Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-06-28
BoYCE PRINCIPAL wrTNEs
Former President Of Western Fed
tion of Miners on Stand.
HE TELLS OF IT'S oRGAN1zAT1,
Denies Existence OF so-CaIIed "Inner
Circle" and Says There Never
Was n Conspiracy within
the Union.

BOISE, Idaho, June ia ruling made
today by Judge Wood while Edward Boyce.
Tor years the leader of the Western Fed
GRAFTON OF Miners, and now wealthy
mine owner Of the Occur DAlenes, was
testffying in behalf Of William D. Hay
wood, may materially limit the showing
o. the defense as TO the existence of the
counter conspiracy against Haywood and
his associates which II alleges
James II. Hawley for the state, OBJ
jected to general question as to the pol
Icy and practice OF mine owners through
out the west in blacklisting union miners,
ana In the argument that followed Clsr-
ence Darruw, for the defense, claimed that
same latitude in proving counter conspir-
aoy that the state enjoyed in showing a
conspiracy
Mr.. Hawiey contended that the state had
directly shown the existence OF a oonsplr-
acy by Harry Orchard, and by so doing
had laid the foundation for and made the
connection Of all the evidence subse-
quentiy offered on the subject He said
that the defense was trying TO show
counter conspiracy by proving various lso-
lated instances and certain general condi-
tions. none OF which was connected with
the cRbe, and for none of which a 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 to
events In Colorado and the Coeur D'Alenes
connected with the case as now estab-
lished
BOYco IL Principal witness.
Mr. Boyce was the principal witness Of
the day and hts testimony was chiefly de-
voted TO the history, purpose and work of
the Western Federation. He denied the
existence OF an 'Inner circle" or that
there had ever been a conspiracy in the or
ganization to do Illegal act. The chief
Importance Of Boyces cross examination
was the production Of a speech by him at
the convention of the federation held at
Salt Lake in 1898. in which he said that
every union should have a rife club, every
member a rife, so that the federation could
march 1900 armed men in the ranks OF
labor. .tYr
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 miscon-
duct OF Ttate troops in Colorado, the use
Of troops elsewhere against the federation,
and the constitutional right OF all citizens
to bear arms, which was as much the right
OF the miner a. the aristocrat.
william EaEterly. one OF the most i'm
portant witnesses in the case, was called
Just before adjournment. and his testi-
mony will be continued tomorrow. He oc-
cupied the witness chair long enough how
ever to directly deny the statements OF
Orchard, charging him with criminal mis-
conduct In Colorado. He denied that he
had ever discussed the vIndicator OF any
other plot with Orchard. or that he
had helped Orchard experiment for the
device that blew up the Vlndicator mine
and denied that he and Orchard had dis
cussed the Vindicator matter or any other
subject with Meyer and Haywood at fed
GRAFTON headquarters in Denver
Davis Takes the stand.
When W. r. Davis was recalled to the
stand on the opening OF court this
morning Senator Borah took him
over the period he spent In hid
ing in the Hercules mine after the Bunker
Hin explosion. He said that Paulson. and
another man was there. He could not iden-
tify the other man. He remembered two
men calling at the mine while was there
They were union men getting out Of the
country. Orchard said that he was at the
Hercules at this time. Davis was unable
TO recall Orchard as one OF these men.
Bringing the witness down to the Cripple
Creek days, Senator Borah wanted to
know when the witness hrst met Steve
Adams. He could not recall Davis said
he was at home the night OF the explosion
in the Vindicator mine. Eearlier In the
evening he had attended with Sherman
Parker . union meeting at Victor. Davis
denied that he called at Orchards house
and took him to the meeting. He could
not remember whether or not Orchard at
tended the meeting. There were 500 or
1000 men there. Davis could not recall
ha
ing. Neither could he tell Just when he
last saw Orchard prior to the explosion.
Davis testified yesterday that the Cripple
Creek district was entirely quiet and peace
al up to the time the troops were sent in.
Today Senator Borah wanted to know II
the witness had not heard Of a union man
named Stewart being shot to death and
another man named Hawkins being beat
TO death and various other instances
Davis said he had heard OF these cases.
Some, he declared. however. occurred after
the troops came In.
Attorneys In spaFrinE Match.
Senator Borah asked II Davis had not
heard Of Slim Campbell killing a woman
in house OF IN i-1ute In Cripple Creek
Attorney Darow objected to rhis, declaring
Il had nothing to 20 with the calling out
OF the troops The objection was overruled
Davis Insisted this murder followed the ar
rival OF the troops. The witness disclained
any knowledge Of trouble with union men
at the Golden Cycle mine prior to the
coming OF troops During this line OF ex-
animation Senator Borah and Attorney
parrow spared almost continuously. SEN
ator Boruh sought to show that whereas
the witness had said the Cripple Creek
district was as quiet as Boise before the
troops came there was a reign OF lawless-
ness.
Davis insisted the district was quiet and
declared he was willing TO stand on hts
statement OF yesterday. He admitted. how
ever. that he knew OF some nonunion men
being beaten.
cauotor FRorah xuantad a..