
And because you had been turned
loose In the courts you changed your
name. did you?" cut in Borah.
Il changed my name because I saw In
the that fi7aE g.
me-" replied the harassed witness
Exactly. said Borah, that was what
thought"
". W. Rush. an engineer OF the Flor
ence and Cripple Creek railroad, fol-
lowed Davis on the stand He was
the engineer of the train about the at
tempt to wreck which there is con-
nicting testimony. He told a straight
forward story of having been told by
D. c. Scott. the railroad detective. that
an attempt to wreck his train was to
be made at place known as the over
head crossing and of replying that he
did not think that ii could be pulled off
there. as he could see the track too
plainly Thereupon Scott asked him
where would be good place to wreck
a train, and he indicated on certain
curve When he was about to start out
of Cripple Creek that night Scott came
to him and asked to be let off near that
curve He did stop. and saw Scott and
K C. Sterling jump off,
FINDS SPIKES PULLED
Later he saw them at Victor and
Sterling told him that the atte{npt
would be made at the curve and that
he and Scott had stood within 20 feet
of the men who were removing a rail.
Why didn't you shoot them?" Rush
said he asked Sterling. There isn't
jury on earth that would convict a
man for shooting down a train
wrecker"
Sterling had replied that they want
ed to catch the men and had thought
ii best not to get into a fight with
them there.
Rush started out on the next trip
with a train that was run specially for
the use of miners coming home from
night shifts and at the curve he found
eight or ten spikes in the rail re-
moved. He drove five or six back and
went on. Rush manifestly believed
that Scott's remark TO him was tanta-
mount to an admission that the wreck
ing attempt was a put up job.
He testified so at the trial of the
men arrested for the job at the time
and they were all acquitted. Scott is
now here and may be called as a wit
ness in rebuttal. The defense, of course.
cident in the counter conspiracy of
mine owners and detectives, which they
allege. II all turns on the meaning of
Scott's question. The prosecution will
argue that he understood that the
wrecking would be undertaken at the
best place for such work and wanted
to know from Rush where that was
so as to watch there. Orchard testi-
fed to having told Scott that day that
the attempt would be made that night
but he did not know where.
Rush was a very frank witness
obviously telling only the truth as he
saw it,
The last witness of the day was Bill
Easterly. whom Orchard has implicated
in the Vindicator shaft explosion and
several other crimes. He denied every
one OF the Orchard charges as far as
his examination went and said that he
never saw Orchard with Meyer and
Haywood. except when a number of
others were also present. Cripple
Creek, he said, was quieter after the
strike than before, until the militia
came, and then there was more trouble
than ever.
Davis Admits Changing
N IL EIl