The San Francisco call., 1907-06-21
GoDDARp,s DECISION 7oFFERED

range from political comment to extreme de-
nueiati9n steunenberg Peabody and az @odGare 1re
violent language. The dates ran from lSoO 10
the end of 1905.
Ed Boyce. the former president of the west
ern federation Of miners, now wealthy mine
owner of this state. constructive witness
during the reading, although he was not actually
the stand He had been introduced oy Inc
state TO testify that the Miners MaEezine was
the official organ of the western federatio or
miners At the conclusion of the reading the
defense announced that thero would be no cross
examination of Boyee.
Judge Wood here allowed the state t2 intro
duce decision by the supreme court OF Coh,rado
declaring unconstitutional the eight hour law.
Judge Goddard participated in the decision,
The defense insisted that the decision be rs'ao
in its entirety Senator Borah being at the task
for Dearly hour. Luncheon adjournment toe
was taken until o'clock.
After this afternoon Senator BeraU
offered in evidence decision of the supreme
court of Colorado in the case of+Charles II.
Meyer, in which a writ of habeas corpus was
of miners. The opinion was written by Chief
Justice Gabbert and was identified for the pur-
pose of showing alleged animus of the federation
against the jurist whose life was attempted
by Harry Orchard. The reading Of the decision
of the court dispensed with for the time
being to enable the state to call to the stand
James Kirwan, acting secretary OF the western
federation of miners in the absence or HAYWOOD
Kirwan detailed the duties of the office that
be filed He was asked about the membership
of the executive board in different years, the
object being TO show that Jack Simpkins in-
piieated BY orchard in the first attempt upon
Governor Steunenberg. was a member OF the
board in 1904, 1905 and 1906. Kirwan said that
this was true. He said that the president and
secretary-treasurer were ex-ofhcio members OF
the board. Money from the treasury Of the or
ganization paid out on order of the presi-
dent and secretary treasurer.
TALK WITH HAYWOOD
e NJ Stuart A machinIst OF Baker City. Or.
formerly chief engineer of the Trade Dollar mine
at Silver City was called to testify as to cor, con.
The defense objected to this testimony on the
ground that any criticism of Steunenberg during
the Occur d'Alene trouble could not have any
thing to do with fixing the responsibility for his
death. 1t was also argued that In 1899 Hay
wood was but working miner, holding no Of
ers. Judge Wood allowed the testimony. Hay
wood had said to the witness that Governor
Stennenberg tyrant and monster and ought
to be killed. Il believe that exterminated was
the word he used y said Stuart.
Cross examined by Richardson, Stuart said
that criticism of Governor Steunenberg was con-
mon among the miners at Silver City. because
200 miners were in the .bnrl PEN at the time
and held without trial. Asked how it was that
replied:
II had always looked upon Mr.. Haywood as
model citizen and was surprised to hear him say
what he did,
Haywood made several such utterances there
after. but far his conduct concerned
he remained model citizen.
Stuart said that several other men were pres
Steunenberg He could not recall any OF their
names He did not remember the names Of any
of the men working In the mine at that time
The next witness was w. V. Mccartney who
in 1904 was cashier of the Postal telegraph COM
pany at Denver. He identified application
fled with him for the transfer Of sum of
money The Identification of the men to whom
the money Sent was waived by sender. The
papers indicated that the money was paid
SEND FUNDS TO ORCHARD
Tho papers were then offered In evidence. The
first proved 10 be an application made by ]. W.
Wolf of 1725 Stout street. Denver to have the
company pay $3.50 to ID. Green, care Peter L.
Hun. 2I TAYLOR street. San Francisco
~. Wolff" is alleged to have been the name
taken by George A. Pettibone. and 1T25 Stogt
street was the address of Pettibone's store. Or
this money from Haywood. The date of TIL
money transfer September 10. at which tim
Orchard was in San Francisco engaged in oper.i-
tions against red Bradley.
The second paper showed the transfer on Octo-
Der 10. 1904. of s4S to III. Green'' in San
testified that the name "P. Bone" was ofteH
used by Pettibone.
The defense did not cross-exanne McCartnsy
but moved unsucresSfuly to have all of his ties.
tiniony stricken out as not tending In any was
TO connect the defendant Haywood with the kill
ing of Ex-Governor Steunenbere.
Senator Boreh said that this ended the states
Denver office of the Western Union Telegram,
company which were expected tomorrow II
they arrive the state Will close by tomorrow
noon.
The senator then, the last bit of work of
the day. read the decision denying the writ .
habeas corpus to Charles H. Meyer.
The defense insisted that a dissenting opinion
OF the court should also he read Judge W31d
granted the defense permission to read the opir-
ion. but said that Senator Borah would not be