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Verts br tb* Party •f Y*ur Class MONTANA NEWS. OWNED AND PUBLISHED B Y T H E SOCIALIST PARTY OF MONTANA Abolish tkc Capi- talist System VOL V. HELENA MONTANA, THURSDAY, JULY 4 1907. NO. 34. Defense •lata nistorissl Ll&rvn ed Up Work of Combating Orchard's Testi mony Under Way—Long Array of Witnesses Boise, June 27. The defense is now well under way. It does one good to see the Westorn Federation men (rather in to go on the stand and uphold their accused brother! with one voice, an 1 the con- sciousness of the far-reaching power and necessity of their cause. And they are such a bunch of stalwarts, these undaunted western union men. Many of th<>m have been shipped from camp to camp through the ven- ge: nee of the mine owners. Some of them have been so bitterly pursued by the emissaries of the employing class that they hav» Jeopardized their freedom by coming here to testify, and will probably be put under arrest before they can leave town. And a* one of them said, " W e are all here to go to the river." A working class that will hang to- gether like that in spite of bull pens, jobbed courts, the blacklist, and other outrageous persecutions will yet clear the path of civilisation for their class interests. The prosecution look puny, pusillan- imous and degenerate besi.les these big, intelligent, determined men, with the light of serious purpose in their •yes. Far off from the progress, the loyal heart, the pene.-ons s^ mpathies e* ivarkind are this? who will throw ti>e'r weight against th I labor of the world. When labor is lifted up, man- Iliad will also be lifted up, and the Western Federation is a part of labor that is lifting itself up. The prosecution attorneys looks un easy and out of place as one after another of these witnesses come to the Stand. They give their testimony in such full, clear, self-possessed decisive tones. Their manner has the inherent dignity of men who know they are right. Their very presence commands respect. The prosecution witnesses had the lifeless aspect of those who were talk ing for mercenary purposes. The de- fense witnesses carry the force of those who are testifying for their convictions. Impeacl v:cnt Questions. On Tuesday worn ng Orchard brought or thni the defense at'ir- neys might '-oncl'ide asking their im- peachment tji.eat'onf. of hi.n. ! he 1/i.nd march li.e thugs took pU ;9 o. ».« more with 1 hnfsn leading ' Mr. P'cn.udscn afked the *rat 'i' 1 Htl as fj'l >w» "Did you have a conversation with Max Malich at the Turkish baths, at the Windsor hotel in Denver, in which yon called Steunenberg a vile name, and said you were going to get away with him if you did not live twenty- four hours afterwardst" Orchard denied the conversation, but said be had been in the Turkish bath with Malich. John D. Elliot was then asked to stand up and Orchard was asked if he had ever seen him before. He said he had not. Mr. Richardson then put the ques- tion as to whether Orchard had met this man in a car on the Oregon Short line the la»t of November 1905, and engaged in conversation with him, in which Orchard gave his name as Ho- gan, and said he had left the miners, and was now working for the Mine Owners' Association ;that the conflict between these two classes would re- sult in the breaking up of the Western Federation of Miners; that ways would be found to do this. Orchard denied the entire conversa tion. Mr. Richardson then asked if he had a conversation with D. C. Copley in Sau Francisco after the Bradley explo sion. Orchard admitted that he did have, and that he went to Copley's rooms. Mr. Richardson then asked whether he had spoken of his interests in the Hercules mine, denounced Steunenberg and said he would got even with him if it was the last act of his life. Orchard denied theconversation but admitted that he had talked to Cop- ley about going into the business of defacing coins. Charles O. Sullivan arose and was identified by Orchard. Both men had roomed at Neville's. Mr. Richardson Pinkertons Exposed Methods Shown Up of Spotters and Thugs—Detectives Create Dis- turbance and Lawlessness Union Veterans Reviews History of the Idaho and Col* orado Wars—Witnesses Tell Ex- perience of the Bullpen sation with Sullivan in which he spoke asked Orchard if he had had a conver- of Steunenberg, said he ought to be killed, and that he would kill him him- self. Orchard denied the conversation Mr. Richardson then asked if in a game of cards, in a saloon at Wallace in the fall of 1905, Orehard had told of his troubles in the Coeur d 'Alenes to Frank Hough, spoke of Steunenberg by a vile name, and said he had no right to live. Ochatrd denied the conversation. He was asked if he had a conversa- tion with James Ramey, a Btage driver in the Coeur d'Alenes. in April 1899, in which he said he would like to sell his interest in the Hercules for $400, as he had to leave the country Orchard denied the conversation Witnesses Called Lottie Day was the first witness called by the defense The prosecution had first brought her up here from Denver, but on closer examination they were afraid to put her on the stand, and sent her back to Denver. The defense then called her, and she made the journey again. She roomed at the Belmont hotel, over Pettibone's store in Denver at the same time that Orehard was there. She testified that he had once told her that he once loved a woman, but was separated from her by poverty, that he might have been rich had it not been for Steunenberg, and that he would kill him because he stood be- tween them. He spoke of gambling to get some of the miners' money and when Mrs. Day spoke of the uncertainty of such a course, be said that he never went broke, for when he made any money he put some of it in Pettibone 's safe to be kept for him. Mrs. Mary King, who kept a board- ing house in Cripple Creek, testified that B. C. Sterling, detective for the Mine Owners' Association, roomed at her place, and that Orchard was often in his room, coming up the back way. Miss Frances King corroborated her mother's testimoney, thus proving Or- chard a perjurer in connection with his other numberless crimes. Mrs. Alice Fitzhugh, who bought out Mrs. King, gave substantially the same testimony. She said Orchard had come to see Sterling at least a dozen times before June 6, the date of the depot explosion C W. Aller, who worked in the rail- road office at Cripple Creek, testified that Orchard had frequent interviews with D. C. Scott, the detective for the Florence and Cripple Creek road, and was with him at various times for three weeks before the depot was blown up. Scott, Sterling and Orchard were often together. The witness stood the cross examina- tion splendidly The oountejB-eonspir- acies are now brought out in bold re- lief, and the jury will have the oppor- tunity to determine on which side the diabolical plotting has been. Boise, June 28. On Tuesday afternoon Ira Blizzard, a conductor, testified that when the blood hounds were put on the trail after blowing up the Independence de- pot, lie telephoned to K. C. Sterling, detective for the Mine Owners' Asso eiation, and he replied, "Call the dogs off, we know who did it." Dr. MeGee from the Coeur d'Alenes said that Orchard was playing poker in u saloon at Mullen at the time the Bunker Hill was said to have been blown up. Dr. McOee is the man to whom Ochard told that he was spot- ting, and wanted to know if the doc- tor had any easy money to dispose of. The doctor told him if he wanted a political job to go to Johnson, the chairman of the campaign committee. D. O. Scott, detective for the Flor- ence and Cripple Creek road, was called by the defense. He has been in Boise for some time, brought by the prosecution, but another one of their witnesses that they have feared to put on the stand. He gave definite information that K. C. Sterling was (Continued on Page 8.) Boise, June 29. W. W. Rush was the engineer who was carrying the train over the Flor- ence and Cripple Creek road on the night of the alleged attempted wreck. He testified in the trial of the strike committee in Cripple Creek that D. C. Scott gave him information that the wrecking was going to be attempted, and asked if he knew of a good place on the road to wreck a train. It was at this point that a few spikes were found to bo removed. The witness was a healthy, hearty, frank, young worker. The jury watch- ed his face most intently while he was giving his evidence. The very state- ments of these men who do things car- ry vital might. They represent the primal necessity of that conscious and useful activity that makes life pos- sible. The human mind turns with in- stinctive love and confidence to the worker that maintains its existence. It is this basic dependence on the grapple with the material need that is the substructure of the whole social- ist position. This grandeur and power of labor shall illumine the earth-life and make it glorious. This witness did splendid work for defense. He showed there was noth- ing to the "wreck" but a shamming put up by the employers to lay a trap for the union. Ed. Boyce, the first president of the Federation, was called for the defense. Boyce is a character that is revered and loved throughout the ranks of western unionism. He is a man of grand and noble impulses— one to whom the well-being of the working class was a perpetual aspiration. His mind is broad and deep, and be brought the strength of his great abil- ity to bear upon the problems of labor, with which he was thrown. He has been for many years the personal friend of Debs who justly appreciate 1 his rare and beautiful nature. He held an interest in the fabulously wealthy Hercules mine—the one in which Orchard was compelled to sell his share—and is to-day near the mil- lionaire mark; and there is no one who knows him, but rejoices at his good fortune. It was in Boise jail, held there on account of the labor troubles of 1899 in the Coeur d'Alenes, that he with other labor men first formed the West- ern Federation. He of so replied to Mr. Darrowthat he had been sentence! one other time to Boise, for two years to tho stato senate. Mr. Hawley was the council of the union men that advocated the forma- tion of a central body of the Rocky Mountain miners. He said the mine owners had set the example. Mr. Boyce said the latter were organized in 1890 at Helena. On the 15th of May in 1893, the first general convention of the miners was called at Butte, made up from the del egates of the western country. Th< purpose of the new organization was to prevent a reduction of wages, the abo lition of the company boardin house and store, and securing of safety appli ances in the mines, and obtaining le gislation favorable to the working class. The Western Federation had al- ways been in polities. Mr. Boyci stated that it had always been his ad vice that the working men make a busi ness of politics, but be was sorry to say his advice had not been heeded very much. Mr. Boyce's statement of the condi tions prevailing of the miners before the formation of the central body carried home to every hearer the nec essity of the working class taking ac tive measures to protect itself. He said he had been fired in Wardner heeause he would not board where he was ordered to. The men had no voice in selecting a physician that they paid a dollar amonth to. A day's work in the mines was from ten to twelve hours. The bunk houses were unfit for human beings tive In. Twelve hours was a day's work ii the smelters under most unhealthy con ditions. The fumes from the furnaces produced, paralysis of the hands, the falling out of the teeth and other crip- pling conditions. The Federation had corrected the abuses. The Butte union alone had paid out a million and a quarter for charitable purposes. This, he said, he had presented in his Salt Lake speech, a part of which Borah had read. Through the continuous efforts of the Federation the eight-hour law for the production and reduction of ores has been established in all western states. Mr. Boyce's testimony was a digni- fied account of the purpose of prole- tarian organization. He went on to tell of the abolitin of the script system, of the union in- sisting on doors and safety clutches being put on the cages, and the des- perate struggles they encountered from the mine owners to get these reforms on account of the expense. Thursday afternoon was a battle to get in the evidence of the outrages against the W F. of M . The prosecu- tion kept objecting at every point, but Darrow said the state had covered the whole field and they had to refute it. They had a right to show the counter- conspiracy. Mr. Boyce said he never saw Orchard till in the court room, and that he never gave him a transfer card in Butte; that he had no authority to do so. The slate attorneys tried to show that these reforms which the miners had askt-d for were also advocated by various other agencies, and to min- imize the value of the unions. Their foolish attempts only showed how little these greed-grabbers com- prehend the economic push behind all conceding legislation. The economic demands pace the rest. Borah then read from Boyce's Salt Lake speech his advice to the miners to form rifle clubs. The extract was taken from the "Criminal Record of the Western Federation of Miners," a pamphlet compiled by the "Colorado Mine Operators' Association, published in Colorado Springs." This little quotation started some- thing. There was stir and confusion among the defense attorneys. They wanted to borrow the entire pamphlet from the prosecution and put it in as an exhibit. Then Mr. Hawley thought the rest of the matter was immaterial and irrelevant. Mr. Darrow asked Boyce to state to what particular case his speech applied. With his voice trembling with sup- pressed feeling the union leader re- lated how, during tne Leadville strike the Missouri scabs marched through the streets protected by armed cit- izens, who called the women vile names and butted them off the streets with their guns, and that since that time he had made up his mind that any other body of men had as much right to have rifle clubs as any body of arist- ocrats. It is interesting to watch the utter discomfiture of these who cunningly wait to trap the working class, when their flimsy devices are pushed aside, and what semed condemnatory stands forth in its legitimate and necessary justness of demand. Boise, Jun*' HV .lames Maher of Butte, for five years MM scretary of the W. F. of M., testi fied to the financial effects of the union. Wlliam Easterly came on the stand Thursday afternoon. Esterly is one of the stalwarts in the Federation; has been an officer for years and was one of the Cripple Creek strike committee. He is the man. Orchard accused of helping him to m ami fact ure bombs. He testified that there was peace in tho Cripple Creek district before the militia and gun men came in, and com- pletely repudiated Orchard 's confes- sion. H denied in toto his fantastic tales, said he was a card sharp, and never worked to exceed a month at a time. He stated that no violence of any sort was talked in the unions that ho ever heard, except from one Charles Boise, June 28. On Wednesday afternoon W. F. Davis took the stand. This is one of the most valiant and dauntless char- acters in the whole ranks of the West- ern Federation .He was accused of stealing and running the train in the Coeur d'Alenes at the time the mill was blown up. Tho mine owners de- clared he was on the engine and di- rected the engineer, and he has been pursued relentlessly ever since by the, persecutions of the mine owners He was a member of the strike committee in the Cripple Creek district, and was tried with the other members of the committee on the charge of attempted wrecking of a Florence and Cripple Creek train Davis was dismissed by the judge without letting the case go to the jury He was obliged to leave the district when the union men were run out, and change his name in order to get work While he was held in jail, his wife and baby both died. He is a big, noble-hearted fellow who has the con- fidence and sympathy of the entire Federation. He was moved to tears when the fact of the loss of his fam- ily were brought out on the stand. He has jeopardized his freedom by com- ing here from Goldfield, as the mine owners are looking closely for a chance kangarooed in the courts, and false charges preferred against him. Borah searehingly asked him regard- ing the whole history of the Cripple Creek war. The vagrancy notice issued by the adjutant general was brought into tho limelight. This was one of the most disgraceful official documents ever is- sued in America. It amounted to a compulsory command to work under conditions the men were not willing to accept Borah brought out the assaults made on Floaten and Richardson. During ibis dramatic presentation every soul in the court room was a'.ert. The jury missed nothing. They were learning the realities of the great pro- letarian struggle that flows around our daily lives like a mighty sea ever breaking over its fragile bounds. On Saturday morning several wit- nesses from Mullen, la , testified Orehard was playing cards there while the mill was blown up, and was not in Wardner at all. These were Flynn, in whose store the game was played, and Pat McCoyle, who was in the game. The defense attorneys fought to prove the terrible conditions that pre- vailed in the Coeur d'Alenes after its to arrest him for the Coeur d'Alenes occupation by the militia. The prose- difficulties. Orchard implicated him cution fought the introduction of this in the blowing up of the Vindicator evidence, but were obliged to be quies- mine at Cripple Creek, where the two cent. shift bosses were killed. When he Frank Hough was the man who was read Orchard Is testimony he imme- in the bull-pen and gave the testimony, diately telegraphed to the attorneys He told of the wretched accommoda- (Continued on Page 4.) of the defense that he would come to Boise and deny the cowardly lie. He said the Coeur d'Alenes story of his leading a thousand men to blow up the mill at Wardner was a pure fake. He was not on the train at all, or connected in any way, with the blowing up of the mill. He knew Or- chard only slightly, when he came to join the union at Altman of which Davis was president. He gave a most vivid account of the persecution of the union men; how he was fired for belonging to the union, and blacklisted because he was a union man; bow he wandered over the coun- try looking for a chance to work; how the military officers threatened if union meetings were held they would break them up. He testified that he had advocated peaceful measures both publicly and privately at all times. He told of thi prosperity of the union in the Cripple Creek district before it was broken up by the mine owners, aided by the militia—of its fine halls, worth $">0,- 000, its four stores, its libraries, its hospitals. The cross-examination proved a battle royal between Davis and Borah, in wLich the foxy lawyer went down to defeat before the proletarian giant. When asked why he was blacklisted, Davis filled with indignation for the wrongs of his class, said because he had signed a petition with 700 men, after seven men had been killed in the mine from rotten timbers giving way, for safer and better conditions. On Thursday morning the battle royal between tho plain, blunt miner and tho prostituted advocate of capi talist brutality and greed still contin ued .The timber thief lawyer attempt ted to mercilessly bulldoze the wit ness. Darrow was on his feet watch ing like a tiger that no undue ad vantage be taken of him. Again and again Borah tried to make the witness say that there was trouble in the Cripple Creek prior to the troops being sent in. Davis as- serted that all was peaceful. Borah tried to draw out that force and v : > leneo were used by the union men against tho scabs. It was through Davis that Borah tried to make a case against the unions. He did not suceed Mr. Davis not only gave his testimony that there never was any cause for such accusations against the unions, but he succeeded in present- ing the matter in a clear light so that all could see it He gave a graphic tale of the in famies practiced against him; how his people] were 'deported and scattered over the country; how he had been tions, the dysentery that prevailed among the prisoners, the stench in the sir, no ventilation, 600 men packed like hogs, and a quarter of them sick, how they could not get out to the one loset, and guarded by colored sold- iers. Simpkins was in this hell of torturs and one day for some trifling offense was taken oat by these negro troops, and stood in the sun for six hours, and prodded with bayonets when he sunk to the ground. W. A mall, who worked on the Port- land mine in Cripple Creek, owned by Jim Burns, which made terms with the union and continued operations by vir- tue of having its own mill, told of the atrocities perpetrated on the miners after the explosion, and how he es- caped from the soldiers and the dis- trict after being beaten up. The sole offense with which he was charged was that he was a friend of the Federation, Jim Burns and th* Portland mine. The sensation of the day on Sat- urday was the testimony of Morris Friedman, the author of the "Pinker- ton Labor 8py." This young man tes- titled that he had been a stenographer in the employ of the Pinker-ton detec- tive agency, and particularly engaged upon the correspondence of James Me- Parland. He handle.I the reports that came in form the different operators of Iks •agency. These "operators" were known by number, and were employed as union men acting as spotters. Hit evidence fell as a bomb among the Pinkertons thronging the court room. They never read anything in the way of socialist literature, ami had no idea of the revelations Friedman had made in his book. Ceo. Riddell, who was fired from the Denver convention because of his ex- posure in (bis book, was standing in the door when Harrow pointed him out with seoru. QffSSl exeitem. tit win displayed among the I'inkertons. They gathered in groups whispering, and glared at the young man who so fear- lessly and honestly told the simple tale of the black deeds of these human reptiles. Friedman's testimony was the mas- terstroke of the defense so far. It has presented irrefutably document- ary evidence of the gigantic conspiracy systematically carried on by the em- ployers against the unions. The unions nre honey combed with these creatures that know not the name of shame or honor. Th.ty t are in nil posit' >ns of trust, and they report daily to their superior officer. Continued on Pago !

