| Show MS l MESSA E IS S READ TH THE JURY JY Prosecution Also jets Gets 6 dank nl Drafts Into the Records After a Struggle e former ronner o em nor Peabody and His Hang Tell TeU of Orchards Orchard's Doings BOISE IDA JUNE 15 15 THE THE PROSECUTION IN THE BERG BEEG MURDER CASE WON ITS FIGHT FOR FOE THE TILE ADMISSION OF THE CONTENTS OF THE TELEGRAM TELEGRAM TELE- TELE GRAM GEAM STEVE ADAMS SENT FROM OGDEN TO THE DEFENDANT HAYWOOD HAYWOOD HAYWOOD HAY- HAY WOOD AT DENVER IN JUNE 1903 AND DETECTIVE PENDER OF OGDEN OGDEN OGDEN OG OG- DEN WAS PERMITTED TO TESTIFY TO THE CONTENTS THIS MORN MORN- ING THE MESSAGE WAS AN APPEAL FROM ADAMS TO HAYWOOD FOR FOE MONEY THE STATE THEN PROCURED AND SECURED THE ADMISSION OF SIX DRAFTS SENT BY HAYWOOD TO JACK SIMPKINS AT VARIOUS TIMES IN 1904 1905 AND 1906 One was wag sent just before and one just after the murder and the purpose for which they were introduced introduced intro intro- was to show the relations of Haywood Haywood naywood Hay Hay- wood and Simpkins who w o aided Harry Orchard on the first fast atten attempt pt to kill The State next produced the fragments frag frag- fra fragments ments of the revolver and device de by which the infernal machine placed inthe inthe in inthe the Vindicator mine was set off and this led ed to a general di digression into ino the whole story of the Cripple Cf Creek ek strike of 04 1903 in which the defense sou sought hr to tp show and incitement to vio- vio lenco t enco by agents and md officers of th the Mine Owner Owners and aid highhanded high high- handed injustice the militia after martial 1 law V was declared il Peabody Family There Then the play went ba k to the Peabody Peabody Pea Pea- ea body bomb to prove its recovery from the Coeur d d' d Alene dAlene river Former Gov Peabody Mrs Peabody and Miss Miss' Peabody Peabody Pea Pea- bod body who had seats scats within the rail intently intently in in- watched the production of the bomb casing which so rang held tra tragedy edy for them Charles T. T Roach a plumber testified that he made the e using casing sing of ot what is known as the Peabody Peabody bomb It was made to order lie Ile identified the bomb easing casing i examining in it carefully He lie said he did not think he could id identify identify iden iden- n- n the person who person who ordered it and did not know Orchard I Miss Cora May Peabody dau daughter of former Gov Peabody was one me ope of the thelast thelast thelast last witnesses at the mornin morning session She testified to s seeing ein two men near her earia cariago e during her fathers father's f ther's term of office V t Her mother and sister were with her Orchard Orchard- testified that one night ni ht he waited to shoot the Governor but wo i imen men got ot out of the carria carriage e. e E. E F. F I Richardson cross examined cross examined d Peabody She was was extremely ly nervous but answered every question without contradiction RIchardsons RIchardson's questions directed to an effort t- t to show that the witness ss was endeavoring to I bolster up Orchards Orchard's testimony Former Gov P Peabody was the last las I I witness He saw Orchard in Canyon City at the time Orchard said that he went th there re for the purpose of killing the Governor Interest Dying Out I i I The seats outside the bar were not more than half filled when court opened at 9 o'clock this morning J J. T. T lender fender the I detective from Ogden who arrested Steve Adams In a fruit car at Ogden was Vlas re recalled re- re called called- I Senator Borah said to the court that In Inthe Inthe I Ithe the statement made by by- Orchard and and the testimony of ot Pender Fender upon the stand yi- yi I I that Steve Adams sent a telegram am to Haywood thus Steve Adams as asa asa asa a respondent co-respondent with Haywood Maywood the State I had the right to Introduce p Renders Render's testimony testimony testimony tes tes- tes- tes I as to his knowledge of the contents contents contents con con- II tents of at the telegram I Judge Wood said he had no doubt as asto asto asto to the admissibility of ot the evidence but ruled that the St State te must lay Jay foundation to show that the original telegram had been destroyed Senator Borah argued at some length and quoted authorities air Mr Richardson h g argued that a there e was no possible l rule of law riu under d which et t the evidence evi evl Jl dence dente could be introduced For the sake of ot argument he admitted that Adams sent Rent the telegram to Haywood Haywood Hay Hay- wood when he was stranded and beatIng beat beat- Ing his way back to Denver from a mining mining mi ml- ning camp in California but maintained that this could not be strained to mean that a conspiracy existed between Steve Adams and Haywood The Telegram I IThe The The court admitted the testimony as asa asa asa a declaration from Steve Adams whom the State sets up as a conspirator r The telegram read W D D. Haywood Denver Col I Iam Iam Iam am in trouble Send me 75 at once STEVE STEVE- ADAMS Pender Pende was br briefly ny examined cross and left the stand staid j. j C. C Houston assistant cashier of ot t First National bank of ot Denver was called He said the toe Western Federation of MIners Miners Mi Mt ners did business with his bank and identified iden Iden- tilled tided Haywood's signature