Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-06-28
MINE OWNERS GUILE.
Continued from First Fage.)

Continued from First Fage)
the two accused men urged the miners to
maintain peace and order.
Trouble at Victor.
Did you ever hear Meyer and Haywood
tell Orchard in Denver in your presence
that he could not go too fierce at Cripple
Creek to suit them?'' asked Mr.. barrow.
II did not" replied the witness.
Easterly said he was arrested at Cripple
Creek "as a matter of military necessity
and was thrown into the bull PEN for
violence. Easterly said he was at home In
bed when the Independence depot was de-
stroyed. He did not know what had hap
pened until next morning He then heard
that the soldiers were coming and went to
Cripple Creek, whence, along with many
others, he went to Victor.
Were you armed?" asked Darrow
No sir; not with rife"
Easterly said he had siX-shooter.
AT Victor he went to the union hail.
where several hundred members of the
Western Federation of Miners were gain
cred. The streets were filled with all SORTS
of people some soldiers some detectives
and some mine owners officials. Easterly
declared that the soldiers In passing federa-
ton men would say: There's one that
ought to be hanged or have his head shot
off"
Then the Soldiers Shot.
In the afternoon C. c. Hamlin, secretary
of the Mine Owners Association, made
speech in the streets in which he referred
to the Independence depot explosions and
said that fifty or more of the leaders ought
to be hanged and the rest driven out of the
district Then a shot fired and, as
Easterly put it, 1.-The fireworks began.
You We're armed?" repeated barrow.
YES. sir.
What did you do?'
II did like many of the others; 1 was
very badly excited"
where did you go?'
When the firing was over went up
Sd avenue and stayed there until l saw the
militia maneuvering around and apparent
ly surrounding the union hall. Then they
began shooting.
Yesterdays Proceedings.
w w Rush of Denver, formerly an en-
gineer on the Florence and Cripple Creek
railway. and now on the Moffat road out of
Denver was then called to tell about the
alleged train wreck plot
Where do you think there is good place
to wreck a train?" Scott asked. Rush re-
piled that the most dangerous spot was In
rounding a sharp curve, the second curve
from Victor
Rush said the next night his train was
stopped by Scott, who told him that some
one had trleQ 10 wreck the tTdlll DIT lUt very
spot suggested by him dangerous.
Rush said he walked down to the curve
with Scott and found about ten spikes
pulled on the outside rail. Scott said he saw
the men pun the spikes and would have
them arrested. The officers of the union
were arrested the next day and charged
with the crime.
The testimony of Rush appeared so truth
full and convincing that the attorneys for
the prosecution did not waste time on his
cross examnatiOn. The same evidence prac-
tically was brought out when the accused
labor officials were tried in Cripple Creek
three years ago and the judge instructed
the jury to bring in a verdict for the de-
PENDANTS.
Boyce Tells of the Hercules Mine.
Ed Boyce who was the first president
of the Western Federation of Miners and
who was witness of the state, was called
by the defense after Rush retired Boyce is
one of the principal owners of the Hercules
mine in the Occur d'Alenes. Orchard once
had sixteenth interest in the property and
the defense claims that 1t was the loss of
this which engendered hatred of Steunen-
berg in the heart of the confessed murderer
of the dead governor.
Ed Boyce denied the existence of an I'm
ner circle" that there had ever been
conspiracy in the organization to do an lille
gal act.
Made Incendiary Speech.
The most important point in Boyce's cross
examination was the production of a speech
by him at the convention of the federation
at Salt Lake in 1893, in which he said that
every union should have a rifle club and
every member rifle SO that the federation
could march 5000 armed men in the ranks
of labor.
A copy of the speech was put in evidence
as was, on request of the Defense the tit'e
page, showing that the speeches appeared in
pamphlet compiled by the Mine Owners
Association in Colorado, and which bore the
title. The Criminal Record of the Western
Federation of miners from 1.OO'to 1901
Mr. Boyce would not agree with the ac-
curacy of the quotation, but, saying that
the sentiment was correct, declared with
spirit that when he spoke the words i'm
puted to him he had in mind the misconduct
of state troops in Colorado, who in passing
through the streets beat women with the
butts of their guns and called them vile
names; the use of troops elsewhere against
the federation and the constitutional right
of al citizens to bear arms, which was as
much the right of the miner as the aristo-
GRAFT
Judge Limits Defense.
A ruling made by Judge Wood while Ed
ward Boyce was testfying may limit ma
terially the showing of the defense as to the
existence of the counter-conspiracy against
Haywood and his associates
James II. Hawley for the state objected
to general question as to the policy and
practice of mine owners throughout the
west in, blacklisting union miners, and in
the argument that followed Clarence OAR
row; for the defense. Gained the same lati-
tude in proving counter conspiracy which
the state enjoyed in showing conspiracy
Mr. Hawley contended that the state had
directly shown the existence of 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-conspracy bv
proving various isolated instances and GER
tam general conditions. none of which was
connected with the case and for none of
which 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 this line ia
events In Colorado and the Occur d'Alenes
connected with the case as now esta hIlshad