Transcript of MONTANA NEWS. › history › usa › pubs › montana-news › ... · 2019-01-02 · •f Y*ur...

Page 1: MONTANA NEWS. › history › usa › pubs › montana-news › ... · 2019-01-02 · •f Y*ur Class MONTANA NEWS. OWNED AND PUBLISHED BY THE SOCIALIST PARTY OF MONTANA Abolish tkc

Verts b r t b * Party

• f Y*ur Class M O N T A N A NEWS. OWNED AND P U B L I S H E D B Y T H E SOCIALIST P A R T Y O F M O N T A N A

Abolish tkc Capi­

talist System

VOL V. HELENA MONTANA, THURSDAY, JULY 4 1907. NO. 34.

Defense •lata nistorissl Ll&rvn • ed Up

Work of Combating Orchard's Testi mony Under Way—Long Array

of Witnesses Boise , J u n e 27.

T h e defense is now w e l l under way . I t does one good to see the Wes to rn F e d e r a t i o n men (rather i n to go on the s tand a n d upho ld the i r accused b ro the r ! w i t h one vo ice , an 1 the con­sciousness o f the f a r - r each ing power a n d necessi ty of t he i r cause. A n d they are such a bunch of s ta lwar t s , these undaun ted wes tern union men. M a n y of th<>m have been shipped f r o m camp to camp through the ven-ge: nee o f the mine owners. Some of t h e m have been so b i t t e r l y pursued b y the emissar ies of the e m p l o y i n g class that they h a v » Jeopardized the i r f r eedom b y coming here to t e s t i f y , a n d w i l l p r o b a b l y be put under arrest b e f o r e they can leave town .

A n d a* one of them sa id , " W e are a l l here to go to the r i v e r . "

A w o r k i n g class that w i l l hang to­gether l i k e tha t i n spi te of b u l l pens, j o b b e d cour ts , the b l a c k l i s t , a n d other outrageous persecutions w i l l yet c lear the path o f c i v i l i s a t i o n f o r the i r class interests .

T h e prosecut ion look puny, pus i l l an­imous and degenerate besi.les these b i g , i n te l l igen t , de te rmined men, w i t h t h e light o f serious purpose i n the i r •yes . F a r off f r o m the progress, the l o y a l heart , the pene.-ons s mpathies e* i v a r k i n d are t h i s ? who w i l l t h row ti>e'r we igh t agains t th I l abor o f the w o r l d . W h e n labor is l i f t e d up, man-I l i a d w i l l also be l i f t e d up, and the Wes t e rn F e d e r a t i o n is a part of l abor t h a t i s l i f t i n g i t s e l f up.

T h e prosecu t ion a t torneys looks un easy and out o f p lace as one a f t e r another o f these witnesses come to the Stand. T h e y g i v e t h e i r t es t imony i n such f u l l , c lear , self-possessed dec i s ive tones. T h e i r manner has the inherent d i g n i t y of men who k n o w they are r i g h t . T h e i r v e r y presence commands respect.

T h e p rosecu t ion witnesses had the l i f e l e s s aspect of those who were t a l k i n g fo r mercenary purposes. The de­fense wi tnesses c a r r y the fo rce of those who are t e s t i f y i n g f o r the i r convic t ions .

Impeacl v:cnt Questions. O n Tuesday w o r n n g O r c h a r d T «

brought o r thn i the defense a t ' i r -neys might ' -oncl ' ide a s k i n g the i r im­peachment tji.eat'onf. o f h i .n . ! he 1/ i .nd m a r c h l i .e thugs took p U ;9 o. ».« more w i t h 1 h n f s n l ead ing • '

M r . P ' c n . u d s c n a f k e d the *rat ' i ' 1 • Htl as f j ' l >w»

" D i d y o u have a conversa t ion w i t h M a x M a l i c h at the T u r k i s h baths , at t h e W i n d s o r hotel i n Denve r , i n w h i c h y o n ca l l ed S teunenberg a v i l e name, a n d sa id y o u were g o i n g to get away w i t h h im i f you d i d not l i v e twenty-f o u r hours a f t e r w a r d s t "

O r c h a r d den ied the conversa t ion , but s a i d be had been i n the T u r k i s h ba th w i t h M a l i c h .

J o h n D . E l l i o t was then asked to s t and up a n d O r c h a r d was asked i f he h a d ever seen h i m before . H e sa id he had not .

M r . R i c h a r d s o n then put the ques­t i o n as to whether O r c h a r d had met t h i s man i n a car on the Oregon Shor t l i n e the l a» t of N o v e m b e r 1905, and engaged i n conversa t ion w i t h h i m , i n w h i c h O r c h a r d gave his name as H o -g a n , and s a i d he had l e f t the miners , a n d was n o w w o r k i n g f o r the M i n e O w n e r s ' A s s o c i a t i o n ; that the conf l ic t between these two classes w o u l d re­s u l t in the b r e a k i n g up of the Wes te rn F e d e r a t i o n o f M i n e r s ; that ways wou ld be f o u n d to do th is .

O r c h a r d denied the ent i re conversa t i o n .

M r . R i c h a r d s o n then asked i f he had a conversa t ion w i t h D . C . Cop ley i n S a u F r a n c i s c o a f t e r the B r a d l e y explo s i on . O r c h a r d admi t t ed that he d id have , and tha t he went to C o p l e y ' s rooms.

M r . R i c h a r d s o n then asked whether he had spoken of his interests in the Hercules mine , denounced Steunenberg a n d said he wou ld got even w i t h h im i f i t was the las t act o f his l i f e .

O r c h a r d denied theconversa t ion but admi t t ed t h a t he had t a l k e d to Cop­l e y about g o i n g in to the business of d e f a c i n g co ins .

Char les O . S u l l i v a n arose and was i den t i f i ed b y O r c h a r d . B o t h men had roomed at N e v i l l e ' s . M r . R i c h a r d s o n

Pinkertons Exposed

Methods Shown Up of Spotters and Thugs—Detectives Create Dis­

turbance and Lawlessness

Union Veterans

Reviews History of the Idaho and Col* orado Wars—Witnesses Tell Ex­

perience of the Bullpen sa t ion w i t h S u l l i v a n i n w h i c h he spoke asked O r c h a r d i f he had had a conver-of S teunenberg , s a id he ought to be k i l l e d , and tha t he w o u l d k i l l h i m h im­self .

O r c h a r d d e n i e d the conversa t ion M r . R i c h a r d s o n then asked if i n a

game of cards , i n a saloon at W a l l a c e i n the f a l l of 1905, O r e h a r d had to ld of h is t roubles i n the Coeur d ' A l e n e s to F r a n k H o u g h , spoke o f S teunenberg b y a v i l e name, a n d s a i d he had no r igh t to l i v e .

Ochatrd d e n i e d the conversa t ion . He was a sked i f he had a conversa­

t ion w i t h J a m e s R a m e y , a Btage d r i v e r i n the Coeur d ' A l e n e s . i n A p r i l 1899, in which he s a i d he w o u l d like to se l l his interest i n the H e r c u l e s f o r $400, as he had to leave the coun t ry

Orcha rd den ied the conversa t ion Witnesses C a l l e d

L o t t i e D a y was the first wi tness ca l led by the defense T h e prosecut ion had first b rough t her up here f r o m Denver , but on closer e x a m i n a t i o n they were a f r a i d to put her on the s tand, and sent her back to Denver . The defense then ca l l ed her, and she made the journey a g a i n .

She roomed a t the Be lmon t hotel, over P e t t i b o n e ' s s tore i n Denve r at the same time that Oreha rd was there. She tes t i f ied that he had once told her that he once loved a woman , but was separated f r o m her b y pover ty , that he might have been r i c h had it not been f o r S t eunenbe rg , and that he w o u l d k i l l h i m because he stood be­tween them.

H e spoke of g a m b l i n g to get some o f the miners ' money and when M r s . D a y spoke o f the u n c e r t a i n t y of such a course, be s a i d that he never went broke , f o r w h e n he made a n y money he put some of i t i n Pe t t i bone ' s sa fe to be kept f o r h i m .

M r s . M a r y K i n g , w h o kep t a board­i n g house i n C r i p p l e C reek , tes t i f ied tha t B . C . S t e r l i n g , de tec t ive f o r the M i n e O w n e r s ' A s s o c i a t i o n , roomed at her place, a n d tha t O r c h a r d was o f t e n i n h is room, c o m i n g up the b a c k way . M i s s F rances K i n g co r robora ted her mother ' s t es t imoney , thus p r o v i n g Or­cha rd a p e r j u r e r i n connect ion w i t h h is other numberless c r imes .

M r s . A l i c e F i t z h u g h , who bought out M r s . K i n g , gave subs t an t i a l l y the same tes t imony . She sa id O r c h a r d had come to see S t e r l i n g at least a dozen t imes b e f o r e J u n e 6, the date of the depot exp los ion

C W . A l l e r , w h o w o r k e d i n the r a i l ­road of f ice at C r i p p l e Creek , tes t i f ied that O r c h a r d had f r e q u e n t i n t e r v i e w s w i t h D . C . Sco t t , the de tec t ive f o r the F lo rence a n d C r i p p l e C r e e k road, and was w i t h h i m at va r i ous t imes f o r three weeks be fo re the depot was b l o w n up. Sco t t , S t e r l i n g and O r c h a r d were o f t e n together .

The wi tness stood the cross examina­t i o n s p l e n d i d l y T h e oountejB-eonspir-acies are now brought out i n bo ld re­l i e f , and the j u r y w i l l have the oppor­t u n i t y to de te rmine on w h i c h s ide the d i abo l i ca l p l o t t i n g has been.

Bo i se , J u n e 28.

O n Tuesday a f t e r n o o n I r a B l i z z a r d ,

a conductor , t es t i f ied that w h e n the

b lood hounds were pu t on the t r a i l

a f t e r b l o w i n g up the Independence de­

pot, lie te lephoned to K . C. S t e r l i n g ,

detect ive f o r the M i n e O w n e r s ' Asso

e ia t ion , and he r ep l i ed , " C a l l the dogs

off, we k n o w who d i d i t . " D r . M e G e e f r o m the Coeur d ' A l e n e s

sa id that O r c h a r d was p l a y i n g poker in u saloon at M u l l e n at the t ime the B u n k e r H i l l was s a i d to have been b l o w n up. D r . M c O e e is the man to whom O c h a r d to ld t h a t he was spot­t i n g , and w a n t e d to k n o w i f the doc­tor had any easy money to dispose of. The doctor t o ld h i m i f he wan ted a po l i t i ca l j o b to go to Johnson , the cha i rman o f the c a m p a i g n commit tee .

D . O. S c o t t , de t ec t ive f o r the F lo r ­ence and C r i p p l e Creek road, was ca l led b y the defense. H e has been i n Boise f o r some t i m e , brought by the prosecut ion, but another one of the i r witnesses that they have f ea red to put on the s tand . H e gave def in i te i n f o r m a t i o n tha t K . C . S t e r l i n g was

(Continued on Page 8.)

Boise , June 29.

W . W . Rush was the engineer who

was c a r r y i n g the t r a in over the F lo r ­

ence and C r i p p l e Creek road on the

n igh t o f the a l leged a t t empted wreck .

H e test i f ied i n the t r i a l of the s t r i k e

commit tee in C r i p p l e Creek that D . C .

Scot t gave h i m i n f o r m a t i o n that the

w r e c k i n g was go ing to be a t tempted ,

and asked i f he knew o f a good place

on the road to w r e c k a t r a i n . I t was

at th is point that a f e w spikes were

f o u n d to bo removed.

The wi tness was a hea l thy , hear ty , f r a n k , young worke r . T h e j u r y wa tch­ed his face most i n t e n t l y wh i l e he was g i v i n g his ev idence . T h e v e r y state­ments o f these men who do th ings car­r y v i t a l m igh t . T h e y represent the p r ima l necessity of that conscious a n d u se fu l a c t i v i t y that makes l i f e pos­s ib le . The h u m a n mind turns w i t h i n ­s t i n c t i v e l ove a n d confidence to the w o r k e r that ma in t a in s i ts existence. I t is th is basic dependence on the grapple w i t h the ma te r i a l need that i s the subst ructure of the whole socia l ­is t posi t ion.

T h i s g randeur a n d power of l abor sha l l i l l u m i n e the ea r th - l i f e and make i t g lor ious.

T h i s wi tness d i d sp l end id w o r k f o r defense. H e showed there was no th­i n g to the " w r e c k " bu t a s h a m m i n g put up by the employers to lay a t r a p f o r the un ion .

E d . Boyce , the first pres ident of the Federa t ion , was ca l l ed f o r the defense. B o y c e is a charac ter that i s revered a n d loved throughout the ranks of western u n i o n i s m . H e is a man o f g rand and noble impulses— one to w h o m the w e l l - b e i n g o f the w o r k i n g class was a pe rpe tua l a s p i r a t i o n . H i s m i n d is b r o a d a n d deep, and be b rought the s t reng th o f his great a b i l ­i t y to bear upon the prob lems of l abor , w i t h w h i c h he was t h r o w n . H e has been f o r many years the personal f r i e n d of Debs w h o j u s t l y apprecia te 1 his rare a n d b e a u t i f u l nature . H e h e l d an in teres t i n the f a b u l o u s l y w e a l t h y H e r c u l e s mine—the one i n w h i c h O r c h a r d was compel led to se l l h i s share—and is to-day near the m i l ­l i ona i r e m a r k ; and there is no one who knows h im, but re jo ices at h is good fo r tune .

It was i n B o i s e j a i l , h e l d there on account of the l abor t roubles of 1899 i n the Coeur d ' A l e n e s , tha t he w i t h other labor men first f o r m e d the West­ern F e d e r a t i o n . H e of so rep l i ed to M r . D a r r o w t h a t he had been sen tence! one other t i m e to Boise , f o r two years to tho stato senate.

M r . H a w l e y was the counc i l of the union men tha t advoca ted the f o r m a ­t i o n of a cen t r a l body o f the R o c k y M o u n t a i n miners . H e s a i d the m i n e owners had set the example . M r . B o y c e sa id the l a t t e r were o rgan ized i n 1890 at Helena .

On the 15th of M a y i n 1893, the first general conven t ion of the miners was ca l led at B u t t e , made up f r o m the del egates of the wes tern coun t ry . Th< purpose of the new o rgan iza t i on was to prevent a r e d u c t i o n of wages, the abo l i t i o n of the company b o a r d i n house a n d store, and secu r ing of s a f e t y a p p l i ances i n the mines, a n d o b t a i n i n g le g i s l a t i o n f a v o r a b l e to the w o r k i n g class. The Wes t e rn Fede ra t ion had al-ways been i n polities. M r . B o y c i s tated that i t had a l w a y s been his ad vice that the w o r k i n g men make a busi ness o f po l i t i c s , but be w a s sor ry to say his adv i ce had not been heeded v e r y much.

