The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-12

read, Can not get counsel for Hogan"
Haywood's explanation of sending the
800 draft to Jack Simpkins on Decem-
Der 21, 1905, was as follows:
The SimpIins Draft.
"Simpkins came to Denver early in
December to attend a meeting of the
executive board He drew $231 so per
diem and travelling expenses while there
Cashing a check for this he gave Hay
wood 800 and asked him to forward It
to Spokane some time before Christmas
Simpkins said he was going on a trip
and did not want to take all the money
with him. Haywood said he could not
remember whether he bought the draft
and mailed it or whether one of the fed
Grafton stenographers attended to the
matter.
Witness said he had not seen Simpkins
since the executive board matter.
When the matter of employing
counsel for Orchard and to look after
the Interests of the organization first
came up, Haywood said, he and Meyer
consulted with General Counsel Muir
ply, who advised Meyer going very
slowly in the matter. After consid
ering the subject for a day or two,
Murphy advised the employment of
Mr.. Nugent.
The defense offered in evidence
letter written by General Counsel
was ruled out by Judge Wood on the
ground of immateriality. An. excep-
ton was noted.
Haywood went into the details of
the final employment of Attorney
Fred Miller of Spokane, to defend
Orchard. At this time Attorney
Crump, who had represented the mine
owners association of Colorado in
fights against the Western Fedora
ton of Miners, had been called into
the case by the other side.
What was the first you knew of
any intention to arrest you in con-
nection with the MURDER"
''When ] was arrested
Witness then related the story of
his arrest. the denial of a right to con-
suit counsel and the trip to Boise on
a special in charge of General Bulke-
ley Wells, a member of the mine own
erS' asso citation. When first brought
to Boise the prisoners were taken to
the state penitentiary, being later re-
moved to the county Jail at Caldwell.
Indicted for Starting Riot.
Haywood said he was indicted for
melting to riot at Victor following the
Independence depot explosion. He was
in Denver at the time. The case never
came to trial. noIle PROSE- being entered
by District Attorney c. c. Hamlin, who
prior to his election had been secretary
of the Mine Owners association.
This ended the direct examination and
Senator Borah began to cross examine
the prisoner-witness.
He dwelt upon the interest the min
ers at Silver City, Idaho, took in the
Coeur D'Alene troubles. Haywood said
committee was sent from Silver City
to northern Idaho at the time.
1.-The Western Federation of Miners
came to think of Governor Steunenberg
as a pronounced opponent of organized
labor?"
'I believe so, yes. SIR
But prior to this trouble he was re-
garded as a friend?'
Il think so; he was at one time an
honorary member of a local union
'vrhe federation afterwards regarded
him as a friend of capital and as swayed
by capitalists and suppose you Joined
in this view?"
Yes, sir, as an officer, did"
did the miners magazine reflect your
views as well as those of the organiza-
tion -
sometimes"
1T reflected your views as to the
Occur D'Alene?"
His Opinion of BOrah.
I'm some instances it did. 1 did not
approve of the bull pen, of the permit
system, of the indignities upon the men,
but as to Governor Steunenberg I did
not regard him in any other light than
I do you, senator, or Bartlett Sinclair,
or any others who were concerned"
II have understood that replied
Senator Borah, who questioned the
witness as to the article which ap-
peared in the Miners Magazine at the
time Governor Steunenberg left the
office and entitled 1.-The Passing of
Steunenberg," stating that if this
epitaph should come to be written it
would read Here lies a hireling and a
traitor"
Did the article reflect your views
and those of the federation %
LAS to the governors official acts it
did, replied Haywood who added
that the article was directed against
Steunenberg as a state official and not
as a. man.
There were many others who felt
the same way about Governor Steun-
enberg," the witness went on 1.-The
lieutenant governor who served under
Steunenberg wrote an article which
was much stronger than this"
The witness was taken through
long line Of questions as to Jack
Simpkins, developing the fact that
whereas Simpkins disappeared more
than year ago, he is still continued
as member of the executive board of
the federation. When in Denver in
December, 1905, Simpkins said moth
ing of having seen Orchard in Cald-
we'll Senator Borah asked Haywood
about the posting of certain notices in
the Cripple Creek district in 1901.
One of these read: Hence take
notice that on and after September Is,
1901, all who work in Cripple Creek
who are unable to produce a card of
the Western Federation will be re-
garded as an enemy to himself and to
the community at large and will be
treated as such.'' Haywood said in
explanation of this that there was
move on foot to reduce wages
throughout the district. A second
notice called the attention of the min.
ers to the fact that the 18th of Sep
tember was near at hand; that the
time of grace had about expired and
that all who were not for the union,
must be against it. There could be no
middle ground
The Unions Policy.
$50 said Senator Borah 'fthe
Western Federation of Miners had a
permit system of its own and no one
could work where it was in control
unless he had a union card ?''