on five drafts which were marked for identification The drafts were in favor of ot L. L J J. J Simpkins Simpkins Simp- Simp kins s and were e e purchased d on the Mechanics Mechanics' rd ics ics' National a I bank kha of New York the g Park National bank of New York the National Bank of Commerce and the First National bank of New York All the drafts except one were signed b bf Haywood t W as secretary J f na treasurer and l of the Western te Federation of Miners rA Another Another An An- other draft Introduced was signed by Continued on page 10 r r T j-T f- f r-is r mS mS's s 's y v v i r N iM-A iM t a ai V AA orV-lJ orV i qs q's y r A I I 1 ij 43 I II J d f S J ry r L i 4 t M u r u 44 1 NV C A v WILLIAM H. r Secretary of War who Was Ws stricken with illness at Fort Ft Snelling Minnesota f yesterday y HA HAYWOOD Y Continued from page 1 James Kan assistant secretary and treasurer Read Rea the the Drafts Drat Richardson objected to the Introduction of th the drafts saying saig they were ere immaterial rial ral and had no connection with wih the murder murder murder mur mur- der of oC He le read from Crom the face of ot the drafts The dates and amounts of ot the drafts follow January Januar 27 1904 20 Mechanics Mechanics' National bank of New YOrk by William D. D Haywood and Indorsed to L. L J. J Wilam Simpkins Simp- Simp kins kin cashed by the Webber Vebber batik bark at W Wardner er January iy 18 1905 National Bink Bank of Commerce e New York bv by William 1 P. P ria Haywood and d 1 Indorsed JorI Jk to L. L J. J I kins Wardner cashed by the W ber bank at January 26 25 26 1905 First National b bank of oC N ew Tork Tork by Tames James and Indorsed to L L. J 1 and cashed h bv by bythe I the Exchange National bank at Coeur d d' d dAl ne October ter er 2 29 1905 1560 National Bank of Commerce of oC N New w York by William WilliamI flan I D. D Haywood and anti indorsed to L. L J. J Simp- Simp kins cashed callEd by the Exchange National bank with the additional Indorsement of Frank December 2 second 2 second figure cut lt out out 1905 Mechanics Mechanics' National bank o of 0 New York by William D. D Haywood a a athe and I Indorsed crl gr to bl r. r L. L J. J l Simpkins l p in cashed h by bythe bythe the Spokane and Eastern Easter Trust company with an additional Indorsement IndorsemEnt January 17 1906 National Bank of oC Commerce New Kew York by W. W D. D Haywood and ami Indorsed to L. L J J. Simpkins cash cashed by Matilda Matda Simpkins wife wICe at Traders Traders' National bank bank of Spokane Owner Mine Testifies After some argument Judge Wood ruled that on the States State's showing the connection connection tion ton between Simpkins and the defendant defendant defendant defend defend- ant h he hl would a admit lt the drafts as a evi evl- dence S Twenty-one Twenty other drafts were ere Introduced introduced Intro Intro- and the signatures were wet fed fled fied They were WEre not Introduced in evidence evi dence and were only marked for e- e ca cation I The bundle of oC drafts were ere examined very closely by Haywood O who conferred f YD 6 with Clarence c Darrow on i every one In examination cross cross Houston said that thousands of drafts drafs were sent out In th th I course course of a year car by Haywood or In his I i absence by a ht his ar assistant Y I MaJ H H. A. A Naylor Kaylor of Victor Colo 10 as assistant assistant as- as a- a secretary of ot the Mine Owners Owners' as association association as- as was as the next witness tn ss At U the theT time of the explosion itt lii the Vindicator C mine T Naylor a r e was an O officer in the National Na Na- I tonal Guard of Colorado He went into the mine shortly shorty alter after ater the explosion Fragments of ot a a revolver were Identified d dby by the witness They They- TheY are believed to be beof beof beof of the revolver with which Orchard said the mine In the sixth level was fired fred Vindicator Explosion sion Naylor aylor found the fragments himself They were offered in evidence objected to and admitted S Naylor also Identified a a piece of wire found wrapped around the guard gard rail rai the lifting of which Orchard said pulled the trigger that fired fred the powder in the Vin Yin dictor Under examination cross cross Naylor aylor said the National Guard was called caled out In September 1903 during the Cripple Creek Creel strike He le was In charge of a camp about a mile mie from the te Vindicator and a detail was on duty near the shaft Richardson asked the witness winess If IC he knew an anything of ot the detailing of four men to shoot up the tool shed abed of the Vindicator In In the course of his examination examination ex ex- Richardson insinuated that the defense would try tr to show that the Vindicator Vindicator Vin Yin owners were behind in the payment payment payment pay pay- ment of their assessment to the Mine Owners Owners' association n and that the soldiers were employed to create disturbances and destroy property the h Mine I Owners Owners' e sti association laid to the h door o of i the Western Federation of ot Miners Na Naylor lor said he knew nothing of any arrears due from the Vindicator mine He is now assistant secretary of the ther r Mine Owners' Owners association but was wa not connected with wih that organization during the strike The witness was