M r . B o y c e ' s s tatement o f the condi t ions p r e v a i l i n g o f the miners before the f o r m a t i o n of the cen t ra l body ca r r i ed home to every hearer the nec essi ty of the w o r k i n g class t a k i n g ac t i v e measures to protect i t se l f . H e sa id he had been fired i n W a r d n e r heeause he w o u l d not boa rd where he was ordered to. The men had no vo ice i n se lec t ing a p h y s i c i a n tha t they p a i d a do l la r amon th to. A d a y ' s w o r k i n the mines was f r o m ten to twe lve hours. The bunk houses were unf i t f o r human be ings t » t i ve In.

T w e l v e hours was a d a y ' s w o r k i i the smelters under most unheal thy con d i t ions . T h e f u m e s f r o m the fu rnaces produced, p a r a l y s i s of the hands, the

f a l l i n g out o f the teeth and other c r ip ­

p l i n g condi t ions .

T h e Federa t ion had corrected the

abuses. The B u t t e un ion alone h a d

pa id out a m i l l i o n and a quar ter f o r

char i table purposes.

T h i s , he s a id , he had presented i n his Sa l t L a k e speech, a par t of w h i c h B o r a h had read.

Through the cont inuous effor ts o f the Federa t ion the eight-hour l aw f o r the product ion and reduc t ion of ores has been es tabl ished i n a l l western states.

M r . B o y c e ' s tes t imony was a d ign i ­fied account of the purpose of prole­t a r i an o rgan iza t ion .

H e went on to t e l l of the a b o l i t i n of the script system, of the union in­s i s t i n g on doors and s a f e t y c lutches b e i n g put on the cages, and the des­perate s truggles they encountered f r o m the mine owners to get these r e fo rms on account of the expense.

Thursday a f t e rnoon was a ba t t l e to get in the evidence of the outrages against the W F . o f M . The prosecu­t i o n kept o b j e c t i n g at every point , but D a r r o w said the state had covered the whole field and they had to r e f u t e i t . T h e y had a r i gh t to show the counter-conspiracy.

M r . Boyce sa id he never saw O r c h a r d t i l l i n the cour t room, and that he never gave h im a t r ans fe r ca rd i n B u t t e ; that he had no a u t h o r i t y to do so.

The s la te a t torneys t r i e d to show that these re forms w h i c h the miners had askt-d f o r were also advocated b y va r ious other agencies, and to m i n ­imize the va lue of the unions.

T h e i r f o o l i s h a t tempts on ly showed how l i t t l e these greed-grabbers com­prehend the economic push beh ind a l l conceding l eg i s l a t ion . T h e economic demands pace the rest.

Bo rah then read f r o m B o y c e ' s S a l t L a k e speech his a d v i c e to the miners to f o r m r i f l e c lubs . T h e extract was taken f r o m the " C r i m i n a l Reco rd o f the W e s t e r n Fede ra t ion of M i n e r s , " a pamphlet compi l ed by the " C o l o r a d o M i n e O p e r a t o r s ' A s s o c i a t i o n , pub l i shed in Co lo r ado S p r i n g s . "

T h i s l i t t l e quota t ion s tar ted some­th ing . T h e r e was s t i r and c o n f u s i o n among the defense a t torneys . T h e y wanted to bor row the ent i re pamphle t f r o m the prosecut ion a n d put i t i n as an e x h i b i t . Then M r . H a w l e y thought the rest o f the mat ter was i m m a t e r i a l and i r r e l evan t .

M r . D a r r o w asked B o y c e to s tate to what p a r t i c u l a r case his speech app l i ed .

W i t h h i s voice t r e m b l i n g w i t h sup­pressed f e e l i n g the un ion leader re­la ted how, d u r i n g tne L e a d v i l l e s t r i k e the M i s s o u r i scabs marched th rough the streets protected b y a rmed c i t ­izens, who ca l l ed the women v i l e names and but ted them off the streets w i t h thei r guns, and that s ince that t ime he had made up his m i n d that any other body of men had as much r i g h t to have r i f l e c lubs as any body of ar is t ­ocrats.

It is i n t e r e s t i n g to wa tch the u t t e r d i scomfi ture of these who c u n n i n g l y wa i t to t r a p the w o r k i n g class, w h e n thei r flimsy devices are pushed as ide , and wha t semed condemnatory s tands fo r th i n i t s l eg i t ima te and necessary justness o f demand.

Boise , Jun*' HV .lames M a h e r of Bu t t e , for five years

MM scre tary of the W . F . of M . , test i fied t o the f inanc ia l effects of the union.

W l l i a m E a s t e r l y came on the s tand Thursday a f t e rnoon . Es t e r l y is one o f the s t a lwa r t s in the Fede ra t ion ; has been a n o f f i c e r f o r years and was one of the C r i p p l e Creek s t r i ke commit tee . He is the man. O r c h a r d accused o f he lp ing h i m to m ami fac t ure bombs.

He tes t i f ied that there was peace in tho C r i p p l e Creek d i s t r i c t before the m i l i t i a and gun men came in , and com­pletely r e p u d i a t e d Orchard ' s confes­sion. H den ied i n toto his f an t a s t i c tales, sa id he was a card sharp, and never w o r k e d to exceed a month at a t ime . H e s ta ted that no v io lence o f any sort w a s t a lked in the unions that ho ever heard , except f r o m one Char les

Boise , June 28. O n Wednesday a f t e rnoon W . F .

D a v i s took the s tand. T h i s is one of the most v a l i a n t and dauntless char­acters i n the whole r anks of the West­ern F e d e r a t i o n . H e was accused o f s t ea l ing and r u n n i n g the t r a i n in the Coeur d ' A l e n e s at the t ime the m i l l was b l o w n up. T h o mine owners de­c l a red he was on the engine and d i ­rected the engineer, and he has been pursued re lent less ly ever s ince by the, persecutions of the mine owners H e was a member of the s t r i k e commit tee i n the C r i p p l e C r e e k d i s t r i c t , and was t r i e d w i t h the other members of the commit tee on the charge o f a t tempted w r e c k i n g of a F lo rence and C r i p p l e Creek t r a i n D a v i s was dismissed b y the judge w i t h o u t l e t t i n g the case go to the j u r y H e was obl iged to leave the d i s t r i c t w h e n the union men were run out, and change his name i n order to get w o r k

W h i l e he was he ld i n j a i l , his w i f e and baby both d ied . H e is a b i g , noble-hearted f e l l o w who has the con­fidence and s y m p a t h y of the en t i re Federa t ion . H e was moved to tears when the f a c t o f the loss of his f a m ­i l y were brought out on the s tand. H e has j eopard ized his f r e e d o m by com­i n g here f r o m G o l d f i e l d , as the mine owners are l o o k i n g closely f o r a chance

kangarooed i n the courts , and f a l s e charges p re fe r red against h im.

B o r a h searehingly asked h im regard­i n g the whole h i s tory of the C r i p p l e Creek war .

The vagrancy not ice issued by the ad ju t an t general was brought into tho l ime l igh t . T h i s was one of the most d i s g r a c e f u l o f f i c i a l documents ever is­sued i n A m e r i c a . It amounted to a compulsory command to w o r k under condi t ions the m e n were not w i l l i n g to accept

Borah brought out the assaults made on F loa ten and R icha rdson .

D u r i n g i b i s d ramat i c presenta t ion every soul in the court room was a'.ert. T h e j u r y missed no th ing . T h e y were l ea rn ing the rea l i t i es of the great pro­le ta r i an s t ruggle that flows around our d a i l y l i v e s l i k e a m i g h t y sea ever b r e a k i n g over i ts f r a g i l e bounds.

O n S a t u r d a y m o r n i n g several wi t ­

nesses f r o m M u l l e n , l a , tes t i f ied

Orehard was p l a y i n g cards there wh i l e

the m i l l was b lown up, and was not i n

W a r d n e r a t a l l . These were F l y n n , i n

whose store the game was played, and

P a t M c C o y l e , who was in the game. The defense a t to rneys fough t to

prove the t e r r i b l e condi t ions that pre­v a i l e d in the Coeur d ' A l e n e s a f t e r i ts

to arres t h i m f o r the Coeur d ' A l e n e s occupat ion by the m i l i t i a . The prose-d i f f i c u l t i e s . O r c h a r d i m p l i c a t e d h i m cu t i on fough t the i n t r o d u c t i o n of this i n the b l o w i n g up of the V i n d i c a t o r evidence, but were ob l iged to be quies-mine at C r i p p l e Creek , where the two cent. s h i f t bosses were k i l l e d . W h e n he F r a n k H o u g h was the man who was read O r c h a r d Is t e s t i m o n y h e imme- i n the bul l -pen and gave the tes t imony, d i a t e ly te legraphed to the a t torneys H e to ld o f the wre tched accommoda-

(Continued on Page 4.)

of the defense that he w o u l d come to Boise and deny the c o w a r d l y l ie .

H e sa id the Coeur d ' A l e n e s s to ry of his l e ad ing a thousand men to b l o w up the m i l l at W a r d n e r was a pure f a k e . H e was not on the t r a in at a l l , or connected i n any w a y , w i t h the b l o w i n g up of the m i l l . H e knew Or­chard only s l i g h t l y , when he came to j o i n the u n i o n at A l t m a n of w h i c h D a v i s was pres ident .

H e gave a most v i v i d account of the persecut ion o f the un ion men ; how he was fired f o r be long ing to the union , a n d b l a c k l i s t e d because he was a union m a n ; bow he wandered over the coun­t r y l o o k i n g f o r a chance to w o r k ; how the m i l i t a r y o f f i ce r s threatened i f union meet ings were held they wou ld break them up.

H e tes t i f ied that he had advocated p e a c e f u l measures both p u b l i c l y and p r i v a t e l y at a l l t imes. H e to ld of t h i p rosper i ty of the un ion i n the C r i p p l e Creek d i s t r i c t before i t was broken up b y the mine owners, a ided by the m i l i t i a — o f i t s fine hal ls , wor th $">0,-000, i t s f o u r stores, i t s l ib rar ies , i t s hospi ta ls .

T h e c ross-examinat ion proved a ba t t l e roya l be tween D a v i s and B o r a h , i n w L i c h the f o x y l a w y e r went down to defeat be fo re the pro le ta r ian g ian t .

W h e n asked w h y he was b l ack l i s t ed , D a v i s filled w i t h i nd igna t ion fo r the wrongs of h i s class, sa id because he had s igned a pe t i t ion w i t h 700 men, a f t e r seven men had been k i l l e d i n the mine f r o m rot ten t imbers g i v i n g way, f o r s a f e r and bet ter condi t ions .

On T h u r s d a y m o r n i n g the ba t t le roya l between tho p l a i n , b lunt miner and tho p ros t i tu ted advocate of c ap i ta l is t b r u t a l i t y and greed s t i l l con t in ued .The t i m b e r t h i e f l awyer attempt ted to merc i less ly bul ldoze the w i t ness. D a r r o w was on his feet wa tch i n g l i k e a t i ge r that no undue ad vantage be t a k e n of h i m .

A g a i n and aga in Borah t r ied to make the wi tness say that there was t rouble in the C r i p p l e Creek pr ior to the troops b e i n g sent i n . D a v i s as­serted tha t a l l was peacefu l . B o r a h tr ied to d r a w out that force and v : > leneo were used by the union men against tho scabs. It was through D a v i s that B o r a h t r i ed to make a case against the unions. H e did not suceed M r . D a v i s not on ly gave his tes t imony that there never was any cause f o r such accusat ions against the unions, but he succeeded i n present­i n g the ma t t e r i n a c lear l i g h t so that a l l could see i t

H e gave a g raph ic tale of the in f amies p rac t i ced against h i m ; how his people] w e r e 'deported a n d scat tered over the c o u n t r y ; how he had been

t ions , the dysentery tha t p reva i l ed among the prisoners, the stench i n the s i r , no v e n t i l a t i o n , 600 men packed l i k e hogs, and a quar ter of them s ick , how they could not get out to the one loset, a n d guarded by colored sold­

iers .

S i m p k i n s was i n th is he l l of to r tu r s and one day f o r some t r i f l i n g offense was taken oat b y these negro troops, and stood i n the sun f o r s i x hours, and prodded w i t h bayonets when he sunk to the ground.

W . A ma l l , who w o r k e d on the Por t ­l and mine i n C r i p p l e Creek , owned b y J i m Burns , w h i c h made terms w i t h the union and cont inued operat ions by v i r ­tue of h a v i n g i ts own m i l l , to ld o f the a t roc i t ies perpet ra ted on the miners a f t e r the explos ion, and how he es­caped f r o m the soldiers and the dis­t r i c t a f t e r be ing beaten up.

The sole offense w i t h w h i c h he was charged was that he was a f r i e n d of the Federa t ion , J i m B u r n s and t h * P o r t l a n d mine.

The sensation of the day on Sat­urday was the tes t imony of M o r r i s F r i edman , the author of the " P i n k e r -ton L a b o r 8 p y . " T h i s y o u n g man tes-titled that he had been a s tenographer i n the employ o f the Pinker-ton detec­t i v e agency, and particularly engaged upon the correspondence of James Me-P a r l a n d . He handle.I the reports that came in f o r m the dif ferent operators of Iks •agency. These " o p e r a t o r s " were known by number, and were employed as union men a c t i n g as spotters. H i t evidence f e l l as a bomb among the P i n k e r t o n s th rong ing the court room. They never read a n y t h i n g in the way of social is t l i t e ra ture , ami had no idea of the revela t ions F r i e d m a n had made in his book.

Ceo. R i d d e l l , who was fired f r o m the Denver convent ion because of his ex­posure in (bis book, was s tand ing in the door when Har row pointed h im out w i t h seoru. QffSSl exei tem. tit w i n d i sp layed among the I ' inkertons. T h e y gathered i n groups whisper ing , and g lared at the y o u n g man who so fear­lessly and honestly to ld the s imple tale of the b l ack deeds of these human reptiles.

F r i e d m a n ' s test imony was the mas­t e r s t r o k e of the defense so f a r . It has presented i r r e f u t a b l y document­ary evidence of the g igan t i c conspiracy sys temat ica l ly ca r r i ed on by the em­ployers against the unions. The unions nre honey combed w i t h these creatures that know not the name of shame or honor. T h . t y t a r e in n i l posi t ' >ns of trust , and they report da i ly to their superior of f icer .

Continued on Pago !

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• f Y*ur Class M O N T A N A NEWS. OWNED AND P U B L I S H E D B Y T H E SOCIALIST P A R T Y O F M O N T A N A

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talist System

VOL V. HELENA MONTANA, THURSDAY, JULY 4 1907. NO. 34.

Defense •lata nistorissl Ll&rvn • ed Up

Work of Combating Orchard's Testi mony Under Way—Long Array

of Witnesses Boise , J u n e 27.

T h e defense is now w e l l under way . I t does one good to see the Wes to rn F e d e r a t i o n men (rather i n to go on the s tand a n d upho ld the i r accused b ro the r ! w i t h one vo ice , an 1 the con­sciousness o f the f a r - r each ing power a n d necessi ty of t he i r cause. A n d they are such a bunch of s ta lwar t s , these undaun ted wes tern union men. M a n y of th<>m have been shipped f r o m camp to camp through the ven-ge: nee o f the mine owners. Some of t h e m have been so b i t t e r l y pursued b y the emissar ies of the e m p l o y i n g class that they h a v » Jeopardized the i r f r eedom b y coming here to t e s t i f y , a n d w i l l p r o b a b l y be put under arrest b e f o r e they can leave town .

A n d a* one of them sa id , " W e are a l l here to go to the r i v e r . "

A w o r k i n g class that w i l l hang to­gether l i k e tha t i n spi te of b u l l pens, j o b b e d cour ts , the b l a c k l i s t , a n d other outrageous persecutions w i l l yet c lear the path o f c i v i l i s a t i o n f o r the i r class interests .

T h e prosecut ion look puny, pus i l l an­imous and degenerate besi.les these b i g , i n te l l igen t , de te rmined men, w i t h t h e light o f serious purpose i n the i r •yes . F a r off f r o m the progress, the l o y a l heart , the pene.-ons s mpathies e* i v a r k i n d are t h i s ? who w i l l t h row ti>e'r we igh t agains t th I l abor o f the w o r l d . W h e n labor is l i f t e d up, man-I l i a d w i l l also be l i f t e d up, and the Wes t e rn F e d e r a t i o n is a part of l abor t h a t i s l i f t i n g i t s e l f up.

T h e prosecu t ion a t torneys looks un easy and out o f p lace as one a f t e r another o f these witnesses come to the Stand. T h e y g i v e t h e i r t es t imony i n such f u l l , c lear , self-possessed dec i s ive tones. T h e i r manner has the inherent d i g n i t y of men who k n o w they are r i g h t . T h e i r v e r y presence commands respect.

