The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-06-15

bins, cashed by the Exchange Nation
al bank at Occur D'AIenes.
October %. 1905. $115.60; National
Bank of Commerce of New York; lby
William d. Haywood and endorsed to
L. ]. SimDkins. cashed by the Ex-
change National bank with the addi-
tional endorsement of Frank Tib-
balls. =
December &c. second figure cut out
1905, 500; Mechanics National bank
of New York; by w. d. Haywood and
endorsed to L. j. Simpkins, cashed by
the Spokane & Eastern Trust com
pany with an additional endorsement.
January II, 1906. $166.35; National
Bank of Commerce, New York; by w.
d. Haywood and endorsed to L. ].
Simpkins, cashed by Matilda Simp-
kins wife" at Traders National bank
of Spokane.
ruled that on the state showing the
connection between Simplins and the
defendant he would admit the drafts
as evidence.
Twenty-one other drafts were intro
duced and the figures identified. They
were not introduced in evidence ana
We're only marked for Identification.
Thousands of Drafts.
The bundle of drafts was examined
very closely by Haywood, who confer
red with Clarence barrow on each one.
On cross examination. Houston SAID
that thousands of drafts were sent out
in the course of a year by Haywood
or in his absence by Kirwan. his as
sistant.
Major H. A. Naylor of Victor. Colo.
assistant secretary of the Mine own
ers' association. was the next witness
At the time of the explosion in the
Vindicator, Naylor was an officer in
the National guard of Colorado he
went ito the mine shortly after the
explosion. Fragments of a pistol
were identified by the witness. Tney
n Of niSfnl
which Orcahrd said the mine In the
sixth level was fired.
Naylor found the fragments himself
They were offered in evidence, oD-
jected to and admitted.
J Naylor also Identified a piece of wire
found wrapped around the guard rail,
the lifting of which Orchard said pulleo
the trigger that fired the powder In the
Vindfcator mine. Under cross exam1na-
tfon Naylor said the National Guard
was called out in September, 1908, during
the Cripple Creek strike. He was IN
charge of camp about mile from the
Vindicator and detail on city near the
shaft.
knew anything of the detailing of four
men to shoot up the tool shed OF the
Vindicator. In the course OF MS ex-
animation Richardson insinuated that
the defense would try to snow tnat tne
Vindicator owners were behind in the
pavment of their assessment to the
Mine Owners association and that the
soldiers were employed to create as
turbances and destroy property when
the Mine Owners association laid to
the door of the Western Federation of
Miners.
Naylor said he knew nothing of any
arrears due from the Vindicator mine
He is now assistant secretary or the
Mine Owners association, but was not
with that organization during
the strike The witness was asked If he
did not have a decided aniInosity against
members of the miners union.
- --Aa He Was Not Sure.
"I don't know that I have,% replied
: Were you with Major Tom McClel-
land when he said, To hell with the con-
%
NO SIR
''Or Sherman Bell when he said, To |
hell with habeas corpus, we will give
EN- post mortems' ?"
mo, sir
But you heard of these statements?"
Naylor declared he had nothing to do
with the actual deportation Of union
miners from Cripple Creek, although ne
made many arrests, some of the miners
so arrested being men of family.
Naylor said he succeeded Michael
Connors as marshal of Victor, Colo
.sAnd you We're appointed because or |
your well known hatred and luminosity |
toward the Western Federation of Min |
srs," declared Richardson
It don't know that / was.
Naylor was asked as to the character |
IF various men who served under him |
IS marshal, among them Kid Waters, |
Tim Warford, Jack Bowman and others
questions as to whether or not these
men were known as professional gun
men," were ruled out by Judge Wood
Attorney RICHARDSON developed the fact,
however, that Warford is now in the
NaylOr denied ever hav-
nG known Tom Hogan or Harry Or
hard.
purpose of the defense to attempt !
urther to connect the Mine Ownerst
association with the outrages in. Grip
lie Creek, this time with the indie
,endence depot explosion to which
orchard has confessed on the stand,
Steve Adams.
The Independence Affair.
The attorney wanted to know if
laylor had not attended meeting
With Orchard and Others at Victor the +
vening of June 5, 1904, and if he had
lot informed the militia to be ready
hat something was going to happen.
Jaylor denied that he had ever attend
d any such meeting and said the mill
ia was not on duty at the time
But you were anxious to get the
militia back weren't you ?"
mo. sir. there was no reason to
ave them there"
Richardson next attempted to show
hat as major of militia, Naylor took
IL of his orders from the Mine Owners
ssociation. but the witness declared
fe knew of no orders coming from the
ssociation at any time.
Former Governor Peabody, who was
\ the office at the time of the Cripple
'reek disturbances, entered the court
DOM while Major Naylor was under
ross examination He was accom-
anied by his wife and daughter. They
ere given seats inside the bar, a few
eet behind Haywood
Naylor said the troopes were ordered
nto Cripple Creek in 1903, but therej
-ar M disorder until Nnuarn her 1 3 !