asked If J he lie heI did not have a decided animosity against again t members of ot the miners' miners union I Quotes Sherman Sheran BellI Bell Bel I l dont don't know that I I. I have replied Ka Naylor lor Were you with wih MaJ raj Tom Tm McClelland McCleland when he said To hell hel with the C Constitution tion ton No sir Or with Sherman Bell when he said To hell hel with habeas corpus well corpus wel corus well we'll give em post-mortems post No sir But you heard of ot these statements Yes sir Naylor declared he had nothing to do with wih the actual deportation of union miners from Cripple Creek although he made many arrests some se of the miners so arrested being men of families Naylor Kalor said he succeeded Michael Conners Conners Con- Con ners tiers as Marshal of ot Victor Co ColAnd ColAnd Col And n you were e appointed nt b because lot eh db f Yo your well known n I hatred and d animosity s toward the Western Vester Federation of ot Min Mm- ers declared Richardson I dont don't know that I was wa Naylor was asked aked as to the character of various men who served under him as Marshal Marsha s among them h Kid ld Waters Jim f Warlord Warford Jack Bowman w and others j questions as to whether or not these men were known as professional gun gunmen gunmen men Aen we were e ruled out out by Judge Wood Didn't Didt Know Orchard Attorney Richardson developed the fact however that Warford is noW nov in the penitentiary Naylor denied ever having known Tom Tony Hogan or Harry Hary Orchard Mr Richardson here indicated the purpose purpose pur pur- pose of the defense to attempt further to connect the Mine Owners' Owners association with the outrages in Cripple Creek this time with wih the Independence depot explosion ex cx- x- x to which which- Orchard has ha confessed on the stand Implicating Steve Adams The attorney wanted to know If I Naylor had not attended a meeting with Orchard Orchard Orchard ard and others at Victor the evening of ot June 5 5 1904 and if it he had not informed the militia to be ready that ready that something m tro beh Kt was going to happen denied denie that he had a ever attended te any such sch c meetIng meet meet- ee rl lug Ing and said a the militia was wa's was not on duty at the time But you OU were anxious to get the i militia mitia back weren't you I No sir there thero alt 1 no o reason to have them there Richardson next attempted to show that as Major of mita militia Naylor took all al of his orders front from the Mine Owners Owners' OwnErs OwnErs' association but bt t b the witness iness declared he knew of no orders orders coming from the association at any time Ume Peabody Enters Room Loom Former Gov Peabody who was In office at ri at the time of the Cripple Creek disturbances disturbances disturb disturb- s g ances entered the courtroom while MaJ Naylor Kaylor was s under crOss cross He Heas was as accompanied by his wife and daugh daugh- ter They were seated In Inside the bat bar a few feet behind Haywood Naylor said ai the troops were ere ordered Into Cripple Creek September 4 4 1903 but there was no disorder until November November 15 16 when the spike pulling matter or alleged attempt to wreck a Florence Cripple Creek train came up Naylor said he heard beard about the looting of ot union stores by soldiers soldier but he had nothing lt g gI to do with it 1 in fact a tile the 11 b body of the I militia was not t on ditty t at t tine the 1 time time the the local company was the only body of oC soldiers In the territory territory- Some of these soldiers Naylor added were blown up on the p platform of at the tine Independence Independence Inde hide depot i 1 After ACtEr the union men were deported from Cripple Creek Creek asked aked Richardson did you wear one of those buttons which read rEa They cant can't come coma back No sir Did you sing the song that ended up that way No sir I never ne heard of ot the pong song Senator Borah q questioned the witness briefly on redirect winess Do you ou wear or have hae you ou worn he wor began a button entitled I 1 am one of ot the citizens citizens' Depot Explosion No No sir said Naylor with a smile smie Ive never seen one of those I Maybe he doesn't ne need d one chimed In Attorney Darrow of the defense But there are others who do re retorted retorted re- re Senator Sentor Borah Well VeU then maybe wed we'd better get him one drawled barrow Darrow Darow Naylor said he made an Investigation of oC the blowing up of ot the Independence de de- de pot where fourteen Courteen men were killed kUe The only clues cues he found were a wire and a chair round to which ono one end of ot the wire was attached The wire led some Iome dis die die- tance tace up a n side aide track from the depot On lon Richardson wanted to know If it I Clarence secretary sec sac sc- sc Ig the im time of the did g not Mine r start t Owners Owners' nt the riot association at lag Cripple p at Creek tile day f the Independence depot dEpot explosion I lg by a spee speech h in which tl he urged f. f tho people to d drive the tho Western Federation Federa Federa- tion ton men out of oC tho the district Na Naylor lor said saimi he heard nothing of tine the thE sort Bort lort th that t Ham Ham- Rail Hn lin In had spoken only three minutes when the shooting began Storm Stor of ot Bullets Bulet And then |