T h e p rosecu t ion witnesses had the l i f e l e s s aspect of those who were t a l k i n g fo r mercenary purposes. The de­fense wi tnesses c a r r y the fo rce of those who are t e s t i f y i n g f o r the i r convic t ions .

Impeacl v:cnt Questions. O n Tuesday w o r n n g O r c h a r d T «

brought o r thn i the defense a t ' i r -neys might ' -oncl ' ide a s k i n g the i r im­peachment tji.eat'onf. o f h i .n . ! he 1/ i .nd m a r c h l i .e thugs took p U ;9 o. ».« more w i t h 1 h n f s n l ead ing • '

M r . P ' c n . u d s c n a f k e d the *rat ' i ' 1 • Htl as f j ' l >w»

" D i d y o u have a conversa t ion w i t h M a x M a l i c h at the T u r k i s h baths , at t h e W i n d s o r hotel i n Denve r , i n w h i c h y o n ca l l ed S teunenberg a v i l e name, a n d sa id y o u were g o i n g to get away w i t h h im i f you d i d not l i v e twenty-f o u r hours a f t e r w a r d s t "

O r c h a r d den ied the conversa t ion , but s a i d be had been i n the T u r k i s h ba th w i t h M a l i c h .

J o h n D . E l l i o t was then asked to s t and up a n d O r c h a r d was asked i f he h a d ever seen h i m before . H e sa id he had not .

M r . R i c h a r d s o n then put the ques­t i o n as to whether O r c h a r d had met t h i s man i n a car on the Oregon Shor t l i n e the l a» t of N o v e m b e r 1905, and engaged i n conversa t ion w i t h h i m , i n w h i c h O r c h a r d gave his name as H o -g a n , and s a i d he had l e f t the miners , a n d was n o w w o r k i n g f o r the M i n e O w n e r s ' A s s o c i a t i o n ; that the conf l ic t between these two classes w o u l d re­s u l t in the b r e a k i n g up of the Wes te rn F e d e r a t i o n o f M i n e r s ; that ways wou ld be f o u n d to do th is .

O r c h a r d denied the ent i re conversa t i o n .

M r . R i c h a r d s o n then asked i f he had a conversa t ion w i t h D . C . Cop ley i n S a u F r a n c i s c o a f t e r the B r a d l e y explo s i on . O r c h a r d admi t t ed that he d id have , and tha t he went to C o p l e y ' s rooms.

M r . R i c h a r d s o n then asked whether he had spoken of his interests in the Hercules mine , denounced Steunenberg a n d said he wou ld got even w i t h h im i f i t was the las t act o f his l i f e .

O r c h a r d denied theconversa t ion but admi t t ed t h a t he had t a l k e d to Cop­l e y about g o i n g in to the business of d e f a c i n g co ins .

Char les O . S u l l i v a n arose and was i den t i f i ed b y O r c h a r d . B o t h men had roomed at N e v i l l e ' s . M r . R i c h a r d s o n

Pinkertons Exposed

Methods Shown Up of Spotters and Thugs—Detectives Create Dis­

turbance and Lawlessness

Union Veterans

Reviews History of the Idaho and Col* orado Wars—Witnesses Tell Ex­

perience of the Bullpen sa t ion w i t h S u l l i v a n i n w h i c h he spoke asked O r c h a r d i f he had had a conver-of S teunenberg , s a id he ought to be k i l l e d , and tha t he w o u l d k i l l h i m h im­self .

O r c h a r d d e n i e d the conversa t ion M r . R i c h a r d s o n then asked if i n a

game of cards , i n a saloon at W a l l a c e i n the f a l l of 1905, O r e h a r d had to ld of h is t roubles i n the Coeur d ' A l e n e s to F r a n k H o u g h , spoke o f S teunenberg b y a v i l e name, a n d s a i d he had no r igh t to l i v e .

Ochatrd d e n i e d the conversa t ion . He was a sked i f he had a conversa­

t ion w i t h J a m e s R a m e y , a Btage d r i v e r i n the Coeur d ' A l e n e s . i n A p r i l 1899, in which he s a i d he w o u l d like to se l l his interest i n the H e r c u l e s f o r $400, as he had to leave the coun t ry

Orcha rd den ied the conversa t ion Witnesses C a l l e d

L o t t i e D a y was the first wi tness ca l led by the defense T h e prosecut ion had first b rough t her up here f r o m Denver , but on closer e x a m i n a t i o n they were a f r a i d to put her on the s tand, and sent her back to Denver . The defense then ca l l ed her, and she made the journey a g a i n .

She roomed a t the Be lmon t hotel, over P e t t i b o n e ' s s tore i n Denve r at the same time that Oreha rd was there. She tes t i f ied that he had once told her that he once loved a woman , but was separated f r o m her b y pover ty , that he might have been r i c h had it not been f o r S t eunenbe rg , and that he w o u l d k i l l h i m because he stood be­tween them.

H e spoke of g a m b l i n g to get some o f the miners ' money and when M r s . D a y spoke o f the u n c e r t a i n t y of such a course, be s a i d that he never went broke , f o r w h e n he made a n y money he put some of i t i n Pe t t i bone ' s sa fe to be kept f o r h i m .

M r s . M a r y K i n g , w h o kep t a board­i n g house i n C r i p p l e C reek , tes t i f ied tha t B . C . S t e r l i n g , de tec t ive f o r the M i n e O w n e r s ' A s s o c i a t i o n , roomed at her place, a n d tha t O r c h a r d was o f t e n i n h is room, c o m i n g up the b a c k way . M i s s F rances K i n g co r robora ted her mother ' s t es t imoney , thus p r o v i n g Or­cha rd a p e r j u r e r i n connect ion w i t h h is other numberless c r imes .

M r s . A l i c e F i t z h u g h , who bought out M r s . K i n g , gave subs t an t i a l l y the same tes t imony . She sa id O r c h a r d had come to see S t e r l i n g at least a dozen t imes b e f o r e J u n e 6, the date of the depot exp los ion

C W . A l l e r , w h o w o r k e d i n the r a i l ­road of f ice at C r i p p l e Creek , tes t i f ied that O r c h a r d had f r e q u e n t i n t e r v i e w s w i t h D . C . Sco t t , the de tec t ive f o r the F lo rence a n d C r i p p l e C r e e k road, and was w i t h h i m at va r i ous t imes f o r three weeks be fo re the depot was b l o w n up. Sco t t , S t e r l i n g and O r c h a r d were o f t e n together .

The wi tness stood the cross examina­t i o n s p l e n d i d l y T h e oountejB-eonspir-acies are now brought out i n bo ld re­l i e f , and the j u r y w i l l have the oppor­t u n i t y to de te rmine on w h i c h s ide the d i abo l i ca l p l o t t i n g has been.

Bo i se , J u n e 28.

O n Tuesday a f t e r n o o n I r a B l i z z a r d ,

a conductor , t es t i f ied that w h e n the

b lood hounds were pu t on the t r a i l

a f t e r b l o w i n g up the Independence de­

pot, lie te lephoned to K . C. S t e r l i n g ,

detect ive f o r the M i n e O w n e r s ' Asso

e ia t ion , and he r ep l i ed , " C a l l the dogs

off, we k n o w who d i d i t . " D r . M e G e e f r o m the Coeur d ' A l e n e s

sa id that O r c h a r d was p l a y i n g poker in u saloon at M u l l e n at the t ime the B u n k e r H i l l was s a i d to have been b l o w n up. D r . M c O e e is the man to whom O c h a r d to ld t h a t he was spot­t i n g , and w a n t e d to k n o w i f the doc­tor had any easy money to dispose of. The doctor t o ld h i m i f he wan ted a po l i t i ca l j o b to go to Johnson , the cha i rman o f the c a m p a i g n commit tee .

D . O. S c o t t , de t ec t ive f o r the F lo r ­ence and C r i p p l e Creek road, was ca l led b y the defense. H e has been i n Boise f o r some t i m e , brought by the prosecut ion, but another one of the i r witnesses that they have f ea red to put on the s tand . H e gave def in i te i n f o r m a t i o n tha t K . C . S t e r l i n g was

(Continued on Page 8.)

Boise , June 29.

W . W . Rush was the engineer who

was c a r r y i n g the t r a in over the F lo r ­

ence and C r i p p l e Creek road on the

n igh t o f the a l leged a t t empted wreck .

H e test i f ied i n the t r i a l of the s t r i k e

commit tee in C r i p p l e Creek that D . C .

Scot t gave h i m i n f o r m a t i o n that the

w r e c k i n g was go ing to be a t tempted ,

and asked i f he knew o f a good place

on the road to w r e c k a t r a i n . I t was

at th is point that a f e w spikes were

f o u n d to bo removed.

The wi tness was a hea l thy , hear ty , f r a n k , young worke r . T h e j u r y wa tch­ed his face most i n t e n t l y wh i l e he was g i v i n g his ev idence . T h e v e r y state­ments o f these men who do th ings car­r y v i t a l m igh t . T h e y represent the p r ima l necessity of that conscious a n d u se fu l a c t i v i t y that makes l i f e pos­s ib le . The h u m a n mind turns w i t h i n ­s t i n c t i v e l ove a n d confidence to the w o r k e r that ma in t a in s i ts existence. I t is th is basic dependence on the grapple w i t h the ma te r i a l need that i s the subst ructure of the whole socia l ­is t posi t ion.

T h i s g randeur a n d power of l abor sha l l i l l u m i n e the ea r th - l i f e and make i t g lor ious.

T h i s wi tness d i d sp l end id w o r k f o r defense. H e showed there was no th­i n g to the " w r e c k " bu t a s h a m m i n g put up by the employers to lay a t r a p f o r the un ion .

E d . Boyce , the first pres ident of the Federa t ion , was ca l l ed f o r the defense. B o y c e is a charac ter that i s revered a n d loved throughout the ranks of western u n i o n i s m . H e is a man o f g rand and noble impulses— one to w h o m the w e l l - b e i n g o f the w o r k i n g class was a pe rpe tua l a s p i r a t i o n . H i s m i n d is b r o a d a n d deep, and be b rought the s t reng th o f his great a b i l ­i t y to bear upon the prob lems of l abor , w i t h w h i c h he was t h r o w n . H e has been f o r many years the personal f r i e n d of Debs w h o j u s t l y apprecia te 1 his rare a n d b e a u t i f u l nature . H e h e l d an in teres t i n the f a b u l o u s l y w e a l t h y H e r c u l e s mine—the one i n w h i c h O r c h a r d was compel led to se l l h i s share—and is to-day near the m i l ­l i ona i r e m a r k ; and there is no one who knows h im, but re jo ices at h is good fo r tune .

It was i n B o i s e j a i l , h e l d there on account of the l abor t roubles of 1899 i n the Coeur d ' A l e n e s , tha t he w i t h other labor men first f o r m e d the West­ern F e d e r a t i o n . H e of so rep l i ed to M r . D a r r o w t h a t he had been sen tence! one other t i m e to Boise , f o r two years to tho stato senate.

M r . H a w l e y was the counc i l of the union men tha t advoca ted the f o r m a ­t i o n of a cen t r a l body o f the R o c k y M o u n t a i n miners . H e s a i d the m i n e owners had set the example . M r . B o y c e sa id the l a t t e r were o rgan ized i n 1890 at Helena .

On the 15th of M a y i n 1893, the first general conven t ion of the miners was ca l led at B u t t e , made up f r o m the del egates of the wes tern coun t ry . Th< purpose of the new o rgan iza t i on was to prevent a r e d u c t i o n of wages, the abo l i t i o n of the company b o a r d i n house a n d store, and secu r ing of s a f e t y a p p l i ances i n the mines, a n d o b t a i n i n g le g i s l a t i o n f a v o r a b l e to the w o r k i n g class. The Wes t e rn Fede ra t ion had al-ways been i n polities. M r . B o y c i s tated that i t had a l w a y s been his ad vice that the w o r k i n g men make a busi ness o f po l i t i c s , but be w a s sor ry to say his adv i ce had not been heeded v e r y much.

M r . B o y c e ' s s tatement o f the condi t ions p r e v a i l i n g o f the miners before the f o r m a t i o n of the cen t ra l body ca r r i ed home to every hearer the nec essi ty of the w o r k i n g class t a k i n g ac t i v e measures to protect i t se l f . H e sa id he had been fired i n W a r d n e r heeause he w o u l d not boa rd where he was ordered to. The men had no vo ice i n se lec t ing a p h y s i c i a n tha t they p a i d a do l la r amon th to. A d a y ' s w o r k i n the mines was f r o m ten to twe lve hours. The bunk houses were unf i t f o r human be ings t » t i ve In.

T w e l v e hours was a d a y ' s w o r k i i the smelters under most unheal thy con d i t ions . T h e f u m e s f r o m the fu rnaces produced, p a r a l y s i s of the hands, the

f a l l i n g out o f the teeth and other c r ip ­

p l i n g condi t ions .

T h e Federa t ion had corrected the

abuses. The B u t t e un ion alone h a d

pa id out a m i l l i o n and a quar ter f o r

char i table purposes.

T h i s , he s a id , he had presented i n his Sa l t L a k e speech, a par t of w h i c h B o r a h had read.

Through the cont inuous effor ts o f the Federa t ion the eight-hour l aw f o r the product ion and reduc t ion of ores has been es tabl ished i n a l l western states.

M r . B o y c e ' s tes t imony was a d ign i ­fied account of the purpose of prole­t a r i an o rgan iza t ion .

H e went on to t e l l of the a b o l i t i n of the script system, of the union in­s i s t i n g on doors and s a f e t y c lutches b e i n g put on the cages, and the des­perate s truggles they encountered f r o m the mine owners to get these r e fo rms on account of the expense.

Thursday a f t e rnoon was a ba t t l e to get in the evidence of the outrages against the W F . o f M . The prosecu­t i o n kept o b j e c t i n g at every point , but D a r r o w said the state had covered the whole field and they had to r e f u t e i t . T h e y had a r i gh t to show the counter-conspiracy.

M r . Boyce sa id he never saw O r c h a r d t i l l i n the cour t room, and that he never gave h im a t r ans fe r ca rd i n B u t t e ; that he had no a u t h o r i t y to do so.

The s la te a t torneys t r i e d to show that these re forms w h i c h the miners had askt-d f o r were also advocated b y va r ious other agencies, and to m i n ­imize the va lue of the unions.

T h e i r f o o l i s h a t tempts on ly showed how l i t t l e these greed-grabbers com­prehend the economic push beh ind a l l conceding l eg i s l a t ion . T h e economic demands pace the rest.

Bo rah then read f r o m B o y c e ' s S a l t L a k e speech his a d v i c e to the miners to f o r m r i f l e c lubs . T h e extract was taken f r o m the " C r i m i n a l Reco rd o f the W e s t e r n Fede ra t ion of M i n e r s , " a pamphlet compi l ed by the " C o l o r a d o M i n e O p e r a t o r s ' A s s o c i a t i o n , pub l i shed in Co lo r ado S p r i n g s . "

T h i s l i t t l e quota t ion s tar ted some­th ing . T h e r e was s t i r and c o n f u s i o n among the defense a t torneys . T h e y wanted to bor row the ent i re pamphle t f r o m the prosecut ion a n d put i t i n as an e x h i b i t . Then M r . H a w l e y thought the rest o f the mat ter was i m m a t e r i a l and i r r e l evan t .

M r . D a r r o w asked B o y c e to s tate to what p a r t i c u l a r case his speech app l i ed .

W i t h h i s voice t r e m b l i n g w i t h sup­pressed f e e l i n g the un ion leader re­la ted how, d u r i n g tne L e a d v i l l e s t r i k e the M i s s o u r i scabs marched th rough the streets protected b y a rmed c i t ­izens, who ca l l ed the women v i l e names and but ted them off the streets w i t h thei r guns, and that s ince that t ime he had made up his m i n d that any other body of men had as much r i g h t to have r i f l e c lubs as any body of ar is t ­ocrats.

It is i n t e r e s t i n g to wa tch the u t t e r d i scomfi ture of these who c u n n i n g l y wa i t to t r a p the w o r k i n g class, w h e n thei r flimsy devices are pushed as ide , and wha t semed condemnatory s tands fo r th i n i t s l eg i t ima te and necessary justness o f demand.

Boise , Jun*' HV .lames M a h e r of Bu t t e , for five years

MM scre tary of the W . F . of M . , test i fied t o the f inanc ia l effects of the union.

W l l i a m E a s t e r l y came on the s tand Thursday a f t e rnoon . Es t e r l y is one o f the s t a lwa r t s in the Fede ra t ion ; has been a n o f f i c e r f o r years and was one of the C r i p p l e Creek s t r i ke commit tee . He is the man. O r c h a r d accused o f he lp ing h i m to m ami fac t ure bombs.

