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Show pN SPIES bOIIOIS ft. Confidential 'Sfenog-Karnf 'Sfenog-Karnf McPai'land Fiir-f Fiir-f jiisiies Sensation. )IS TESTIMONY Kh COPIES OP REPORTS Wms for Defense Tell of Rel Treatment in the m "Bull Pen." Wt Ida., .Juno 20. jMorris FreJd-Banner FreJd-Banner employee of the Pinker-flfetive Pinker-flfetive iigonry at )cnver, who iE.iri adventures nnd many of Jtfltinl reports nnd records that Eroag'u Ii ib hands in an attack Ejtncr, was a witness today in 5' William D. Haywood, -.and jE'tk Pinkerfons had sent spies cy of the important unions of SLto Federation of Miners, ill from the defense for Fried-Kjke Fried-Kjke the stand produced one of iKtioDal periods of the. trial. Ho "jfeDfj-Iookine young mau, with flw Mack hair and of marked tjpo. . tyc.ivv. thick glasses !Ms largo dark eyes, and his jHkren face is very pale. By operating number ho iden-rzm iden-rzm detectives who succeeded )Ri? or filing very close io the iB-Jons in Colorado, and 'he pro-Bjorainou3 pro-Bjorainou3 copies of the reports b'to the agonc3' for transmit;-V(h" transmit;-V(h" mine owners. Fricdiimn jBigfidcntial stenographer under Ve McPnrlaiul, and, so he tcsti-part tcsti-part of his duty to re-copy Hj of I tic operatives as I.I icy Retires Union Officers. siTore that in several in-'iei in-'iei detectives sent out by the Bb behalf of the mine owners 9fo gel lhcmselves elected to Btt in the unions and in a cou-MvVjtanccs cou-MvVjtanccs they carried their b to the extent of sharing KnUliip? of real strikers and flplly deported from tho conn-Vrcsl conn-Vrcsl sinkers, who went out 'Wbt militia. Ten feet from Wki chair sat George W. Pc-is Pc-is a t'iiikcrton detective Vji to leadership in' the Telluride W turning to him hy direction iHK?' Darrnw the witness idon-'9k idon-'9k Kclell smiled and touched Bt ' Friedman pointed toward jvn will that one Finkcrton t,kcamc chairman of the union jjBj'rf committee, at Globcville BM charge of all funds and Bncd there hy the local union federation. Friedman said tf instructions from his su-N su-N Pilikcrton agency this jlricd to beggar the fedorn-ili fedorn-ili expenditure in behalf of jHn,aml failing in (his he cut durn to the lowest possible Mffipncss in the hope that the jBfioi'0 Un''Jn m,n' tcusure More to Reveal. jWj8 twice interrupted to f other witnesses and did Ijjfcond tho identification and a :W..of c:ic" operative employed WPionaqc of the federation's "hons. and the idontiGea-JF(1 idontiGea-JF(1 of the confidential rc- 2wktler Wcrc "ot rca'1 aiul offered in evidence until jMnu'n& wficn Friedniau will tMg. testimony. "nation did not show wheth-J wheth-J ontcred the employ of Mm m?.K spy in behalf uf the P'Mtions or his decision lo 7.C his knowledge and the Ml!.)k mK'hcl(1 aftf:r 3ft tho introduction of Mor- JE!Il, thc (,ofensc "l&'o ofl'crcd ff"! t testimonv covering mffl ilitJ"' thc Oispulc ns to Athd sold his interest: in 'Mk? m,nc thel 1 rent men I of IMl 6 WhiIt' " nrisonor in tho IK1'!1." another moHvc for !'mi "tc(-'tiv tyte Gregory, .of men friendlv to the Pplfi Creek, and the cir-m cir-m WdCr which the processes fc courts at Tcllnridc wore the military authorities. iKv that orf the dnv Ba fln'1 S,,,,'vn 'H was 0rcbnrd Avas at Mul-m Mul-m Rhlccn miles from Ward- m-lT1? ,,im in Vokor WxL thPm--Patrick Mo rr-swor.. that he sat, IBS' V vn-''-ifc means, in-L7,n in-L7,n at .Mellnlo is a mt-i;?cc,ltio endeavored to ;MitnJ;ol!Mt 1,01 11 l'I' for"J-ly operated ,,urth Idaho, testiUcd Inl on 1X0 t.our M PINKERTON SPIES MADE HEADS OF MINERS' UNIONS I I,1 Continued from Page Ono. I I 'lint Orchard enmo to him on Mny 2, I1 VS09, and offered to sell him his inter im , st In t.ho Hercules mine for $400. Or- 1 hard has testified that ho finally sold j is interest in the mine in 'February, I S97. Prank Hough, who said ho was nj; to .the "bull pon" innorth Idaho ij n 3809 for reasons that ho never know, j 'escribed conditions in that military ! trison and told how nogro soldiers ro- 'luired Jack Simpkins to stand for six I iours in tho hot sun of a July day, ro- ! Mised him water, and kepi: him up by iienociug him with their bayonets. An-' An-' 'other cruelty witness was William .Yinole, once a watchman on the Port-' Port-' 'and mine which acceded to tho de- j nands of the strikers, at Cripple Crock nd continued to work with union men. (a picturesque language 'and real good f 'humor, Amole told how after ho was Irst d dven from the- district he neaked back to got lite furniture, only j o be rounded up by the "militia. Tho ' oldiers released him, bnt as he left he office of the Citizens' Alliance he was set upon by a party of armed nnsked men. He testifiod that thoy II' t'ook him six miles outside the town i! und there cruelly whipped him with l revolver butts and a blacksnako. l Judge Theron Stevens, now of Gold- I "field, Nev., but once of the District I i ouri at Tellnride, traced the history I 'of the relations between tho courts and I the soldiery In the troublous days of If , the strike. He testified that when the deportees tried to use tho injunction 'o get back to their homes, the Governor Gov-ernor returned the district to tho control con-trol of martial law, and that the writ 'of haJbeas corpus and tho subsequent order .Tor arrest for its disobedience ..against the military authorities in tho case of Charles H. Moycr, were both disregarded by General Sherman Boll and Captain Bulkelcy Wells. The Judge 'thought things had boon very quiet in Tellnride district, but under cross-ex-.amination said that some men had been I killed in an attack on the Smuggler- ' Union mine and that subsequently Arthur Collins, manager of tho mine, was murdered. There was also a showing that De-' De-' tective Lyte Gregory had beaten up i 'officers of tho United Mine Workers .and the defense explained that this I was offered as the foundation for the claim that somebody besides the fed-1 fed-1 eration might have desired his death. 1 Orchard as a Poker Player, j ,, The trial proceedings began today with the introduction of Dominick D Flynn of iMullcn, Idaho, who testified H that he was a merchant. Plj-nn declared I that' Harry Orchard on tho 20th of .April, J899, the day of the explosion .'at the Bunker Hill and Sullivan mill, "was playing pokor in his place. This was tho" second witness to testify that 1 Orchard was playing poker in Mullen on tho day ho says ho holpod light tho fnBes under tho mill at Wardner, oight-oon oight-oon miles distant. Tho pokor game lasted from noon until un-til 4 p. m, Plynn Baid. Cross-examined by Sonntor Borah, declared he had never been a member of tho Wostorn Fodoration of Miners or any other labor organization. Ho had kuown Orchad a year and a half, and the man often played pokor at his place. Tho wituoss gave tho names of several pontons who woro in the game tho day of tho explosion. Ho never saw Orchard Or-chard after that day. Plynn declared he had not voluntoered tho information as to Orchard's whereabouts. Sometime Some-time after his arrest a man oamo to him and asked if it was true that Orchard Or-chard played poker in his store April 29. JFlvnn said ho had spoken to Mc-Halo Mc-Halo about tho matter since Orchard '5 arreBt. McHalc. who is a bartender in Mullen, Mul-len, followed Plynn on tho stand. He said ho played poker with Orchard Or-chard in Flvnn's cigar store on the 29th of April, 1$99, and had never soen tho man since On cross-examination McHale said he gambled a groat deal. "It's vour profusion, isn't it?" asked Senator Borah. "No, sir: I'm a bartender." "now often do you gamblo?" "Evory timo I got a chance." Orchard Not at Wardnor. McHalo said tho poker party was made, up of Forest Clark, now a retired re-tired mining man: Dominick Plynn, Harry Orchard and himself. Dr. Mc-Goe Mc-Goe was in the place during tho day, but did not play. The witness declared he was positive Orchard was not at Wardner the day of the mill explosion. "Then," said Senator Borah, "Orchard "Or-chard had nothing to fear so far as being mixed up in that matter was concerned?" con-cerned?" "No, sir." "And he had no reason to sacrifice his properly and got out?" "No' sir." Mr. Darrow, on re-direct, asked: "All the union men were arrested weren't they?" "The' arrested everybody in Mul- j len. ' 1 "That's all," said Mr. Darrow. "Did thoy arrest 3'ou?" asked Senator Sen-ator Borah. "No." "Or Col. Moore, or Dr. McGeo?" "No."- "Who did they arrest?" "Well, they arrested every man in Mullen except tho saloonkeepers." Prank Hough, a member of tho West-tern West-tern Federation of Miners, from Wallace, Wal-lace, Idaho, was in the "bull pen" in 1S99, was called to testify as to tho conditions con-ditions in the military prison. Ho said Jack Simpkins. accused of complicity in tho Steunenborg murder, was a fellow prisoner. "Were you ever tried?" asked 'Darrow. 