The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-06-27

together and thought something ought
| to be pulled off,
After the Denver convention Davis
did not go back to Cripple Creek but
changed his name, went to Cheyenne
and eventually to Goldfield, New,
where he resumed his right name.
One reason he said he changed his
name was in order to get work He
had also seen in the papers that the
authorities were looking for him and
many others. He had been arrested
many times. This ended the cross
examination and Mr.. Darrow took up
| the redirect.
Redirect Examination.
He took up the troubles at Cripple
| Creek before and after the troops
| were sent in. Davis said that aside
| from the assault on old man Stewart
| the beating up of a justice of the
| peace and the killing of the woman
| there was no extra aordinary distur-
| bance. After the troops came in,
| however, there was much trouble, be-
cause he said, the governor of Colo
| rado turned lot of thugs out of the
penitentiary and sent them into the
district.
| Mr.. Darrow here secured the con-
sent of the prosecution to introduce
/ into evidence a notice posted by the
military authorities in Cripple Creek,
defining vagrancy, and declaring that
all able bodied persons seen lettering
about without visible means of sup
port would be taken into custody.
Davis said he was in Jail at the time
and did not see the notice. The union.
however, supported all its members
while they remained in the district.
Did you hear of attacks at Tel
luride on Mr.. Richardson here and
other friends of the federation ?" asked
Mr.. Darrow.
Yes" replied the witness.
Haywood COunselIed Peace.
On recross examination Senator
Borah asked Davis if he made an
effort to find out who assaulted old
man Stuart. The witness said he had
not. Senator Borah mentioned the
names OF Steve Adams, Parker, Camp
bell and others in this connection, but
Davis denied knowing anything about
the matter. Davis said that Haywood
and Meyer spoke at an outdoor meet
ing in Cripple Creek and urged the
men to stand together, but always to
keep the peace
w W. Rush of Denver. formerly an
engineer on the Florence & Cripple
Creek railway. now running as pas
senger and freight engineer on the
Moffat road, running out of Denver
was the next witness. Rush was en-
gineer of the train which the Western
Federation of Miners officials claim an
attempt was made to wreck in order
to put the blame on the union. Rush
said today there were two attempts
AS to the first he knew nothing, but as
to the second he received information.
''Who from?' asked Darrow.
I'D. c. Scott, chief of detectives Mr.
Scott told me on the night of November
IA 1903 to be very careful in running
that night as another attempt would
be made to wreck the train. He said
they would attempt to throw the train
into the ditch near the overhead cross |
ing. l said I didn't think they could
throw me there because you could see
the place too far. Scott then asked me
if 1 knew of any other good place TO |
wreck a train along there. l said 1t !
af f1a second hand
surve east of the overhead crossing |
Scott repeated the location after me- |
On the :55 trip to Bull Hill that night |
Scott got on the train and told me TO
stop near the second left hand curve. L
did so and two men dropped off the rear |
of the train One was tall and the other
short"
A Tall and Short Man.
rs Scott a tall man and Sterling OF
the Mine Owners association, snort
man?'' interrupted Mr.. Darrow.
Yes sir 1t was early in the morn
ing of the 18th of November when the
train reached Victor on the next trip.
Scott and Sterling were there They
told me they've done it said, what!
and Scott said they have removed a rail
at the identical point you thought they
would Scott and Sterling said they
saw men at work
ont and walked ahead to where nine or
ten spikes Lad been taken from rail.
1t was still in place, however"
Would there have been any d1ff1cul-
tv in taking your train across in safe
..I wanted to do it, but the conductor
thought we had better put the spikes
back so we did it,
And that's all there was 10 the train
wrecking?'
yes sir
ON cross examination the witness
said the point where the spikes were
,1,+1 fI7nT OEt a NJ
5aro11s on the road and the most like
" place to be selected by trainwreck-
ere. Il i''
Ed Boyce, who was first president
IF the Western Federation of Miners
and who was a witness for 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 held
interest in the property.
and the defense claims that it was the
oss of this which engendered hatred
Tor Steunenberg in the heart of the
confessed murderer of the dead gov
ernor-
Boyce. questioned by Darrow. said
1re was first struck in the Hercules in
1901 Prospecting had gone on for
IA years prior to that time. Boyce
vas then questioned as to his early life
n the Coeur D'Alenes. He said he was
arrested and brought to Boise in 1892,
.1ong with thirteen others for a teen
lfcal violation of a United States court
Injunction against trespassing. The
lext time he came to Boise was as a
member of the state legislature. The
United States supreme court declared
he arrest of Boyce and others Illegal,
,ut Boyce said he had been released
1y this time.
Royce said that James H. Hawley, :
low leading counsel for the state was
,ttorney for the miners.
e'And it was he who got you out ?"
asked Darrow.
''Mr. Hawley did splendid work for