He tes t i f ied that there was peace in tho C r i p p l e Creek d i s t r i c t before the m i l i t i a and gun men came in , and com­pletely r e p u d i a t e d Orchard ' s confes­sion. H den ied i n toto his f an t a s t i c tales, sa id he was a card sharp, and never w o r k e d to exceed a month at a t ime . H e s ta ted that no v io lence o f any sort w a s t a lked in the unions that ho ever heard , except f r o m one Char les

Boise , June 28. O n Wednesday a f t e rnoon W . F .

D a v i s took the s tand. T h i s is one of the most v a l i a n t and dauntless char­acters i n the whole r anks of the West­ern F e d e r a t i o n . H e was accused o f s t ea l ing and r u n n i n g the t r a i n in the Coeur d ' A l e n e s at the t ime the m i l l was b l o w n up. T h o mine owners de­c l a red he was on the engine and d i ­rected the engineer, and he has been pursued re lent less ly ever s ince by the, persecutions of the mine owners H e was a member of the s t r i k e commit tee i n the C r i p p l e C r e e k d i s t r i c t , and was t r i e d w i t h the other members of the commit tee on the charge o f a t tempted w r e c k i n g of a F lo rence and C r i p p l e Creek t r a i n D a v i s was dismissed b y the judge w i t h o u t l e t t i n g the case go to the j u r y H e was obl iged to leave the d i s t r i c t w h e n the union men were run out, and change his name i n order to get w o r k

W h i l e he was he ld i n j a i l , his w i f e and baby both d ied . H e is a b i g , noble-hearted f e l l o w who has the con­fidence and s y m p a t h y of the en t i re Federa t ion . H e was moved to tears when the f a c t o f the loss of his f a m ­i l y were brought out on the s tand. H e has j eopard ized his f r e e d o m by com­i n g here f r o m G o l d f i e l d , as the mine owners are l o o k i n g closely f o r a chance

kangarooed i n the courts , and f a l s e charges p re fe r red against h im.

B o r a h searehingly asked h im regard­i n g the whole h i s tory of the C r i p p l e Creek war .

The vagrancy not ice issued by the ad ju t an t general was brought into tho l ime l igh t . T h i s was one of the most d i s g r a c e f u l o f f i c i a l documents ever is­sued i n A m e r i c a . It amounted to a compulsory command to w o r k under condi t ions the m e n were not w i l l i n g to accept

Borah brought out the assaults made on F loa ten and R icha rdson .

D u r i n g i b i s d ramat i c presenta t ion every soul in the court room was a'.ert. T h e j u r y missed no th ing . T h e y were l ea rn ing the rea l i t i es of the great pro­le ta r i an s t ruggle that flows around our d a i l y l i v e s l i k e a m i g h t y sea ever b r e a k i n g over i ts f r a g i l e bounds.

O n S a t u r d a y m o r n i n g several wi t ­

nesses f r o m M u l l e n , l a , tes t i f ied

Orehard was p l a y i n g cards there wh i l e

the m i l l was b lown up, and was not i n

W a r d n e r a t a l l . These were F l y n n , i n

whose store the game was played, and

P a t M c C o y l e , who was in the game. The defense a t to rneys fough t to

prove the t e r r i b l e condi t ions that pre­v a i l e d in the Coeur d ' A l e n e s a f t e r i ts

to arres t h i m f o r the Coeur d ' A l e n e s occupat ion by the m i l i t i a . The prose-d i f f i c u l t i e s . O r c h a r d i m p l i c a t e d h i m cu t i on fough t the i n t r o d u c t i o n of this i n the b l o w i n g up of the V i n d i c a t o r evidence, but were ob l iged to be quies-mine at C r i p p l e Creek , where the two cent. s h i f t bosses were k i l l e d . W h e n he F r a n k H o u g h was the man who was read O r c h a r d Is t e s t i m o n y h e imme- i n the bul l -pen and gave the tes t imony, d i a t e ly te legraphed to the a t torneys H e to ld o f the wre tched accommoda-

(Continued on Page 4.)

of the defense that he w o u l d come to Boise and deny the c o w a r d l y l ie .

H e sa id the Coeur d ' A l e n e s s to ry of his l e ad ing a thousand men to b l o w up the m i l l at W a r d n e r was a pure f a k e . H e was not on the t r a in at a l l , or connected i n any w a y , w i t h the b l o w i n g up of the m i l l . H e knew Or­chard only s l i g h t l y , when he came to j o i n the u n i o n at A l t m a n of w h i c h D a v i s was pres ident .

H e gave a most v i v i d account of the persecut ion o f the un ion men ; how he was fired f o r be long ing to the union , a n d b l a c k l i s t e d because he was a union m a n ; bow he wandered over the coun­t r y l o o k i n g f o r a chance to w o r k ; how the m i l i t a r y o f f i ce r s threatened i f union meet ings were held they wou ld break them up.

H e tes t i f ied that he had advocated p e a c e f u l measures both p u b l i c l y and p r i v a t e l y at a l l t imes. H e to ld of t h i p rosper i ty of the un ion i n the C r i p p l e Creek d i s t r i c t before i t was broken up b y the mine owners, a ided by the m i l i t i a — o f i t s fine hal ls , wor th $">0,-000, i t s f o u r stores, i t s l ib rar ies , i t s hospi ta ls .

T h e c ross-examinat ion proved a ba t t l e roya l be tween D a v i s and B o r a h , i n w L i c h the f o x y l a w y e r went down to defeat be fo re the pro le ta r ian g ian t .

W h e n asked w h y he was b l ack l i s t ed , D a v i s filled w i t h i nd igna t ion fo r the wrongs of h i s class, sa id because he had s igned a pe t i t ion w i t h 700 men, a f t e r seven men had been k i l l e d i n the mine f r o m rot ten t imbers g i v i n g way, f o r s a f e r and bet ter condi t ions .

On T h u r s d a y m o r n i n g the ba t t le roya l between tho p l a i n , b lunt miner and tho p ros t i tu ted advocate of c ap i ta l is t b r u t a l i t y and greed s t i l l con t in ued .The t i m b e r t h i e f l awyer attempt ted to merc i less ly bul ldoze the w i t ness. D a r r o w was on his feet wa tch i n g l i k e a t i ge r that no undue ad vantage be t a k e n of h i m .

A g a i n and aga in Borah t r ied to make the wi tness say that there was t rouble in the C r i p p l e Creek pr ior to the troops b e i n g sent i n . D a v i s as­serted tha t a l l was peacefu l . B o r a h tr ied to d r a w out that force and v : > leneo were used by the union men against tho scabs. It was through D a v i s that B o r a h t r i ed to make a case against the unions. H e did not suceed M r . D a v i s not on ly gave his tes t imony that there never was any cause f o r such accusat ions against the unions, but he succeeded i n present­i n g the ma t t e r i n a c lear l i g h t so that a l l could see i t

H e gave a g raph ic tale of the in f amies p rac t i ced against h i m ; how his people] w e r e 'deported a n d scat tered over the c o u n t r y ; how he had been

t ions , the dysentery tha t p reva i l ed among the prisoners, the stench i n the s i r , no v e n t i l a t i o n , 600 men packed l i k e hogs, and a quar ter of them s ick , how they could not get out to the one loset, a n d guarded by colored sold­

iers .

S i m p k i n s was i n th is he l l of to r tu r s and one day f o r some t r i f l i n g offense was taken oat b y these negro troops, and stood i n the sun f o r s i x hours, and prodded w i t h bayonets when he sunk to the ground.

W . A ma l l , who w o r k e d on the Por t ­l and mine i n C r i p p l e Creek , owned b y J i m Burns , w h i c h made terms w i t h the union and cont inued operat ions by v i r ­tue of h a v i n g i ts own m i l l , to ld o f the a t roc i t ies perpet ra ted on the miners a f t e r the explos ion, and how he es­caped f r o m the soldiers and the dis­t r i c t a f t e r be ing beaten up.

The sole offense w i t h w h i c h he was charged was that he was a f r i e n d of the Federa t ion , J i m B u r n s and t h * P o r t l a n d mine.

The sensation of the day on Sat­urday was the tes t imony of M o r r i s F r i edman , the author of the " P i n k e r -ton L a b o r 8 p y . " T h i s y o u n g man tes-titled that he had been a s tenographer i n the employ o f the Pinker-ton detec­t i v e agency, and particularly engaged upon the correspondence of James Me-P a r l a n d . He handle.I the reports that came in f o r m the dif ferent operators of Iks •agency. These " o p e r a t o r s " were known by number, and were employed as union men a c t i n g as spotters. H i t evidence f e l l as a bomb among the P i n k e r t o n s th rong ing the court room. They never read a n y t h i n g in the way of social is t l i t e ra ture , ami had no idea of the revela t ions F r i e d m a n had made in his book.

Ceo. R i d d e l l , who was fired f r o m the Denver convent ion because of his ex­posure in (bis book, was s tand ing in the door when Har row pointed h im out w i t h seoru. QffSSl exei tem. tit w i n d i sp layed among the I ' inkertons. T h e y gathered i n groups whisper ing , and g lared at the y o u n g man who so fear­lessly and honestly to ld the s imple tale of the b l ack deeds of these human reptiles.

F r i e d m a n ' s test imony was the mas­t e r s t r o k e of the defense so f a r . It has presented i r r e f u t a b l y document­ary evidence of the g igan t i c conspiracy sys temat ica l ly ca r r i ed on by the em­ployers against the unions. The unions nre honey combed w i t h these creatures that know not the name of shame or honor. T h . t y t a r e in n i l posi t ' >ns of trust , and they report da i ly to their superior of f icer .

Continued on Pago !

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• f Y*ur Class M O N T A N A NEWS. OWNED AND P U B L I S H E D B Y T H E SOCIALIST P A R T Y O F M O N T A N A

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talist System

VOL V. HELENA MONTANA, THURSDAY, JULY 4 1907. NO. 34.

Defense •lata nistorissl Ll&rvn • ed Up

Work of Combating Orchard's Testi mony Under Way—Long Array

of Witnesses Boise , J u n e 27.

T h e defense is now w e l l under way . I t does one good to see the Wes to rn F e d e r a t i o n men (rather i n to go on the s tand a n d upho ld the i r accused b ro the r ! w i t h one vo ice , an 1 the con­sciousness o f the f a r - r each ing power a n d necessi ty of t he i r cause. A n d they are such a bunch of s ta lwar t s , these undaun ted wes tern union men. M a n y of th<>m have been shipped f r o m camp to camp through the ven-ge: nee o f the mine owners. Some of t h e m have been so b i t t e r l y pursued b y the emissar ies of the e m p l o y i n g class that they h a v » Jeopardized the i r f r eedom b y coming here to t e s t i f y , a n d w i l l p r o b a b l y be put under arrest b e f o r e they can leave town .

A n d a* one of them sa id , " W e are a l l here to go to the r i v e r . "

A w o r k i n g class that w i l l hang to­gether l i k e tha t i n spi te of b u l l pens, j o b b e d cour ts , the b l a c k l i s t , a n d other outrageous persecutions w i l l yet c lear the path o f c i v i l i s a t i o n f o r the i r class interests .

T h e prosecut ion look puny, pus i l l an­imous and degenerate besi.les these b i g , i n te l l igen t , de te rmined men, w i t h t h e light o f serious purpose i n the i r •yes . F a r off f r o m the progress, the l o y a l heart , the pene.-ons s mpathies e* i v a r k i n d are t h i s ? who w i l l t h row ti>e'r we igh t agains t th I l abor o f the w o r l d . W h e n labor is l i f t e d up, man-I l i a d w i l l also be l i f t e d up, and the Wes t e rn F e d e r a t i o n is a part of l abor t h a t i s l i f t i n g i t s e l f up.

T h e prosecu t ion a t torneys looks un easy and out o f p lace as one a f t e r another o f these witnesses come to the Stand. T h e y g i v e t h e i r t es t imony i n such f u l l , c lear , self-possessed dec i s ive tones. T h e i r manner has the inherent d i g n i t y of men who k n o w they are r i g h t . T h e i r v e r y presence commands respect.

T h e p rosecu t ion witnesses had the l i f e l e s s aspect of those who were t a l k i n g fo r mercenary purposes. The de­fense wi tnesses c a r r y the fo rce of those who are t e s t i f y i n g f o r the i r convic t ions .

Impeacl v:cnt Questions. O n Tuesday w o r n n g O r c h a r d T «

brought o r thn i the defense a t ' i r -neys might ' -oncl ' ide a s k i n g the i r im­peachment tji.eat'onf. o f h i .n . ! he 1/ i .nd m a r c h l i .e thugs took p U ;9 o. ».« more w i t h 1 h n f s n l ead ing • '

M r . P ' c n . u d s c n a f k e d the *rat ' i ' 1 • Htl as f j ' l >w»

" D i d y o u have a conversa t ion w i t h M a x M a l i c h at the T u r k i s h baths , at t h e W i n d s o r hotel i n Denve r , i n w h i c h y o n ca l l ed S teunenberg a v i l e name, a n d sa id y o u were g o i n g to get away w i t h h im i f you d i d not l i v e twenty-f o u r hours a f t e r w a r d s t "

O r c h a r d den ied the conversa t ion , but s a i d be had been i n the T u r k i s h ba th w i t h M a l i c h .

J o h n D . E l l i o t was then asked to s t and up a n d O r c h a r d was asked i f he h a d ever seen h i m before . H e sa id he had not .

M r . R i c h a r d s o n then put the ques­t i o n as to whether O r c h a r d had met t h i s man i n a car on the Oregon Shor t l i n e the l a» t of N o v e m b e r 1905, and engaged i n conversa t ion w i t h h i m , i n w h i c h O r c h a r d gave his name as H o -g a n , and s a i d he had l e f t the miners , a n d was n o w w o r k i n g f o r the M i n e O w n e r s ' A s s o c i a t i o n ; that the conf l ic t between these two classes w o u l d re­s u l t in the b r e a k i n g up of the Wes te rn F e d e r a t i o n o f M i n e r s ; that ways wou ld be f o u n d to do th is .

O r c h a r d denied the ent i re conversa t i o n .

M r . R i c h a r d s o n then asked i f he had a conversa t ion w i t h D . C . Cop ley i n S a u F r a n c i s c o a f t e r the B r a d l e y explo s i on . O r c h a r d admi t t ed that he d id have , and tha t he went to C o p l e y ' s rooms.

M r . R i c h a r d s o n then asked whether he had spoken of his interests in the Hercules mine , denounced Steunenberg a n d said he wou ld got even w i t h h im i f i t was the las t act o f his l i f e .

O r c h a r d denied theconversa t ion but admi t t ed t h a t he had t a l k e d to Cop­l e y about g o i n g in to the business of d e f a c i n g co ins .

Char les O . S u l l i v a n arose and was i den t i f i ed b y O r c h a r d . B o t h men had roomed at N e v i l l e ' s . M r . R i c h a r d s o n

Pinkertons Exposed

Methods Shown Up of Spotters and Thugs—Detectives Create Dis­

turbance and Lawlessness

Union Veterans

Reviews History of the Idaho and Col* orado Wars—Witnesses Tell Ex­

perience of the Bullpen sa t ion w i t h S u l l i v a n i n w h i c h he spoke asked O r c h a r d i f he had had a conver-of S teunenberg , s a id he ought to be k i l l e d , and tha t he w o u l d k i l l h i m h im­self .

O r c h a r d d e n i e d the conversa t ion M r . R i c h a r d s o n then asked if i n a

game of cards , i n a saloon at W a l l a c e i n the f a l l of 1905, O r e h a r d had to ld of h is t roubles i n the Coeur d ' A l e n e s to F r a n k H o u g h , spoke o f S teunenberg b y a v i l e name, a n d s a i d he had no r igh t to l i v e .

Ochatrd d e n i e d the conversa t ion . He was a sked i f he had a conversa­

t ion w i t h J a m e s R a m e y , a Btage d r i v e r i n the Coeur d ' A l e n e s . i n A p r i l 1899, in which he s a i d he w o u l d like to se l l his interest i n the H e r c u l e s f o r $400, as he had to leave the coun t ry

Orcha rd den ied the conversa t ion Witnesses C a l l e d

L o t t i e D a y was the first wi tness ca l led by the defense T h e prosecut ion had first b rough t her up here f r o m Denver , but on closer e x a m i n a t i o n they were a f r a i d to put her on the s tand, and sent her back to Denver . The defense then ca l l ed her, and she made the journey a g a i n .

She roomed a t the Be lmon t hotel, over P e t t i b o n e ' s s tore i n Denve r at the same time that Oreha rd was there. She tes t i f ied that he had once told her that he once loved a woman , but was separated f r o m her b y pover ty , that he might have been r i c h had it not been f o r S t eunenbe rg , and that he w o u l d k i l l h i m because he stood be­tween them.

