Show I MOYER TESTIMONY ENDS ENOS I Ii i HAYWOOD T STAND Defendant in Celebrated Trial Is Heard in His Own Ov Orchards Statements L I IL L j I Affecting Scene When Witness Tells of His Early Struggles for foe fora II a Start in as a Child Boise Ida July D Hay Haywood Haywood wood took oath today as n a witness In ii 11 own and in a lengthy nar narrative ot of his life and his Work as a eader of his hL fellow miners that Was interrupted by adjournment denied guilt of at the murder of Frank berg and the manifold crimes charged against him by Harry Orchard Hay Haywood Haywood wood was pale and trembled with ner when hg he left the table ot of his counsel and walked around to the ele witness stand where he laced faced the judge and jury and raised his right I hand to be sworn swon When he began besan to respond to Clar Clarence Clarnce nce ence Darrows questions his voice was waslow low ow nd somewhat uncertain but with withIn In ten minutes ho he hI 1 1 regained his composure and for tor the rest ot of the at C he was master ot of his feelings I As he told ot of his boyhood that began toll toil at the age ot of nine and gave the history ot of hi his famIly his Invalid W Ife who oat at just to the tho left ot of the ther Jr r witness stand began sobbing softly Her Hel aid her nurse soon her however and during the rest ot of the afternoon she and the rest ot of kinsfolk remained quiet but deeply concerned auditors testimony was chiefly by positive denials ot of the allegations made against him by the prosecution He denied that he met Orchard until some time after the VIn Vindicator explosion denied that ho sent Orchard back to Cripple Creek to blOw blOwup up the Independence station denIed participation In the Lyte Gregory Gregor mur murder murder der and denied suggesting or 01 discus discussing discussing sing the murder murdel He swore that he never gave Orchard any mone money at any time or for any purpose He declared that he never made a threat against Boise Jul July H Moyer was wasl l called d to the stand in the Haywood HaWood case wien court met this morning Before the of Moyer was begun Mr Ir Darrow of the defense offered In evl evi a letter written by John Murphy of Denver general counsel of the fede to the local union at Silver City Ida Jda at the time the matter of securing tunsel for Harry Ham Orchard was under consideration ons The state objected and was sustained Mr r Darrow then read several front from the constitution of the Western Federation ot of Miners which was admitted In evidence yesterday Cross Examined by Borah Taking up his of Senator Borah first Inquired as to where the real power of the on organization between conventions existed Moyer oyer said It rested in the executive board the pres dent and the he lIe has tc cn an active or member ot of otthA the thA executive bo board rd ever since At Atta ta re ent convention of the federation lii Denver Moyer said Jack Simpkins the alleged accomplice of Harry Orchard who has never been apprehended was c n in office as a member of the ex executive I board for Idaho au a alternate be beIng Ing appointed to take up his duties Moyer was very deliberate in his replies again today evidently weighing his an carefully over In his mind before 1 them lie He said he was living at t Deadwood S D during the Coeur dAlene troubles of 1899 lS but became acquainted with t many of the members frOm that dl di direction at the Salt Lake convention of oft t that hat year ear He also learned of Governor s part In the strike Jack Simpkins was one ot of the men Moyer met metat at the convention He heard Simpkins tell of the indignities he suffered In the Idaho bull pen and knew what wha his feel feelings Jn ings s were Senator Borah questioned the witness r c sely as to the extent of the rule of the to defend an any of Its members of crime Moyer Io er declared that man was defended unless the live tive board decided his arrest lad had some I COnnection with the Western Federation of Miners I 1 If a member of the federation should kill a man on the streets attests of Boise you ou would not defend him unless s you felt the federation was in some way involved In Inthe inthe the affair suggested Senator Borah That Is my understanding We e would defend anyone anone who whose e act grew out ot of a astrike strike or whoso whose arrest we felt was due to 10 his connection with the Western Vestern Fede Federation Federation ration of Miners You dont hold held it out as an Inducement to members that the federation will de lend nd tb them m for any crime committed do doO doNo doNo O No sir Senator Borah next inquired as to Pet relations to the Western Federa tIn of Miners Pettibone was not an ac tc member but when his business per permitted permitted Would attend the conventions 5 and come to headquarters lIe was a 8 good friend of the organization and ready t F assist In any way he could He had of tn bought furniture and other supplies for lir the orga organization and for Its members When Moyer saw Orchard and went to dinner ner with him a year ear later the matter f trio the Independence depot explosion was discussed Orchard he had nothing to do with It and that he and andeville Neville eville had left leU the CrIpple Creek district I l tore the explosion occurred Orchard and Moyer declared he had