'Dar-row. "Yes, air. " "What for?" ( "To find out what I had been arrested ar-rested for." "Did you succeed?" "No, sir." Tho prosecution objected to this testimony tes-timony as to the "bull pen," but it was allowed upon the statement of Mr. Darrow that it was intended tp show the motive of Simpkins for acting with Orchard; both men, it being alleged, having a personal grudge against Governor Gover-nor Steunenberg. Conditions in tho "Bull Pon.'f Hough said from U00 to 500 miners were crowded in tlio "bull pen" during dur-ing tho hot months of the summer of 1899. Ono-qunrtnr of tho mon were ill most of the timo. Tho priHon was guarded by troops of tho regular army. "What sort, of troops?" asked Darrow. Dar-row. "Colored troops.'-" "Was it tho samo regiment that nft-orward nft-orward wont to Brownsville'? " "Brownsville?" repeated tho witness wit-ness 8omowhat puzzled; "I can't say aa to that." "Wo are not going to investigate that affair, aro we:" questioned Judge Wood of the attornoj's. "Well, I ucss not," drawled Darrow, Dar-row, after a pause. "If you do we will send for For-akcr," For-akcr," declared Senator Borah. Tlbugh told of an incidont which occurred oc-curred on a hot day in J11I3' wheu Jack Simpkins "was taken outdoors and made to stand in tho sun for six hours without, water. "What was his condition?" asked Darrow. "lie seemed to be suffering considerably. consid-erably. Every time ho triea to sit down the soldiers trained their bayonets bayo-nets on him." "Did you poo thorn jab him with their bayonets?" "No, sir.' TTmifrh Raid wnc now n nnint.or nnd pnperhanger. Sometimes ho tended oar. Ho mot Orchard at Wallace, Wal-lace, Idaho, in 1905. Orchard said he had just como from Alaska. Ho also said that if It had not boon for Stou-nenberg Stou-nenberg he would havo been a rich man. Cross-examined by Senator Borah. Hough said, ho was in Gem the day tho miners went through on a train bound for the Bunker Hill and Sullivan Sulli-van mine at Wardner. Hough declared tho men were not all masked, ne did not see any arms, either. "Do vou know where that train was bound for?" demanded Sonator Borah. Bo-rah. "I did after tho train pulled out." Mr. Darrow objected to this as not cross-examination on any matter inquired in-quired into on direct testimony. State Scores a Point. Senator Borah said ho wanted to show why the witnoss was sent! to tho "bull pen," and on this statement was allowed' to proceed. Asked to give tho names of ' some of the mon he saw on tho train, Hough said : "Mike Divine." "Where is he?" "Dead." "Who else?" "Jay Gould." "He's dead, loo," said Attorney Darrow. Asked to give tho names of some one not deau or out of tho country, Hough replied: "Horace Mahoney, Joe Riloy and lots of others. Tt is a long time to remember re-member names." ' "Who arrest od you when you wore taken to tho bull pen?'' "A doputv they called 'Death on the Trail.' " "Any other name?" "That's the only name I knew." Hough said ho was arrested in tho general roundup. When he saw Orchard in Wallace in 1905 he also saw Simpkins Simp-kins there, but had no talk with him. driver and rnncner in tho Cocur d'Alenos, was the next witness, lie knew Orchard quite well and met him on tho road between Gem and Wallace Wal-lace on May 2K 1S99, three days after the Bunker Hill and Sullivan explosion. explo-sion. "Ho told me I' was tho man ho wanted to sec," said Raney. "lie said ho wanted to sell his one-sixteenth interest in tho Hercules mine and get. out of tho country before the soldiers camo in. Ho wanted $400 for his interest, in-terest, saying tho Hercules would make a mine some day." Under cross-examination Ramey said Orchard was riding horseback when ho saw him. "Did he tell you ho had given a title ti-tle to his property to a man named Cordova more than a 3'car beforo this timo?" asked Senator Borah. "No, sir; 1 didn't ask him about the title. I turned tho proposition down cold." Asked how he happened to rcmbm-bor rcmbm-bor the conversation Ramey said: Good Reason to Romcmber. "When thoy struck it .rich in tho mine, T thought a lot about tho offer 1 had turned down." Disposing of its witnesses in rapid succession, the defense next called James A. Baker of Slocan, B. C, a miner and prospector. Baker has been a momber of the Western Federation of Miners since 1899, and from 1901to 1905 was a member of the executive board for British Columbia. Ho was in Denver during a large part of the Cripple Crock strike, and assisted in running the affairs of the organization while Moyer and Haywood wero in jail. Baker said he -went to Cripple Creek in December, . 