H e spoke of g a m b l i n g to get some o f the miners ' money and when M r s . D a y spoke o f the u n c e r t a i n t y of such a course, be s a i d that he never went broke , f o r w h e n he made a n y money he put some of i t i n Pe t t i bone ' s sa fe to be kept f o r h i m .

M r s . M a r y K i n g , w h o kep t a board­i n g house i n C r i p p l e C reek , tes t i f ied tha t B . C . S t e r l i n g , de tec t ive f o r the M i n e O w n e r s ' A s s o c i a t i o n , roomed at her place, a n d tha t O r c h a r d was o f t e n i n h is room, c o m i n g up the b a c k way . M i s s F rances K i n g co r robora ted her mother ' s t es t imoney , thus p r o v i n g Or­cha rd a p e r j u r e r i n connect ion w i t h h is other numberless c r imes .

M r s . A l i c e F i t z h u g h , who bought out M r s . K i n g , gave subs t an t i a l l y the same tes t imony . She sa id O r c h a r d had come to see S t e r l i n g at least a dozen t imes b e f o r e J u n e 6, the date of the depot exp los ion

C W . A l l e r , w h o w o r k e d i n the r a i l ­road of f ice at C r i p p l e Creek , tes t i f ied that O r c h a r d had f r e q u e n t i n t e r v i e w s w i t h D . C . Sco t t , the de tec t ive f o r the F lo rence a n d C r i p p l e C r e e k road, and was w i t h h i m at va r i ous t imes f o r three weeks be fo re the depot was b l o w n up. Sco t t , S t e r l i n g and O r c h a r d were o f t e n together .

The wi tness stood the cross examina­t i o n s p l e n d i d l y T h e oountejB-eonspir-acies are now brought out i n bo ld re­l i e f , and the j u r y w i l l have the oppor­t u n i t y to de te rmine on w h i c h s ide the d i abo l i ca l p l o t t i n g has been.

Bo i se , J u n e 28.

O n Tuesday a f t e r n o o n I r a B l i z z a r d ,

a conductor , t es t i f ied that w h e n the

b lood hounds were pu t on the t r a i l

a f t e r b l o w i n g up the Independence de­

pot, lie te lephoned to K . C. S t e r l i n g ,

detect ive f o r the M i n e O w n e r s ' Asso

e ia t ion , and he r ep l i ed , " C a l l the dogs

off, we k n o w who d i d i t . " D r . M e G e e f r o m the Coeur d ' A l e n e s

sa id that O r c h a r d was p l a y i n g poker in u saloon at M u l l e n at the t ime the B u n k e r H i l l was s a i d to have been b l o w n up. D r . M c O e e is the man to whom O c h a r d to ld t h a t he was spot­t i n g , and w a n t e d to k n o w i f the doc­tor had any easy money to dispose of. The doctor t o ld h i m i f he wan ted a po l i t i ca l j o b to go to Johnson , the cha i rman o f the c a m p a i g n commit tee .

D . O. S c o t t , de t ec t ive f o r the F lo r ­ence and C r i p p l e Creek road, was ca l led b y the defense. H e has been i n Boise f o r some t i m e , brought by the prosecut ion, but another one of the i r witnesses that they have f ea red to put on the s tand . H e gave def in i te i n f o r m a t i o n tha t K . C . S t e r l i n g was

(Continued on Page 8.)

Boise , June 29.

W . W . Rush was the engineer who

was c a r r y i n g the t r a in over the F lo r ­

ence and C r i p p l e Creek road on the

n igh t o f the a l leged a t t empted wreck .

H e test i f ied i n the t r i a l of the s t r i k e

commit tee in C r i p p l e Creek that D . C .

Scot t gave h i m i n f o r m a t i o n that the

w r e c k i n g was go ing to be a t tempted ,

and asked i f he knew o f a good place

on the road to w r e c k a t r a i n . I t was

at th is point that a f e w spikes were

f o u n d to bo removed.

The wi tness was a hea l thy , hear ty , f r a n k , young worke r . T h e j u r y wa tch­ed his face most i n t e n t l y wh i l e he was g i v i n g his ev idence . T h e v e r y state­ments o f these men who do th ings car­r y v i t a l m igh t . T h e y represent the p r ima l necessity of that conscious a n d u se fu l a c t i v i t y that makes l i f e pos­s ib le . The h u m a n mind turns w i t h i n ­s t i n c t i v e l ove a n d confidence to the w o r k e r that ma in t a in s i ts existence. I t is th is basic dependence on the grapple w i t h the ma te r i a l need that i s the subst ructure of the whole socia l ­is t posi t ion.

T h i s g randeur a n d power of l abor sha l l i l l u m i n e the ea r th - l i f e and make i t g lor ious.

T h i s wi tness d i d sp l end id w o r k f o r defense. H e showed there was no th­i n g to the " w r e c k " bu t a s h a m m i n g put up by the employers to lay a t r a p f o r the un ion .

E d . Boyce , the first pres ident of the Federa t ion , was ca l l ed f o r the defense. B o y c e is a charac ter that i s revered a n d loved throughout the ranks of western u n i o n i s m . H e is a man o f g rand and noble impulses— one to w h o m the w e l l - b e i n g o f the w o r k i n g class was a pe rpe tua l a s p i r a t i o n . H i s m i n d is b r o a d a n d deep, and be b rought the s t reng th o f his great a b i l ­i t y to bear upon the prob lems of l abor , w i t h w h i c h he was t h r o w n . H e has been f o r many years the personal f r i e n d of Debs w h o j u s t l y apprecia te 1 his rare a n d b e a u t i f u l nature . H e h e l d an in teres t i n the f a b u l o u s l y w e a l t h y H e r c u l e s mine—the one i n w h i c h O r c h a r d was compel led to se l l h i s share—and is to-day near the m i l ­l i ona i r e m a r k ; and there is no one who knows h im, but re jo ices at h is good fo r tune .

It was i n B o i s e j a i l , h e l d there on account of the l abor t roubles of 1899 i n the Coeur d ' A l e n e s , tha t he w i t h other labor men first f o r m e d the West­ern F e d e r a t i o n . H e of so rep l i ed to M r . D a r r o w t h a t he had been sen tence! one other t i m e to Boise , f o r two years to tho stato senate.

M r . H a w l e y was the counc i l of the union men tha t advoca ted the f o r m a ­t i o n of a cen t r a l body o f the R o c k y M o u n t a i n miners . H e s a i d the m i n e owners had set the example . M r . B o y c e sa id the l a t t e r were o rgan ized i n 1890 at Helena .

On the 15th of M a y i n 1893, the first general conven t ion of the miners was ca l led at B u t t e , made up f r o m the del egates of the wes tern coun t ry . Th< purpose of the new o rgan iza t i on was to prevent a r e d u c t i o n of wages, the abo l i t i o n of the company b o a r d i n house a n d store, and secu r ing of s a f e t y a p p l i ances i n the mines, a n d o b t a i n i n g le g i s l a t i o n f a v o r a b l e to the w o r k i n g class. The Wes t e rn Fede ra t ion had al-ways been i n polities. M r . B o y c i s tated that i t had a l w a y s been his ad vice that the w o r k i n g men make a busi ness o f po l i t i c s , but be w a s sor ry to say his adv i ce had not been heeded v e r y much.

M r . B o y c e ' s s tatement o f the condi t ions p r e v a i l i n g o f the miners before the f o r m a t i o n of the cen t ra l body ca r r i ed home to every hearer the nec essi ty of the w o r k i n g class t a k i n g ac t i v e measures to protect i t se l f . H e sa id he had been fired i n W a r d n e r heeause he w o u l d not boa rd where he was ordered to. The men had no vo ice i n se lec t ing a p h y s i c i a n tha t they p a i d a do l la r amon th to. A d a y ' s w o r k i n the mines was f r o m ten to twe lve hours. The bunk houses were unf i t f o r human be ings t » t i ve In.

T w e l v e hours was a d a y ' s w o r k i i the smelters under most unheal thy con d i t ions . T h e f u m e s f r o m the fu rnaces produced, p a r a l y s i s of the hands, the

f a l l i n g out o f the teeth and other c r ip ­

p l i n g condi t ions .

T h e Federa t ion had corrected the

abuses. The B u t t e un ion alone h a d

pa id out a m i l l i o n and a quar ter f o r

char i table purposes.

T h i s , he s a id , he had presented i n his Sa l t L a k e speech, a par t of w h i c h B o r a h had read.

Through the cont inuous effor ts o f the Federa t ion the eight-hour l aw f o r the product ion and reduc t ion of ores has been es tabl ished i n a l l western states.

M r . B o y c e ' s tes t imony was a d ign i ­fied account of the purpose of prole­t a r i an o rgan iza t ion .

H e went on to t e l l of the a b o l i t i n of the script system, of the union in­s i s t i n g on doors and s a f e t y c lutches b e i n g put on the cages, and the des­perate s truggles they encountered f r o m the mine owners to get these r e fo rms on account of the expense.

Thursday a f t e rnoon was a ba t t l e to get in the evidence of the outrages against the W F . o f M . The prosecu­t i o n kept o b j e c t i n g at every point , but D a r r o w said the state had covered the whole field and they had to r e f u t e i t . T h e y had a r i gh t to show the counter-conspiracy.

M r . Boyce sa id he never saw O r c h a r d t i l l i n the cour t room, and that he never gave h im a t r ans fe r ca rd i n B u t t e ; that he had no a u t h o r i t y to do so.

The s la te a t torneys t r i e d to show that these re forms w h i c h the miners had askt-d f o r were also advocated b y va r ious other agencies, and to m i n ­imize the va lue of the unions.

T h e i r f o o l i s h a t tempts on ly showed how l i t t l e these greed-grabbers com­prehend the economic push beh ind a l l conceding l eg i s l a t ion . T h e economic demands pace the rest.

Bo rah then read f r o m B o y c e ' s S a l t L a k e speech his a d v i c e to the miners to f o r m r i f l e c lubs . T h e extract was taken f r o m the " C r i m i n a l Reco rd o f the W e s t e r n Fede ra t ion of M i n e r s , " a pamphlet compi l ed by the " C o l o r a d o M i n e O p e r a t o r s ' A s s o c i a t i o n , pub l i shed in Co lo r ado S p r i n g s . "

T h i s l i t t l e quota t ion s tar ted some­th ing . T h e r e was s t i r and c o n f u s i o n among the defense a t torneys . T h e y wanted to bor row the ent i re pamphle t f r o m the prosecut ion a n d put i t i n as an e x h i b i t . Then M r . H a w l e y thought the rest o f the mat ter was i m m a t e r i a l and i r r e l evan t .

M r . D a r r o w asked B o y c e to s tate to what p a r t i c u l a r case his speech app l i ed .

W i t h h i s voice t r e m b l i n g w i t h sup­pressed f e e l i n g the un ion leader re­la ted how, d u r i n g tne L e a d v i l l e s t r i k e the M i s s o u r i scabs marched th rough the streets protected b y a rmed c i t ­izens, who ca l l ed the women v i l e names and but ted them off the streets w i t h thei r guns, and that s ince that t ime he had made up his m i n d that any other body of men had as much r i g h t to have r i f l e c lubs as any body of ar is t ­ocrats.

It is i n t e r e s t i n g to wa tch the u t t e r d i scomfi ture of these who c u n n i n g l y wa i t to t r a p the w o r k i n g class, w h e n thei r flimsy devices are pushed as ide , and wha t semed condemnatory s tands fo r th i n i t s l eg i t ima te and necessary justness o f demand.

Boise , Jun*' HV .lames M a h e r of Bu t t e , for five years

MM scre tary of the W . F . of M . , test i fied t o the f inanc ia l effects of the union.

W l l i a m E a s t e r l y came on the s tand Thursday a f t e rnoon . Es t e r l y is one o f the s t a lwa r t s in the Fede ra t ion ; has been a n o f f i c e r f o r years and was one of the C r i p p l e Creek s t r i ke commit tee . He is the man. O r c h a r d accused o f he lp ing h i m to m ami fac t ure bombs.

He tes t i f ied that there was peace in tho C r i p p l e Creek d i s t r i c t before the m i l i t i a and gun men came in , and com­pletely r e p u d i a t e d Orchard ' s confes­sion. H den ied i n toto his f an t a s t i c tales, sa id he was a card sharp, and never w o r k e d to exceed a month at a t ime . H e s ta ted that no v io lence o f any sort w a s t a lked in the unions that ho ever heard , except f r o m one Char les

Boise , June 28. O n Wednesday a f t e rnoon W . F .

D a v i s took the s tand. T h i s is one of the most v a l i a n t and dauntless char­acters i n the whole r anks of the West­ern F e d e r a t i o n . H e was accused o f s t ea l ing and r u n n i n g the t r a i n in the Coeur d ' A l e n e s at the t ime the m i l l was b l o w n up. T h o mine owners de­c l a red he was on the engine and d i ­rected the engineer, and he has been pursued re lent less ly ever s ince by the, persecutions of the mine owners H e was a member of the s t r i k e commit tee i n the C r i p p l e C r e e k d i s t r i c t , and was t r i e d w i t h the other members of the commit tee on the charge o f a t tempted w r e c k i n g of a F lo rence and C r i p p l e Creek t r a i n D a v i s was dismissed b y the judge w i t h o u t l e t t i n g the case go to the j u r y H e was obl iged to leave the d i s t r i c t w h e n the union men were run out, and change his name i n order to get w o r k

W h i l e he was he ld i n j a i l , his w i f e and baby both d ied . H e is a b i g , noble-hearted f e l l o w who has the con­fidence and s y m p a t h y of the en t i re Federa t ion . H e was moved to tears when the f a c t o f the loss of his f a m ­i l y were brought out on the s tand. H e has j eopard ized his f r e e d o m by com­i n g here f r o m G o l d f i e l d , as the mine owners are l o o k i n g closely f o r a chance

kangarooed i n the courts , and f a l s e charges p re fe r red against h im.

B o r a h searehingly asked h im regard­i n g the whole h i s tory of the C r i p p l e Creek war .

The vagrancy not ice issued by the ad ju t an t general was brought into tho l ime l igh t . T h i s was one of the most d i s g r a c e f u l o f f i c i a l documents ever is­sued i n A m e r i c a . It amounted to a compulsory command to w o r k under condi t ions the m e n were not w i l l i n g to accept

Borah brought out the assaults made on F loa ten and R icha rdson .

D u r i n g i b i s d ramat i c presenta t ion every soul in the court room was a'.ert. T h e j u r y missed no th ing . T h e y were l ea rn ing the rea l i t i es of the great pro­le ta r i an s t ruggle that flows around our d a i l y l i v e s l i k e a m i g h t y sea ever b r e a k i n g over i ts f r a g i l e bounds.

O n S a t u r d a y m o r n i n g several wi t ­

nesses f r o m M u l l e n , l a , tes t i f ied

Orehard was p l a y i n g cards there wh i l e

the m i l l was b lown up, and was not i n

W a r d n e r a t a l l . These were F l y n n , i n

whose store the game was played, and

P a t M c C o y l e , who was in the game. The defense a t to rneys fough t to

prove the t e r r i b l e condi t ions that pre­v a i l e d in the Coeur d ' A l e n e s a f t e r i ts

to arres t h i m f o r the Coeur d ' A l e n e s occupat ion by the m i l i t i a . The prose-d i f f i c u l t i e s . O r c h a r d i m p l i c a t e d h i m cu t i on fough t the i n t r o d u c t i o n of this i n the b l o w i n g up of the V i n d i c a t o r evidence, but were ob l iged to be quies-mine at C r i p p l e Creek , where the two cent. s h i f t bosses were k i l l e d . W h e n he F r a n k H o u g h was the man who was read O r c h a r d Is t e s t i m o n y h e imme- i n the bul l -pen and gave the tes t imony, d i a t e ly te legraphed to the a t torneys H e to ld o f the wre tched accommoda-

(Continued on Page 4.)

of the defense that he w o u l d come to Boise and deny the c o w a r d l y l ie .

H e sa id the Coeur d ' A l e n e s s to ry of his l e ad ing a thousand men to b l o w up the m i l l at W a r d n e r was a pure f a k e . H e was not on the t r a in at a l l , or connected i n any w a y , w i t h the b l o w i n g up of the m i l l . H e knew Or­chard only s l i g h t l y , when he came to j o i n the u n i o n at A l t m a n of w h i c h D a v i s was pres ident .

H e gave a most v i v i d account of the persecut ion o f the un ion men ; how he was fired f o r be long ing to the union , a n d b l a c k l i s t e d because he was a union m a n ; bow he wandered over the coun­t r y l o o k i n g f o r a chance to w o r k ; how the m i l i t a r y o f f i ce r s threatened i f union meet ings were held they wou ld break them up.