never neer iward harl ot enmity Governor Sten until the present trials started tf Borah had the tell again of Orchards activities In helping the fed federation federation officials and attorneys s i iii the al alleged case at Cripple Creek You knew him as Orchard and as an member or of the organization sug suggested Senator Borah Borab Yes Yea sir sirAs sirAs As to Orchards accompanying him to Ouray luray Moyer said lie he had hir hirIng hiring Ing a bod body guard until happened tr to drop In and J ay R that he was going through Ouray on lila his way to The rhe two w were re on the train together for fora a da day Sand and a night and talked very gon ii 1 whom ho he said he regarded only as he did any politician who was being beings s swayed by capitalistic influence Met Orchard in Denver Ho He told of a number ot of occasions when he met Orchard In Denv Denver r in the ordinary course ourse or of his relations with the federation and George A Petti Ietti Pettibone bone and said he saw for forthe forthe the last time in August 1905 1903 when hen Or Orchard Orchard chard told him he was going to Alas Alaska Alasha ka ha and Haywood said he him for deserting his wife in CrIpple Creek I The Tho direct examination had not nol reached the connection of Jack Simp kins and the action ot of the federation after was vas murdered when adjournment interrupted it Tile state completed the cross exam examination examination of Charles H Moyer at noon and In dealing with his testimony di directed Its strongest attack against the circumstances under which the federation at the suggestion of Jack Simpkins came caine to the relief relle of Orchard when ho was as arrested for killing Senator Borah Borab who conducted the examination emphasized the connection connection tion of Jack Simpkins and the fedora federa federation fedoration tion and the fact that the federation without t Inquiry as to the guilt or 01 In Innocence innocence of Orchard gave gao 1500 from its treasury to provide for his defense He also developed the fact that the federation Is provIding for the do de defense tense of Steve Stee Adams who is charged with killing kUling two claim jumpers at the instigation of Jack Simpkins llo Moyer er denied knowing anything ab about ut the that Haywood sent to Jack Simp Simpkins Simpkins kins a few days before was vas assassinated and which Is traced to Orchard b by an unsigned note he got at Caldwell Caidwell jail and a coincidence ot of dates MOYER TESTIMONY FINISHED r AND HAYWOOD TAKES STAND about their theil experiences in different mining fields There was some discussion of Orchard comparing the acts of governor to those of GO Coy Peabody ot of Colorado Orchard also told of having had an interest In the Her Hercules cules mine but did not say he had lost that interest because of Governor enberg He always said It was because of the troubles In the Coeur Moyer Moer repeated his statement of ester yester yesterday da day that from the time ot of his arrest In Ouray In April 1904 until June Z 23 lie he had not seen Orchard You are sure of this questioned Son Sen Senator ator Borah I 1 am willing to sa say so under oath sen senator senator ator OutsidE of offering a reward of the Western estern Federation of Minors Moyer said did nothIng toward ferreting out the parties responsible for tor the Independence dep t explosion The witness read In the papers that Orchard and Johnny Neville were suspected of the crime The fede federation federation ration this did nothing toward inquiring into I I Moyer declared he knew nothing of a draft being sent by Haywood to Jack Simpkins on Dee Dec 21 1915 1913 The first ho he ever ovel heard of the draft dratt was In the evi evidence evidence dence produced In court a week or so ago your name have to be on such a draft asked Senator Bomb Borah No sir you have hae knowledge of a check being drawn to cover coer the draft Yes sir Did you ou ever draw such a check The only check I drew was given to Simpkins In person when he drew his per pel diem and mileage carl early in December in Denver Senator Bomb asked Moyer If he had had any previous communication with Jack Simpkins prior to from him J Jan n 4 1006 the telegram Cannot get a lawyer to defend Hogan He do de dared he had not Do you ou know why he sent you that telegram 7 I do donot not Did you ou ever talk to him about it itI itI I have never seen him since llo Moyer er said that Simpkins as the mem member her ber of tie the ext executive utie board of the dis district wh rc the trouble occurred would be the man to handle the affairs ot of the Western Federation of Miners Moyer said that at the time the fedora federa federation fedoration tion arranged to employ a lawyer lawer for Or Orchard Orchard chard there had been no Inv Investigation to determine the tho mans guilt or to learn if Jack Simpkins had been In Caldwell with him Believed Orchard Innocent Did you ou expect to preserve the good name of the Western Vestern Federation of Miners liners by defending the tho man who had killed hilled Frank demanded Senator Bomb Borah BombI I did not believe at that time that Orchard had anything to do with the tho murder I felt it was just another at attempt attempt tempt to charge a crime to the fedora federa federation fedoration tion Attorney Fred Miller who went