1903, to establish a union store. Ho was arrested by the militia and taken before the commanding command-ing officer. When ho told what his mission was the ofilcor said they didn't want any union stores in the district, and advised him to lake the first (rain out of town, "What did you do?" asked Darrow. "I took it," said Baker. There was no cross-examination. "William Ample of Denver, who was a -watchman at the Portland mine, Cripple Creek, up to thfi time the union miners were deported, following tho Independent depot, affair, was called to give his experience during the deportation deporta-tion period. He said he was arrested and released several times, and finally was flogged by two masked men. Ho was cross-examined very briefl'. Witness Furnishes Sensation. Something of a sensation was caused bv tho calling of the next witness, Morris Friedman, who lias written a book, which he claims is an expose of Pinkorton detective methods. Friedman snys he is now a newspaper news-paper correspondent, llo 'Worked as a stenographer in the Pinjccrton oflice in Denver during the Cripplo Creek strike, doing particularly the work of James" McParland, who has worked up tho case against the Western Federation Federa-tion of Miners in the present case. I 'Friedman said ho became thoroughly r familiar with tho oflico work and methods. Aked as to the placing of Pinkorton Pinkor-ton Operatives in Jabor uuions, Fried-f Fried-f man said a man named Crnno became secretary of the Smoltormen's union at Colorado City, and was also chairman chair-man of tho strike committee. Other operatives who were connected with the unions .in Cqlorndo wero Joseph B. Bailey, Cummings Lutlow and Coui-bcar. Coui-bcar. iricdman dcclured he handled most of tho daily reports from these mon for a year and a half . Riddell was in the courtroom as Friedman bogan his testimony. Ho was identified by tho witness. Two of tho Piukortons woro deported de-ported with tho rest of tho union men from Cripplo Creole and:,Tollurido. "Do you It now a Pinkorton named Londoner?" askod Darrow. "Yos, sir." "WaH ho a momber of tho union?" "No, sir; Londonor was supposed to be a capitalist, and trying to Jind out tho secrets of Mr. Hoinzc." Tho reference to tho Montana mining millionaire called out. a wave of laughter. How the Splos Worked. Friedman next told of an operative named A. W. Cratias. who was chairman of tho minors' relief committee at .Globoville, just outside of Denver. 'At first Gratias was intrusted by Mr. McParland to moke tho relief bills as largo as possiblo. snid tho witness, "m order to drain tho Western Federation's Federa-tion's treasury. This didn't seom to work,so Gratius was told to cut down the bills to the lowest notch so as to dissatisfy the mon on strike." Tho roport from the operatives in the various unions usually covered all that had transpired at union meetings, what the miners woro doing in private, where they went in the evenings, etc. Fried man said 110 nad copies ot a number of these reports. It was a part of his duty to copy those and mail thorn to the agency's clients. Friedman said tho Pmkertons spied on both tho West-tern West-tern Federation of Miners and the United Uni-ted Miuo Workers. Tho witness had not brought tho copies of tho reports to court with him nnd was withdrawn until tho afternoon session, making way for James Mooney of Missouri." Mooncy said he was a farmer and also ran a coal mine. "You do both?'" queried DaTrow. "Yes, sir: I'm what they call in Missouri Mis-souri a Jim Crow farmer and a ono-horae ono-horae coal operutor. " As a member of tho National board of tho United Mine Workers, Mooney said he was called to the Trinidad coal fields of Colorado, whore there was a strike. "Our object," said Mr. Darrow, addressing ad-dressing the court, "is to show that Lyte Gregory of Denver, who Orchard says ho killed, had to do solely with this coal strike, and was in no way working- against tho Western Federation of Miners." Motivo for Grogory Assault. Moonoy said non-union miners were being brought to Trinidad and it waa generally reported that Gregorv and the dotectives agency, with which he was connected, was in charge of this work. Tho witness said ho was bad)' beaten up and was in bed for ten days. The prosecution objected to this. Mr. Darrow, in arguing the point, said lie wished to show motivo for assaults on L'te Gregory. "On the part ot this witness?" questioned Judge Wood. "Yes, sir," said Darrow; "on the part of anybody who was th'ero and who looked on Gregory as a thug, a man .who .beat up the people and who was hostile hos-tile to the union." The witness was asked on cross-examination if he had laid any plans to assassinate