H e tes t i f ied that he had advocated p e a c e f u l measures both p u b l i c l y and p r i v a t e l y at a l l t imes. H e to ld of t h i p rosper i ty of the un ion i n the C r i p p l e Creek d i s t r i c t before i t was broken up b y the mine owners, a ided by the m i l i t i a — o f i t s fine hal ls , wor th $">0,-000, i t s f o u r stores, i t s l ib rar ies , i t s hospi ta ls .

T h e c ross-examinat ion proved a ba t t l e roya l be tween D a v i s and B o r a h , i n w L i c h the f o x y l a w y e r went down to defeat be fo re the pro le ta r ian g ian t .

W h e n asked w h y he was b l ack l i s t ed , D a v i s filled w i t h i nd igna t ion fo r the wrongs of h i s class, sa id because he had s igned a pe t i t ion w i t h 700 men, a f t e r seven men had been k i l l e d i n the mine f r o m rot ten t imbers g i v i n g way, f o r s a f e r and bet ter condi t ions .

On T h u r s d a y m o r n i n g the ba t t le roya l between tho p l a i n , b lunt miner and tho p ros t i tu ted advocate of c ap i ta l is t b r u t a l i t y and greed s t i l l con t in ued .The t i m b e r t h i e f l awyer attempt ted to merc i less ly bul ldoze the w i t ness. D a r r o w was on his feet wa tch i n g l i k e a t i ge r that no undue ad vantage be t a k e n of h i m .

A g a i n and aga in Borah t r ied to make the wi tness say that there was t rouble in the C r i p p l e Creek pr ior to the troops b e i n g sent i n . D a v i s as­serted tha t a l l was peacefu l . B o r a h tr ied to d r a w out that force and v : > leneo were used by the union men against tho scabs. It was through D a v i s that B o r a h t r i ed to make a case against the unions. H e did not suceed M r . D a v i s not on ly gave his tes t imony that there never was any cause f o r such accusat ions against the unions, but he succeeded i n present­i n g the ma t t e r i n a c lear l i g h t so that a l l could see i t

H e gave a g raph ic tale of the in f amies p rac t i ced against h i m ; how his people] w e r e 'deported a n d scat tered over the c o u n t r y ; how he had been

t ions , the dysentery tha t p reva i l ed among the prisoners, the stench i n the s i r , no v e n t i l a t i o n , 600 men packed l i k e hogs, and a quar ter of them s ick , how they could not get out to the one loset, a n d guarded by colored sold­

iers .

S i m p k i n s was i n th is he l l of to r tu r s and one day f o r some t r i f l i n g offense was taken oat b y these negro troops, and stood i n the sun f o r s i x hours, and prodded w i t h bayonets when he sunk to the ground.

W . A ma l l , who w o r k e d on the Por t ­l and mine i n C r i p p l e Creek , owned b y J i m Burns , w h i c h made terms w i t h the union and cont inued operat ions by v i r ­tue of h a v i n g i ts own m i l l , to ld o f the a t roc i t ies perpet ra ted on the miners a f t e r the explos ion, and how he es­caped f r o m the soldiers and the dis­t r i c t a f t e r be ing beaten up.

The sole offense w i t h w h i c h he was charged was that he was a f r i e n d of the Federa t ion , J i m B u r n s and t h * P o r t l a n d mine.

The sensation of the day on Sat­urday was the tes t imony of M o r r i s F r i edman , the author of the " P i n k e r -ton L a b o r 8 p y . " T h i s y o u n g man tes-titled that he had been a s tenographer i n the employ o f the Pinker-ton detec­t i v e agency, and particularly engaged upon the correspondence of James Me-P a r l a n d . He handle.I the reports that came in f o r m the dif ferent operators of Iks •agency. These " o p e r a t o r s " were known by number, and were employed as union men a c t i n g as spotters. H i t evidence f e l l as a bomb among the P i n k e r t o n s th rong ing the court room. They never read a n y t h i n g in the way of social is t l i t e ra ture , ami had no idea of the revela t ions F r i e d m a n had made in his book.

Ceo. R i d d e l l , who was fired f r o m the Denver convent ion because of his ex­posure in (bis book, was s tand ing in the door when Har row pointed h im out w i t h seoru. QffSSl exei tem. tit w i n d i sp layed among the I ' inkertons. T h e y gathered i n groups whisper ing , and g lared at the y o u n g man who so fear­lessly and honestly to ld the s imple tale of the b l ack deeds of these human reptiles.

F r i e d m a n ' s test imony was the mas­t e r s t r o k e of the defense so f a r . It has presented i r r e f u t a b l y document­ary evidence of the g igan t i c conspiracy sys temat ica l ly ca r r i ed on by the em­ployers against the unions. The unions nre honey combed w i t h these creatures that know not the name of shame or honor. T h . t y t a r e in n i l posi t ' >ns of trust , and they report da i ly to their superior of f icer .

Continued on Pago !

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• f Y*ur Class M O N T A N A NEWS. OWNED AND P U B L I S H E D B Y T H E SOCIALIST P A R T Y O F M O N T A N A

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talist System

VOL V. HELENA MONTANA, THURSDAY, JULY 4 1907. NO. 34.

Defense •lata nistorissl Ll&rvn • ed Up

Work of Combating Orchard's Testi mony Under Way—Long Array

of Witnesses Boise , J u n e 27.

T h e defense is now w e l l under way . I t does one good to see the Wes to rn F e d e r a t i o n men (rather i n to go on the s tand a n d upho ld the i r accused b ro the r ! w i t h one vo ice , an 1 the con­sciousness o f the f a r - r each ing power a n d necessi ty of t he i r cause. A n d they are such a bunch of s ta lwar t s , these undaun ted wes tern union men. M a n y of th<>m have been shipped f r o m camp to camp through the ven-ge: nee o f the mine owners. Some of t h e m have been so b i t t e r l y pursued b y the emissar ies of the e m p l o y i n g class that they h a v » Jeopardized the i r f r eedom b y coming here to t e s t i f y , a n d w i l l p r o b a b l y be put under arrest b e f o r e they can leave town .

A n d a* one of them sa id , " W e are a l l here to go to the r i v e r . "

A w o r k i n g class that w i l l hang to­gether l i k e tha t i n spi te of b u l l pens, j o b b e d cour ts , the b l a c k l i s t , a n d other outrageous persecutions w i l l yet c lear the path o f c i v i l i s a t i o n f o r the i r class interests .

T h e prosecut ion look puny, pus i l l an­imous and degenerate besi.les these b i g , i n te l l igen t , de te rmined men, w i t h t h e light o f serious purpose i n the i r •yes . F a r off f r o m the progress, the l o y a l heart , the pene.-ons s mpathies e* i v a r k i n d are t h i s ? who w i l l t h row ti>e'r we igh t agains t th I l abor o f the w o r l d . W h e n labor is l i f t e d up, man-I l i a d w i l l also be l i f t e d up, and the Wes t e rn F e d e r a t i o n is a part of l abor t h a t i s l i f t i n g i t s e l f up.

T h e prosecu t ion a t torneys looks un easy and out o f p lace as one a f t e r another o f these witnesses come to the Stand. T h e y g i v e t h e i r t es t imony i n such f u l l , c lear , self-possessed dec i s ive tones. T h e i r manner has the inherent d i g n i t y of men who k n o w they are r i g h t . T h e i r v e r y presence commands respect.

T h e p rosecu t ion witnesses had the l i f e l e s s aspect of those who were t a l k i n g fo r mercenary purposes. The de­fense wi tnesses c a r r y the fo rce of those who are t e s t i f y i n g f o r the i r convic t ions .

Impeacl v:cnt Questions. O n Tuesday w o r n n g O r c h a r d T «

brought o r thn i the defense a t ' i r -neys might ' -oncl ' ide a s k i n g the i r im­peachment tji.eat'onf. o f h i .n . ! he 1/ i .nd m a r c h l i .e thugs took p U ;9 o. ».« more w i t h 1 h n f s n l ead ing • '

M r . P ' c n . u d s c n a f k e d the *rat ' i ' 1 • Htl as f j ' l >w»

" D i d y o u have a conversa t ion w i t h M a x M a l i c h at the T u r k i s h baths , at t h e W i n d s o r hotel i n Denve r , i n w h i c h y o n ca l l ed S teunenberg a v i l e name, a n d sa id y o u were g o i n g to get away w i t h h im i f you d i d not l i v e twenty-f o u r hours a f t e r w a r d s t "

O r c h a r d den ied the conversa t ion , but s a i d be had been i n the T u r k i s h ba th w i t h M a l i c h .

J o h n D . E l l i o t was then asked to s t and up a n d O r c h a r d was asked i f he h a d ever seen h i m before . H e sa id he had not .

M r . R i c h a r d s o n then put the ques­t i o n as to whether O r c h a r d had met t h i s man i n a car on the Oregon Shor t l i n e the l a» t of N o v e m b e r 1905, and engaged i n conversa t ion w i t h h i m , i n w h i c h O r c h a r d gave his name as H o -g a n , and s a i d he had l e f t the miners , a n d was n o w w o r k i n g f o r the M i n e O w n e r s ' A s s o c i a t i o n ; that the conf l ic t between these two classes w o u l d re­s u l t in the b r e a k i n g up of the Wes te rn F e d e r a t i o n o f M i n e r s ; that ways wou ld be f o u n d to do th is .

O r c h a r d denied the ent i re conversa t i o n .

M r . R i c h a r d s o n then asked i f he had a conversa t ion w i t h D . C . Cop ley i n S a u F r a n c i s c o a f t e r the B r a d l e y explo s i on . O r c h a r d admi t t ed that he d id have , and tha t he went to C o p l e y ' s rooms.

M r . R i c h a r d s o n then asked whether he had spoken of his interests in the Hercules mine , denounced Steunenberg a n d said he wou ld got even w i t h h im i f i t was the las t act o f his l i f e .

O r c h a r d denied theconversa t ion but admi t t ed t h a t he had t a l k e d to Cop­l e y about g o i n g in to the business of d e f a c i n g co ins .

Char les O . S u l l i v a n arose and was i den t i f i ed b y O r c h a r d . B o t h men had roomed at N e v i l l e ' s . M r . R i c h a r d s o n

Pinkertons Exposed

Methods Shown Up of Spotters and Thugs—Detectives Create Dis­

turbance and Lawlessness

Union Veterans

Reviews History of the Idaho and Col* orado Wars—Witnesses Tell Ex­

perience of the Bullpen sa t ion w i t h S u l l i v a n i n w h i c h he spoke asked O r c h a r d i f he had had a conver-of S teunenberg , s a id he ought to be k i l l e d , and tha t he w o u l d k i l l h i m h im­self .

O r c h a r d d e n i e d the conversa t ion M r . R i c h a r d s o n then asked if i n a

game of cards , i n a saloon at W a l l a c e i n the f a l l of 1905, O r e h a r d had to ld of h is t roubles i n the Coeur d ' A l e n e s to F r a n k H o u g h , spoke o f S teunenberg b y a v i l e name, a n d s a i d he had no r igh t to l i v e .

Ochatrd d e n i e d the conversa t ion . He was a sked i f he had a conversa­

t ion w i t h J a m e s R a m e y , a Btage d r i v e r i n the Coeur d ' A l e n e s . i n A p r i l 1899, in which he s a i d he w o u l d like to se l l his interest i n the H e r c u l e s f o r $400, as he had to leave the coun t ry

Orcha rd den ied the conversa t ion Witnesses C a l l e d

L o t t i e D a y was the first wi tness ca l led by the defense T h e prosecut ion had first b rough t her up here f r o m Denver , but on closer e x a m i n a t i o n they were a f r a i d to put her on the s tand, and sent her back to Denver . The defense then ca l l ed her, and she made the journey a g a i n .

She roomed a t the Be lmon t hotel, over P e t t i b o n e ' s s tore i n Denve r at the same time that Oreha rd was there. She tes t i f ied that he had once told her that he once loved a woman , but was separated f r o m her b y pover ty , that he might have been r i c h had it not been f o r S t eunenbe rg , and that he w o u l d k i l l h i m because he stood be­tween them.

H e spoke of g a m b l i n g to get some o f the miners ' money and when M r s . D a y spoke o f the u n c e r t a i n t y of such a course, be s a i d that he never went broke , f o r w h e n he made a n y money he put some of i t i n Pe t t i bone ' s sa fe to be kept f o r h i m .

M r s . M a r y K i n g , w h o kep t a board­i n g house i n C r i p p l e C reek , tes t i f ied tha t B . C . S t e r l i n g , de tec t ive f o r the M i n e O w n e r s ' A s s o c i a t i o n , roomed at her place, a n d tha t O r c h a r d was o f t e n i n h is room, c o m i n g up the b a c k way . M i s s F rances K i n g co r robora ted her mother ' s t es t imoney , thus p r o v i n g Or­cha rd a p e r j u r e r i n connect ion w i t h h is other numberless c r imes .

M r s . A l i c e F i t z h u g h , who bought out M r s . K i n g , gave subs t an t i a l l y the same tes t imony . She sa id O r c h a r d had come to see S t e r l i n g at least a dozen t imes b e f o r e J u n e 6, the date of the depot exp los ion

C W . A l l e r , w h o w o r k e d i n the r a i l ­road of f ice at C r i p p l e Creek , tes t i f ied that O r c h a r d had f r e q u e n t i n t e r v i e w s w i t h D . C . Sco t t , the de tec t ive f o r the F lo rence a n d C r i p p l e C r e e k road, and was w i t h h i m at va r i ous t imes f o r three weeks be fo re the depot was b l o w n up. Sco t t , S t e r l i n g and O r c h a r d were o f t e n together .

The wi tness stood the cross examina­t i o n s p l e n d i d l y T h e oountejB-eonspir-acies are now brought out i n bo ld re­l i e f , and the j u r y w i l l have the oppor­t u n i t y to de te rmine on w h i c h s ide the d i abo l i ca l p l o t t i n g has been.

Bo i se , J u n e 28.

O n Tuesday a f t e r n o o n I r a B l i z z a r d ,

a conductor , t es t i f ied that w h e n the

b lood hounds were pu t on the t r a i l

a f t e r b l o w i n g up the Independence de­

pot, lie te lephoned to K . C. S t e r l i n g ,

detect ive f o r the M i n e O w n e r s ' Asso

e ia t ion , and he r ep l i ed , " C a l l the dogs

off, we k n o w who d i d i t . " D r . M e G e e f r o m the Coeur d ' A l e n e s

sa id that O r c h a r d was p l a y i n g poker in u saloon at M u l l e n at the t ime the B u n k e r H i l l was s a i d to have been b l o w n up. D r . M c O e e is the man to whom O c h a r d to ld t h a t he was spot­t i n g , and w a n t e d to k n o w i f the doc­tor had any easy money to dispose of. The doctor t o ld h i m i f he wan ted a po l i t i ca l j o b to go to Johnson , the cha i rman o f the c a m p a i g n commit tee .

D . O. S c o t t , de t ec t ive f o r the F lo r ­ence and C r i p p l e Creek road, was ca l led b y the defense. H e has been i n Boise f o r some t i m e , brought by the prosecut ion, but another one of the i r witnesses that they have f ea red to put on the s tand . H e gave def in i te i n f o r m a t i o n tha t K . C . S t e r l i n g was

(Continued on Page 8.)

Boise , June 29.

W . W . Rush was the engineer who

was c a r r y i n g the t r a in over the F lo r ­

ence and C r i p p l e Creek road on the

n igh t o f the a l leged a t t empted wreck .

H e test i f ied i n the t r i a l of the s t r i k e

commit tee in C r i p p l e Creek that D . C .

Scot t gave h i m i n f o r m a t i o n that the

w r e c k i n g was go ing to be a t tempted ,

and asked i f he knew o f a good place

on the road to w r e c k a t r a i n . I t was

at th is point that a f e w spikes were

f o u n d to bo removed.

The wi tness was a hea l thy , hear ty , f r a n k , young worke r . T h e j u r y wa tch­ed his face most i n t e n t l y wh i l e he was g i v i n g his ev idence . T h e v e r y state­ments o f these men who do th ings car­r y v i t a l m igh t . T h e y represent the p r ima l necessity of that conscious a n d u se fu l a c t i v i t y that makes l i f e pos­s ib le . The h u m a n mind turns w i t h i n ­s t i n c t i v e l ove a n d confidence to the w o r k e r that ma in t a in s i ts existence. I t is th is basic dependence on the grapple w i t h the ma te r i a l need that i s the subst ructure of the whole socia l ­is t posi t ion.

T h i s g randeur a n d power of l abor sha l l i l l u m i n e the ea r th - l i f e and make i t g lor ious.

T h i s wi tness d i d sp l end id w o r k f o r defense. H e showed there was no th­i n g to the " w r e c k " bu t a s h a m m i n g put up by the employers to lay a t r a p f o r the un ion .

