The Montgomery advertiser., 1907-07-11

now . member of the defense's counsel. as attorney for Orchard at the ex- penss of the Western Federation of Miners. to protect the interests of the organis9tion at Boise. Hanion replied that Nukent desired particulars.
 Haywood in reply said. that the press dispatches indicated that another con- spiracy was on foot to connect the Western Federation of Miners with grave crimes. The Federation. he de- clared, defended no one guilty of crime, but in the past found that if 1t had not defended some of it's accus- ed members, they would have been the victims of conspiracy.
 Secretary Hanlon then wrote to Hay wood and told him MT. Nugent was willing to take up the case if it ap- peared there was to be an effort to put the crime on the Western Federation of Miners. Hanlon declared that be thought it unwise for the Federation to employ counsel at the time as tt would give the capitalistic press an opportunity to say the Federation was concerned in the crime.
 Haywood wrote in reply that he fully appreciated the delicacy of the Feder- ation's position and the antagonistic attitude of the capitalistic press. but he said there was no doubt that evcry- thing would be done to point the fin- ger of suspicion at the Western Fed eration of Minera
 Even the delicacy of our position, under the circumstances" concluded Haywood. must not make us hesitate to protect ourselves"
 When the reading of the letters had been concluded. Mover said that af- ter the preliminary examination of Orchard, he met Fred Miller, an attor- ney. from Spokane, at the residence of John Murphy, general counsel of the Western Federation of 4ainers. Miller told him that he had been sent to Caldwell to represent Orchard at his preliminary examination by Jack Simpkins. the member of the Execu- tive Board residing in Spokane. MD- ler., after the preliminary examination. went to Denver to discuss the matter with the ofiicers of the Federation. He had with him transcript of the evi- dence.
 ~ After the matter had been fully dis cussed, Miller was retained by the Federation to defend Orchard. He was given $1,500 for expenses by Mover and left for Boise.
 Moyer's Arrest in Denver.
 Mir. Darrow then took up the in- cidents of Meyers arrest in Denver. He said that he had bought a ticket to go to the Black Hills to visit the unions. Plans for his trip had been made some time previously. The train was due to leave about eight o'clock and Mover said he had been on board the Pullman but a short while when he was arrested by Pinkerton detectives and taken to the police station where he was charged with the murder of Steunenberg.
 Did you have any fire arms with your"
 Yes. I had an automatic pistol which I always carried when l was on the road"
 Was any opportunity. given you to consult with counsel or your family?'
 Senator Borah was on his feet here with an objection to going into the matter of the extradition of the prisoners, saying it was immatertal and irrelevant.
 Attorney Darrow declared it was highly important as showing the coh' spiracy. He contended that the arrests were made by Pinkertons and that the prisoners were turned over to Bulkely Wells, a member of the. mine owners association to bring them to Idaho.
 Tt that . part of the defense to be offered hereT' queried Judge Wood.
 Tt certainly is." declared Darrow We want to show that this is not ( case of punishing three men for an, crime committed but to get thiq or. ganization out of the way.''
 Judge Wood allowed the witnes, to say that no opportunity was giver to consult c ounsel. The prisoneri were kept in jail until 3 a. m.. wheI they left on a special train. Where did the train stop?"
 Judge Wood did not allow the wit ness to answer This question was also ruled out.
 "Who had charge of the train?'
 An objection was :aised to this ques. tion but Judge Wood allowed 1t to bs answered.
 Mover said that the train was 1T charge of Bulkely Wells. who had beer adjutant general of the Colorado militis and a member of the mine owners as. sociation. There were on the trair two Pinkerton detectives, two members of the Colorado militia and Bob Meldrum, gun man from Telluride A Mir. Mills of Idaho was also on tho train. General Wells carried the keyi to the prisoners handcuffs. The direct examination of Mover was concluded al 3:52 p. m.. when court adjourn d unt tomorrow morning at S:30.