Gregory as a result of his experiences at Trinidad; ''No. sir." "Did you encourage m any of your irienns to assassinato nun" "No, sir. I made no effort to find out who ho was. " "For tho purpose of seeking revenge?" re-venge?" "No, sir. 1 wa6 seeking to havo him prosecuted according to law'." At tjic conclusion of Moonoy 's testimony, testi-mony, the luncheon recess until 1:30 p. m. was ordered. Another Story of Boating. Chris Evans; national statistician of tho United Mine Workers, was called to tho stand nfter recess and testified that while he was at Trinidad, Colo., he, too, was beaten up. The prosecution challenged this testimony tes-timony as immaterial and irrelevant, but Judge Wood allowed it on the statement of counsel that thoy expected to show that Lyte Gregory was respon- . siblo for the assault, , Evans was followed by John T. Ticr-uey Ticr-uey of Denver, a newspaper correspondent. corre-spondent. Ticrnoy said he was at Trinidad Trini-dad during the troubles there. Ho saw Lyte Gregory at the placo. He described de-scribed Gregory as :i man six feet two inches in height and weighing 260 pounds. Mooncy had declared that tho man who assaulted him was an exceptionally large man. Next on the stand was Judge Theron Stevens, former judge of tho District court of Colorado at Ouray. Judge Stevens is now a resident of Goldficld, Nay. Askod the purpose of Judge Stevens's testimony, Attorney Richardson Richard-son replied that il was to show that fieaceful conditions existed in the Tel-uridc Tel-uridc district of Colorado up to the time the militia camo in and tho de-.portation de-.portation of the union miners was be-'gun. be-'gun. Judge Stevens told first, of an injunction injunc-tion having been issued against the miners' union preventing a boycott of some of tho merchants in the-' Tel-luride Tel-luride country. So far as he knew the injunction was obeyed and there-was there-was no interference of any sort with the court. The witness said ho had refused to grant an injunction to tho deportees so long as the militia was in the district. dis-trict. After the soldiers were withdrawn with-drawn thu Citizens' Alliance continued to deport minors and then Judge Stevens granted an injunction to naif a hundrea of tho deportod 'men, allowing allow-ing them to return. "What was done then?" asked Attorney At-torney Richardson. "Tho Governor of Colorado proclaimed pro-claimed the district in a state of insurrection in-surrection and sent the soldiors back. The deported men were not allowed to rotum. .Judge Stevens next told of having granted a writ of . habeas corpus to Charles IT. Moycr, president of the Western Federation of. Miners, when ho was arrestod at Ouray. General Sherman Boll and Captain Bulkoloy Wells of the militia had Moyer in charge nnd refused absolutely absolute-ly "to produce him in court, Judu Stevens said ho then issued a writ for tho arrest of Bell and Wells. They would not surrender thomselvcs. Wells at this time was vice-president nnd general manager of the Smuggler-Union Smuggler-Union mine and a prominent officer of the Mine Owners' association, Sonator Borah on cross-examination asked Judge Stevens if he was in Tellurido Tel-lurido when an attack was mado on the Smuggler-Union mine ?and several men wero killed. "Yes," : "A man named St. John and others accused of taking part 'in the attack wore brought boforo you and you released re-leased them?" yc?. "Wells succeeded Arthur Collins as manager of the mine, didn't he?" "Yes." ( "And Collins was assassinated by being be-ing shot through a window at; his house?" "Yob." Judge Stovons said ho had nover known oithpr Moyer or 'Haywood. The Federal court finally iasued a writ of habeas corpus and tho day It was issued martial law was doclared off and Moyer roleasod. "Wero you at Tolluridc ,when ninc-tocn ninc-tocn union men were killodi-smothorod to( death in tho Smuggler-Union mine?" naked Attorney Richardson on r6' direct examination. "No, air; but I heard of it." Judge Stovons was excused and Morris Mor-ris Friedman recalled. Attorney Darrow spent some timo with tho witness identifying half a score of reports which Friedman declared de-clared had been handled by him at Pinkorton headquarters in Denver. Mr. Dnrrow said at this time that ho did not know just how many of the reports re-ports ho wpuld offer in evidence. Tn order to givo Judge Wood and counsel for tho prosecution timo to read the reports before, passing upon thorn an early adjournment was taken until Monday Mon-day morning at 10 o'clock. |