from to represent Orchard was paid 1000 on account when lie he camo caine to Den Denyer Denver yer ver Jan 1906 to report the result of Orchards preliminary hearing The check was not made out In Millers name but was drawn to the order ot of Richardson Hawkins who had acted ns as the federa federations attorneys In several Instances The lasted but a lIt ilL lItt t tie tle more than an hour and a half haIt On re redirect direct Moyer said that Attorney Hangs was employed by the federation at Crip po pie Creek and made an Investigation of the explosion Moyer dt declared lared he had not heard of Simpkins since some time In January 1006 He knew where to find all the other members ot of the executive board but could coul not tell where Simpkins was Both sides announced that Moyers examination hall had ben been concluded as the luncheon recess un till 1 p m in was ordered Haywood Takes Stand D Haywood WaS called to the stud stand immediately after the recess and his examination b by Mr Ir Darrow was be begun besue sue gun The Th accused man was perfectly IY at Continued on Page 9 4 I NOYER MOYER TESTIMONY ENDS I HAYWOOD TAKES STAND Continued from Page 1 ease as h he walked to th the chair and took the oath as a witness own behalf His voice olce was quite low at first but when his attention was called to this he ele elevated elevated It so as to carry arry to Judge Wood Haywood was firs fin questioned as to his family history He said his father am and stepfather were both miners and he first began work as a miner under the latter Hawood Harwood was born In SAlt Lake CIt City In 1869 1569 His father was born In Ohio and lila his mother il in daughter of an English army officer Haywood said he first w nt to work at the mines when he was nine years old He was married at Pocatello Idaho and has two chil The witness who haS but one eye said he lost the other when a boy by stickIng a knife In It The spent the greater part of his mIning career at Sliver Silver City Idaho He joined th Western Fed ratIon or of Miners In 1816 1596 Haywood declared he never knew Coy Gov Governor and had no IntereSt In n the Coeur d dAlene Alene troubles other than thanas thanas as a member of the r federation The prisoners wife mother and younger daughter were present in court this aft afternoon when he was called to the stand Resolutions and discussions condemning Governor course In the Coeur Haywood declared were not confinEd to the Western FEderation of Miners but applied generally to labor organizations throughout the country The witness was If he ever said to anyone anone as has been testified that Governor St should be eater exter exterminated No sir he replied I 1 think what I Isaid Isaid said was that he should be b relegated and I took a hand In relegating hIm Haywood became a member or of the exe executive board or of the Western Vestern Federation of Miners In 1000 holding that position until June 1901 when he was elected sec office he still nominally fills Ills His salary Is a month The witness was ned at length as to the early history ot of the or organization the duties or of Its officers etc Asked If the federation employed flUor Haywood declared that at times It has as hl high h ns as two attorneys on th the pay roll When hen lIe entered the or thEre were 1000 members Its growth has bEen steady ever since that time with the exception of the Cripple Creek year Car when there was a temporary loss of some members Interested in PolItics The federation according to Haywood Hawood has always an active Interest In politics one of Its objects being to elect Its friends and defeat Its enemies It has also taken a deep Interest In labor meas measures urea ures affecting all classes or of workingmen An law as applied to miners has been secured in nearly every state where the federation is organized In some eases cases I became necessary to amend state constitutions before the statute could be effective Hayw od wa was led by Mr lr Darrow over oer overmuch much of the ground covered yesterday by as to the beginning and progress of the Colorado troubles The witness said his duties as secretary of the fedt federation Kept him at headquarters all the time the traveling being done by the president and members of the executive board He accompanied Moyer to Cripple Creek soon aftEr the strike was called there and at the Pinnacle park pie pic picnic nic delivered an address In which he coun counseled counseled peace ad warned against any form or of violence Haywood said he first met Orchard In 1904 at the same time royer Moyer met the man Orchard came as a delegate from one of the Cripple Creek Crek miners unions to a convention of the State Federation of Labor LaborThe LaborThe The witness Ss dEnied as flatly as Moyer did yesterday that Orchard was at feder federation headquarters In December 1900 and that he had congratulated Orchard on blowing up Ul the Vindicator mine He never spoke to me at any time about the Vindicator declared Haywood Hawood and never neer received an any money from fromme fromme me Ha Haywood wood corroborated what royer Moyer tes testified testified to yesterday as to the circum circumstances stances or of accompanying the president of the federation to Ouray Col When Moyer lo er asked Orchard Jf if he had any firearms said Haywood Orchard his vest |