The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-07-11

ii,,,o oeen discharged up to fhe
'iiiic 4HoSer was arrested
Tells of His Arrest.
,, Moyer remained on the stand undor
qdrect Id examination from shortly after
cn l9e morning until a few minutes
perore 4 IN the afternoon. and most of
.ee Iihe was taken up with a recital
ehe witness connection with the
reservation of Miners He told a de-
tn,ieu story oi m arrest at Ouray and his
transfer to Telluride where the mill
tafy refused to recognize the processes
! on ehe courts set in motion to effect his
| ielease lie was arrested on the Dre-
text tnat he had desecrated a flap hv
| tnc issuance of a Fedora ton handbiil
denouncIng the methods of the State
oInclaiS' mine owners and militia. on
WI mna'n an emblem or the American flag
WAS reproduced a copy of this hand
Dill was introduced, and then the wit
ness told of the various efforts TO Sc
cure release and of his subseouent ar-
rest on the charge that he was impli.
cated IN the Vindicator outrage.
only one important clash marked the
Ielatlons OF counsel during the day. The
u.tense ot Wanteo TO prove all the circum-
stances under which Moyer and his
associates were secretly arrested in
Denver, denied communication with
counsel, and taken TO Idaho by special
tram, but the State opposed it. The
court ruled that the circumstances of
the eXtrndltion' were not properly a
part OF the defense, but Messrs. Darrow
ana Richardson continued their plea
that-lt was most important as showing
a conspiracy on the part of the mine
owners and Pinkertons, and managed
to show that Moyer had been denied
permission 10 communicate with coun-
sci, that Bulkley Wells of the Mine
Owners assoclation was in charge of
the. arresting and extraditing party. |
that Wells bad charge of the train, and
that Wells had the keys of Mover 3 |
handcuHs and twice unlocked them
during the journey to Idaho. The al |
tempt to show that the three prisoners |
had been illegally taken to the Idaho |
penltentiary failed under adverse rul.
lngs of the court.
Meyer made self f-possessed witness
and at the end of the long day the de.
Tense expressed satisfaction over both
his testimony and the probable impress
sion he made on the Jurors He is
man OF good appearance and address
and his low-pitched voice is of pleasing
tone He displayed some nervousness
when he first faced the courtroom and
worked il off on lead pencil that he
carried but the examination had not
proceeded far before he seemed quite at
ease. He VIII resume the stand at $3.50
tomorrow morning, when the State will
enter upon its cross ss-examInation. His
direct testimony took very wide lati-
tude and the way Is open for an equally
wide cross-examination. Senator Borah
wlll be the States qucstioner.
Dispositions All In.
AT this mornings session Senator Borah
read the cross examination in the deposi-
ton of w. A. Abcrnathy. "a contractor
and former miner in tho Occur d 'Alenes,
who declared he heard Harry Orchard say
he would GET Governor SteunenbeTs
depositions which had occupied the court
since Monday.
john l. Tlerney. newspaper man of
as the reading OF the depositions was
concluded. lie WAS introduced TO testify
as TO the, political situation in Denver
1905 when IL is alleged that attempts |
were made on the life OF Governor Pea
body and Supreme Court Judges Cod
n candidate for the Legislature In 1904 |
asked II me was elected on the face Of
the returns. but not allowed to take his
seat there was an objection from the | ,
state and the witness was not allowed
10 reply, ,
the public feeling in the city of Denver
was as against Governor Peabody and the
Supreme Court in 1904 and 1905 Again
here came an objection from The State
,
Mr.. Darrow declared it was the p,r-
pose OF the defense 10 show that there
we're others whose feelings and motives
were stronger than any that could be
charged against the Western Federation
IF Miners.
Are you going TO show that somebody
,ther than Orchard committed the
.rimes2" uuered Judge Wood, =
mo your honor replied Darrow. 1--WE :
Til presume that Orchard did these ,
hinss, but we propose to show that he
vas acting Us agent for those who must Z
,uye mad a stronger feeling than the
Western Federation Of Miners. we pro-
,ose TO show that these defendants had !
,hsoIu,eIv nothing TO do with Orchard :
n connection with these Incidents. We |
,ant 70 show motive pure and simple. C
yc want TO show that among "a great Il
.iass of people IN the city Of Denver S
hero was a feeling Infinitely stronger /
han has been charged against the West | u
.rn Federation of Miners as result OF y
he eight hour decision.
senator Borah started to reply TO Mr.
barrow when Judge Wood interrupted.
aying il was not necessary TO take up {
..rbe court is satisfied, he said. that ~
,,ia testimony on the statement OF coun- u
ei is not admissible n
Nv Darrow here said he desired 70 q
30 in,o ihc matter In detail and state r.
he facts expected to be proved by the -
,Gtness. The jury was seslt out of The 81
rx,+,ruoa an PAGE THn "