E d . Boyce , the first pres ident of the Federa t ion , was ca l l ed f o r the defense. B o y c e is a charac ter that i s revered a n d loved throughout the ranks of western u n i o n i s m . H e is a man o f g rand and noble impulses— one to w h o m the w e l l - b e i n g o f the w o r k i n g class was a pe rpe tua l a s p i r a t i o n . H i s m i n d is b r o a d a n d deep, and be b rought the s t reng th o f his great a b i l ­i t y to bear upon the prob lems of l abor , w i t h w h i c h he was t h r o w n . H e has been f o r many years the personal f r i e n d of Debs w h o j u s t l y apprecia te 1 his rare a n d b e a u t i f u l nature . H e h e l d an in teres t i n the f a b u l o u s l y w e a l t h y H e r c u l e s mine—the one i n w h i c h O r c h a r d was compel led to se l l h i s share—and is to-day near the m i l ­l i ona i r e m a r k ; and there is no one who knows h im, but re jo ices at h is good fo r tune .

It was i n B o i s e j a i l , h e l d there on account of the l abor t roubles of 1899 i n the Coeur d ' A l e n e s , tha t he w i t h other labor men first f o r m e d the West­ern F e d e r a t i o n . H e of so rep l i ed to M r . D a r r o w t h a t he had been sen tence! one other t i m e to Boise , f o r two years to tho stato senate.

M r . H a w l e y was the counc i l of the union men tha t advoca ted the f o r m a ­t i o n of a cen t r a l body o f the R o c k y M o u n t a i n miners . H e s a i d the m i n e owners had set the example . M r . B o y c e sa id the l a t t e r were o rgan ized i n 1890 at Helena .

On the 15th of M a y i n 1893, the first general conven t ion of the miners was ca l led at B u t t e , made up f r o m the del egates of the wes tern coun t ry . Th< purpose of the new o rgan iza t i on was to prevent a r e d u c t i o n of wages, the abo l i t i o n of the company b o a r d i n house a n d store, and secu r ing of s a f e t y a p p l i ances i n the mines, a n d o b t a i n i n g le g i s l a t i o n f a v o r a b l e to the w o r k i n g class. The Wes t e rn Fede ra t ion had al-ways been i n polities. M r . B o y c i s tated that i t had a l w a y s been his ad vice that the w o r k i n g men make a busi ness o f po l i t i c s , but be w a s sor ry to say his adv i ce had not been heeded v e r y much.

M r . B o y c e ' s s tatement o f the condi t ions p r e v a i l i n g o f the miners before the f o r m a t i o n of the cen t ra l body ca r r i ed home to every hearer the nec essi ty of the w o r k i n g class t a k i n g ac t i v e measures to protect i t se l f . H e sa id he had been fired i n W a r d n e r heeause he w o u l d not boa rd where he was ordered to. The men had no vo ice i n se lec t ing a p h y s i c i a n tha t they p a i d a do l la r amon th to. A d a y ' s w o r k i n the mines was f r o m ten to twe lve hours. The bunk houses were unf i t f o r human be ings t » t i ve In.

T w e l v e hours was a d a y ' s w o r k i i the smelters under most unheal thy con d i t ions . T h e f u m e s f r o m the fu rnaces produced, p a r a l y s i s of the hands, the

f a l l i n g out o f the teeth and other c r ip ­

p l i n g condi t ions .

T h e Federa t ion had corrected the

abuses. The B u t t e un ion alone h a d

pa id out a m i l l i o n and a quar ter f o r

char i table purposes.

T h i s , he s a id , he had presented i n his Sa l t L a k e speech, a par t of w h i c h B o r a h had read.

Through the cont inuous effor ts o f the Federa t ion the eight-hour l aw f o r the product ion and reduc t ion of ores has been es tabl ished i n a l l western states.

M r . B o y c e ' s tes t imony was a d ign i ­fied account of the purpose of prole­t a r i an o rgan iza t ion .

H e went on to t e l l of the a b o l i t i n of the script system, of the union in­s i s t i n g on doors and s a f e t y c lutches b e i n g put on the cages, and the des­perate s truggles they encountered f r o m the mine owners to get these r e fo rms on account of the expense.

Thursday a f t e rnoon was a ba t t l e to get in the evidence of the outrages against the W F . o f M . The prosecu­t i o n kept o b j e c t i n g at every point , but D a r r o w said the state had covered the whole field and they had to r e f u t e i t . T h e y had a r i gh t to show the counter-conspiracy.

M r . Boyce sa id he never saw O r c h a r d t i l l i n the cour t room, and that he never gave h im a t r ans fe r ca rd i n B u t t e ; that he had no a u t h o r i t y to do so.

The s la te a t torneys t r i e d to show that these re forms w h i c h the miners had askt-d f o r were also advocated b y va r ious other agencies, and to m i n ­imize the va lue of the unions.

T h e i r f o o l i s h a t tempts on ly showed how l i t t l e these greed-grabbers com­prehend the economic push beh ind a l l conceding l eg i s l a t ion . T h e economic demands pace the rest.

Bo rah then read f r o m B o y c e ' s S a l t L a k e speech his a d v i c e to the miners to f o r m r i f l e c lubs . T h e extract was taken f r o m the " C r i m i n a l Reco rd o f the W e s t e r n Fede ra t ion of M i n e r s , " a pamphlet compi l ed by the " C o l o r a d o M i n e O p e r a t o r s ' A s s o c i a t i o n , pub l i shed in Co lo r ado S p r i n g s . "

T h i s l i t t l e quota t ion s tar ted some­th ing . T h e r e was s t i r and c o n f u s i o n among the defense a t torneys . T h e y wanted to bor row the ent i re pamphle t f r o m the prosecut ion a n d put i t i n as an e x h i b i t . Then M r . H a w l e y thought the rest o f the mat ter was i m m a t e r i a l and i r r e l evan t .

M r . D a r r o w asked B o y c e to s tate to what p a r t i c u l a r case his speech app l i ed .

W i t h h i s voice t r e m b l i n g w i t h sup­pressed f e e l i n g the un ion leader re­la ted how, d u r i n g tne L e a d v i l l e s t r i k e the M i s s o u r i scabs marched th rough the streets protected b y a rmed c i t ­izens, who ca l l ed the women v i l e names and but ted them off the streets w i t h thei r guns, and that s ince that t ime he had made up his m i n d that any other body of men had as much r i g h t to have r i f l e c lubs as any body of ar is t ­ocrats.

It is i n t e r e s t i n g to wa tch the u t t e r d i scomfi ture of these who c u n n i n g l y wa i t to t r a p the w o r k i n g class, w h e n thei r flimsy devices are pushed as ide , and wha t semed condemnatory s tands fo r th i n i t s l eg i t ima te and necessary justness o f demand.

Boise , Jun*' HV .lames M a h e r of Bu t t e , for five years

MM scre tary of the W . F . of M . , test i fied t o the f inanc ia l effects of the union.

W l l i a m E a s t e r l y came on the s tand Thursday a f t e rnoon . Es t e r l y is one o f the s t a lwa r t s in the Fede ra t ion ; has been a n o f f i c e r f o r years and was one of the C r i p p l e Creek s t r i ke commit tee . He is the man. O r c h a r d accused o f he lp ing h i m to m ami fac t ure bombs.

He tes t i f ied that there was peace in tho C r i p p l e Creek d i s t r i c t before the m i l i t i a and gun men came in , and com­pletely r e p u d i a t e d Orchard ' s confes­sion. H den ied i n toto his f an t a s t i c tales, sa id he was a card sharp, and never w o r k e d to exceed a month at a t ime . H e s ta ted that no v io lence o f any sort w a s t a lked in the unions that ho ever heard , except f r o m one Char les

Boise , June 28. O n Wednesday a f t e rnoon W . F .

D a v i s took the s tand. T h i s is one of the most v a l i a n t and dauntless char­acters i n the whole r anks of the West­ern F e d e r a t i o n . H e was accused o f s t ea l ing and r u n n i n g the t r a i n in the Coeur d ' A l e n e s at the t ime the m i l l was b l o w n up. T h o mine owners de­c l a red he was on the engine and d i ­rected the engineer, and he has been pursued re lent less ly ever s ince by the, persecutions of the mine owners H e was a member of the s t r i k e commit tee i n the C r i p p l e C r e e k d i s t r i c t , and was t r i e d w i t h the other members of the commit tee on the charge o f a t tempted w r e c k i n g of a F lo rence and C r i p p l e Creek t r a i n D a v i s was dismissed b y the judge w i t h o u t l e t t i n g the case go to the j u r y H e was obl iged to leave the d i s t r i c t w h e n the union men were run out, and change his name i n order to get w o r k

W h i l e he was he ld i n j a i l , his w i f e and baby both d ied . H e is a b i g , noble-hearted f e l l o w who has the con­fidence and s y m p a t h y of the en t i re Federa t ion . H e was moved to tears when the f a c t o f the loss of his f a m ­i l y were brought out on the s tand. H e has j eopard ized his f r e e d o m by com­i n g here f r o m G o l d f i e l d , as the mine owners are l o o k i n g closely f o r a chance

kangarooed i n the courts , and f a l s e charges p re fe r red against h im.

B o r a h searehingly asked h im regard­i n g the whole h i s tory of the C r i p p l e Creek war .

The vagrancy not ice issued by the ad ju t an t general was brought into tho l ime l igh t . T h i s was one of the most d i s g r a c e f u l o f f i c i a l documents ever is­sued i n A m e r i c a . It amounted to a compulsory command to w o r k under condi t ions the m e n were not w i l l i n g to accept

Borah brought out the assaults made on F loa ten and R icha rdson .

D u r i n g i b i s d ramat i c presenta t ion every soul in the court room was a'.ert. T h e j u r y missed no th ing . T h e y were l ea rn ing the rea l i t i es of the great pro­le ta r i an s t ruggle that flows around our d a i l y l i v e s l i k e a m i g h t y sea ever b r e a k i n g over i ts f r a g i l e bounds.

O n S a t u r d a y m o r n i n g several wi t ­

nesses f r o m M u l l e n , l a , tes t i f ied

Orehard was p l a y i n g cards there wh i l e

the m i l l was b lown up, and was not i n

W a r d n e r a t a l l . These were F l y n n , i n

whose store the game was played, and

P a t M c C o y l e , who was in the game. The defense a t to rneys fough t to

prove the t e r r i b l e condi t ions that pre­v a i l e d in the Coeur d ' A l e n e s a f t e r i ts

to arres t h i m f o r the Coeur d ' A l e n e s occupat ion by the m i l i t i a . The prose-d i f f i c u l t i e s . O r c h a r d i m p l i c a t e d h i m cu t i on fough t the i n t r o d u c t i o n of this i n the b l o w i n g up of the V i n d i c a t o r evidence, but were ob l iged to be quies-mine at C r i p p l e Creek , where the two cent. s h i f t bosses were k i l l e d . W h e n he F r a n k H o u g h was the man who was read O r c h a r d Is t e s t i m o n y h e imme- i n the bul l -pen and gave the tes t imony, d i a t e ly te legraphed to the a t torneys H e to ld o f the wre tched accommoda-

(Continued on Page 4.)

of the defense that he w o u l d come to Boise and deny the c o w a r d l y l ie .

H e sa id the Coeur d ' A l e n e s s to ry of his l e ad ing a thousand men to b l o w up the m i l l at W a r d n e r was a pure f a k e . H e was not on the t r a in at a l l , or connected i n any w a y , w i t h the b l o w i n g up of the m i l l . H e knew Or­chard only s l i g h t l y , when he came to j o i n the u n i o n at A l t m a n of w h i c h D a v i s was pres ident .

H e gave a most v i v i d account of the persecut ion o f the un ion men ; how he was fired f o r be long ing to the union , a n d b l a c k l i s t e d because he was a union m a n ; bow he wandered over the coun­t r y l o o k i n g f o r a chance to w o r k ; how the m i l i t a r y o f f i ce r s threatened i f union meet ings were held they wou ld break them up.

H e tes t i f ied that he had advocated p e a c e f u l measures both p u b l i c l y and p r i v a t e l y at a l l t imes. H e to ld of t h i p rosper i ty of the un ion i n the C r i p p l e Creek d i s t r i c t before i t was broken up b y the mine owners, a ided by the m i l i t i a — o f i t s fine hal ls , wor th $">0,-000, i t s f o u r stores, i t s l ib rar ies , i t s hospi ta ls .

T h e c ross-examinat ion proved a ba t t l e roya l be tween D a v i s and B o r a h , i n w L i c h the f o x y l a w y e r went down to defeat be fo re the pro le ta r ian g ian t .

W h e n asked w h y he was b l ack l i s t ed , D a v i s filled w i t h i nd igna t ion fo r the wrongs of h i s class, sa id because he had s igned a pe t i t ion w i t h 700 men, a f t e r seven men had been k i l l e d i n the mine f r o m rot ten t imbers g i v i n g way, f o r s a f e r and bet ter condi t ions .

On T h u r s d a y m o r n i n g the ba t t le roya l between tho p l a i n , b lunt miner and tho p ros t i tu ted advocate of c ap i ta l is t b r u t a l i t y and greed s t i l l con t in ued .The t i m b e r t h i e f l awyer attempt ted to merc i less ly bul ldoze the w i t ness. D a r r o w was on his feet wa tch i n g l i k e a t i ge r that no undue ad vantage be t a k e n of h i m .

A g a i n and aga in Borah t r ied to make the wi tness say that there was t rouble in the C r i p p l e Creek pr ior to the troops b e i n g sent i n . D a v i s as­serted tha t a l l was peacefu l . B o r a h tr ied to d r a w out that force and v : > leneo were used by the union men against tho scabs. It was through D a v i s that B o r a h t r i ed to make a case against the unions. H e did not suceed M r . D a v i s not on ly gave his tes t imony that there never was any cause f o r such accusat ions against the unions, but he succeeded i n present­i n g the ma t t e r i n a c lear l i g h t so that a l l could see i t

H e gave a g raph ic tale of the in f amies p rac t i ced against h i m ; how his people] w e r e 'deported a n d scat tered over the c o u n t r y ; how he had been

t ions , the dysentery tha t p reva i l ed among the prisoners, the stench i n the s i r , no v e n t i l a t i o n , 600 men packed l i k e hogs, and a quar ter of them s ick , how they could not get out to the one loset, a n d guarded by colored sold­

iers .

S i m p k i n s was i n th is he l l of to r tu r s and one day f o r some t r i f l i n g offense was taken oat b y these negro troops, and stood i n the sun f o r s i x hours, and prodded w i t h bayonets when he sunk to the ground.

W . A ma l l , who w o r k e d on the Por t ­l and mine i n C r i p p l e Creek , owned b y J i m Burns , w h i c h made terms w i t h the union and cont inued operat ions by v i r ­tue of h a v i n g i ts own m i l l , to ld o f the a t roc i t ies perpet ra ted on the miners a f t e r the explos ion, and how he es­caped f r o m the soldiers and the dis­t r i c t a f t e r be ing beaten up.

The sole offense w i t h w h i c h he was charged was that he was a f r i e n d of the Federa t ion , J i m B u r n s and t h * P o r t l a n d mine.

The sensation of the day on Sat­urday was the tes t imony of M o r r i s F r i edman , the author of the " P i n k e r -ton L a b o r 8 p y . " T h i s y o u n g man tes-titled that he had been a s tenographer i n the employ o f the Pinker-ton detec­t i v e agency, and particularly engaged upon the correspondence of James Me-P a r l a n d . He handle.I the reports that came in f o r m the dif ferent operators of Iks •agency. These " o p e r a t o r s " were known by number, and were employed as union men a c t i n g as spotters. H i t evidence f e l l as a bomb among the P i n k e r t o n s th rong ing the court room. They never read a n y t h i n g in the way of social is t l i t e ra ture , ami had no idea of the revela t ions F r i e d m a n had made in his book.

Ceo. R i d d e l l , who was fired f r o m the Denver convent ion because of his ex­posure in (bis book, was s tand ing in the door when Har row pointed h im out w i t h seoru. QffSSl exei tem. tit w i n d i sp layed among the I ' inkertons. T h e y gathered i n groups whisper ing , and g lared at the y o u n g man who so fear­lessly and honestly to ld the s imple tale of the b l ack deeds of these human reptiles.

F r i e d m a n ' s test imony was the mas­t e r s t r o k e of the defense so f a r . It has presented i r r e f u t a b l y document­ary evidence of the g igan t i c conspiracy sys temat ica l ly ca r r i ed on by the em­ployers against the unions. The unions nre honey combed w i t h these creatures that know not the name of shame or honor. T h . t y t a r e in n i l posi t ' >ns of trust , and they report da i ly to their superior of f icer .

Continued on Pago !