The Montgomery advertiser., 1907-06-28
PUTS LIMIT ON DEFENSE Ruling of Judge Wood
 in Boise. CAN'T SHOW COUNTER PLOT Easterly Denies Story Told by
 Harry Orchard. r: 3oyce and W. F. Davis Pr;n7 -slI- witaesse. Tn The Trial Of Hay
 wood-Lawyers Argue

Boise. Idaho. June 27--A ruling made today by Judge Woods. while Ed- ward Boyce. for years the leader of the Western Federation of Miners and now a wealthy mine owner Of the Couer dAlenes. was testifytnR in be- half of William D. Haywood. may ma terially limit the showing of the de- fense as to the existence of the coun- ter-conspiracy against Haywood and his associates which 1t alleges.
 James H. Hawley. for the state. ob- jected to a general question as to the policy and practice of mine owners throughout the west in black-listfng the union miners and in the argument that followed Clarence Darrow for the defense claimed the same latitude fin proving counter conspiracy that the state enjoyed in showing a conspiracy.
 Mir Hawley contended that the state had directly shown the existence of q conspiracy by Harry Orchard. and by so doing had laid the foundation for and mado the connection Of all the evidence subsequently, offered on the subject He said that the defense wam trying to show counter conspiracy by proving various isolated instances and certain general conditions none of which was connected with the case and for none of which proper foun- dation had been laid.
 In ruling. the court accepted in part the contention of the prosecution and limited the proof of the defense along this line to events in Colorado and tho Couer d'Alenes connected with the case as now established.
 Ed Boyce was the principal witness of the day and his testimony was de- voted to the history. purpose and work of the Western Federation. He de- nfed the existence of an inner circle" or that there had ever been con- spiracy nthe organization to do any illegal act. The chief object of Boyce's cross examination was tho production of a speech by him at the convention of the federation held at Salt Lake in 1898 in which he said that every union should have rifle club every member q riae, so that the fea~ eration could march 25.o0o men in tho ranks of labor.
 Mir. Boyce would not agree with the accuracy of the quotation but saying that the sentiment was correct, declar- ed with spirit that when he spoke the words imputed to hirp he had in mind the misconduct of the state troops, the use of troops elsewhere against the federation and the constitutional rights of all citizens to bear arms which was as much the right Of the miner as the aristocrat.
 William Easterly. one of the most important witnesses of the ease, was called just before adjournment and his testimony will be concluded tomor- row. He occupied the witness chair long enough however to deny directly the statement of Orchard charging hIEn with criminal misconduct in Colorado-
 The greater part of the morning ses- sion was used in completing the ex- animation of W. F. Davis, whom Orch- ard swore inspired several of the prin- cipal acts of violence committed at Cripple Creek during the strike. Sena- tor Borah searchingly questioned him as to the Cripple Creek strike and It's principal events, and his action in changing his name. hut the witness held to his denials of misconduct of himself and his assistants.