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d’Alene in 1899 to escape imprison
ment in the bullpen.
It is to be admitted by the defence
that Orchard, a member of the West
ern Federation, visited headquarters
and was given the same treatment
that was accorded to other members
of the union. His relations with
Pettibone were also admitted, except
that there was ever any plot or con
spiracy to kill any one or destroy
anybody’s property.
After Darrow closed, witness aft
er witness, members of the Western
Federation of Miners, as well as
men who have never been members
of any labor union, took the stand
day after day and tore Orchard’s
evidence to shreds.
Here, for instance, is the testi
mony of W. B. Easterly, the union
secretary, whom Orchard accus°d of
being a dynamiter in Cripple Creek.
Easterly frankly admits that he
carried a six-shooter when he went
into Victor the day of the riot, and
that after he fled from the Citizens’
Alliance and mine owners’ deputies
he hiked to his cabin and got his
shotgun. In the course of the long
examination Easterly was called up
on frequently to deny the assertions
of Orchard that he had vouched for
Orchard in headquarters, or he had
gone with Orchard and helped to
blow up the Vindicator mine. He
tells that Orchard threatened to kill
Steunenberg, and Senator Borah got
after him pretty hot on his neglect
to inform the authorities when he
learned that Orchard was in Cald
well.
*‘l was not an informer along that
line,” was Easterly’s reply, “and
besides, I did not know that Steun
enberg lived in Caldwell. I did not
think anything of nor recall Or
chard’s threats till after he was ar
rested and confessed, implicating
Haywood, Moyer, Pettibone and oth
ers.”
Important also is the testimony of
Joe Scholtz, a Ciipple Creek miner,
who says that he was in the midst of
the Colorado troubles, but did not
know Orchard. Orchard said that
Scholtz went with him to blow up
the Vindicator mine, but the other
day, when this Joe Scholtz stood up
in the courtroom, the State’s witness
declared he was not the man.
Thomas Wood, a non-unionist, who
entered the Vindicator mine as a
timberman after the strike began,
swears that the night before the ex
plosion he placed a box containing
twenty-five pounds of giant powder
at the shaft of the eighth level. He
saw the powder the next morning
shortly after 10 o’clock, and a few
minutes later Superintendent Mc-
Cormick and Foreman Beck came to
the eighth level. They remained but
a short time, and left to go to the
sixth level, where they were killed.
Wood swore that when he reached
the shaft twenty minutes later th*
powder was gone, and it was a reas
onable inference that McCormick and
Beck took it with them.
Wood testified that he had seen a
revolver in Beck’s pocket, that the
fragments of only one revolver were
found in the sixth level, and that
the bodies of McCormick and Beck
were blown apart, indicating that the
explosion had occurred between them.
Orchard said that he fixed a re-
volver with a wire attached so that
when the safety bar was raised, it
would send a bullet into the giant
powder he had placed. One witness
for the State has sworn that he later
found a wire attached to the safe*y
bar, but Wood said that he careful
ly examined the safety bar, and found
nothing attached to it.
C. D. Copley swears that he heard
Orchard tell of the loss of the Her
cules mine, and threatening to kill
Steunenberg for it. And this is but
one day’s result of the assault on
Orchard’s story.
W. F. “Bill” Davis, who, Orchard
swore, led 1,000 miners from the
canyons of the Coeur d’Alenes to
Wardner, Idaho, on April 29, 1899,
and dynamited the Bunker Hill-Sul
lian mill; who, in Cripple Creek, he
declared, offered him SSOO to blow up
the Vindicator mine, and told him
of plans to wreck trains filled with
non-union men; who, he asserted,
suggested the blowing up of the In
dependence railroad station—this
same “Bill” Davis held the atten
tion of every person in the courF
room for two hours of the Haywood
trial.
Davis testified:
“I was not a member of the un
ion when the mill was blown up,”
he said. He had never met Orchard
in the Coeur d’Alenes. The first
time he saw him was in May, 190?,
in a union hall in Cripple Creek.
Orchard said he had been a member
of the union and, although he had
no card, the union took him in. Dav
is was soon elected president of the
union. Then came the sympathetic
strike in August, 1903, soon followed
by the arrival of troops. Davis was
chairman of the Strike Committee.
Soon after the strike began he encoun
tered Orchard in the union hall
while the subject of the deportations
• of miners from Idaho Springs, Colo.,
was being discussed.
Orchard, he testified, said Gov.
Peabody was acting like Gov. Steun
enberg, and he proposed to “get”
Steunenberg and Sinclair, former
Idaho Secretary of State, some time.
Davis told how the unions went out
of business in Cripple Creek the day
after the Independence explosion.
He was in Denver attending the Fed
eration convention at the time. He
left Denver for Wyoming, and met
Orchard at John Neville’s home in
Cheyenne. He worked in Wyoming
for several months under his assumed
name. He emphatically denied that
he had ever offered Orchard any
money at any time to commit vio
lence, and declared that he knew
nothing about the Vindicator mine
explosion or the train wrecking until
after they had occurred.
John M. O’Neill editor of the
Miners’ Magazine, testified that the
periodical reflected the opinions of
the Federation, that Haywood had
little to do with it, and that he
(O’Neill) was responsible for the ed
itorials and comment for the past
five years. He saw Orchard two or
three time? at headquarters. The
last time was in January, when Or
chard entered his office and asked
for the addresses of Gov. Peabody
and Sherman Bell. O’Neill referred
him to the city directory. Orchard,
he testified, went out saying:
“They ought to be bumped off.”
WATSON’S WEEKLY JEFFERSONIAN.
Czar Accused.
The Social Revolutionist and La
bor members of the late Duma, num
bering 139 deputies, issued at St.
Petersburg a manifesto remarkable
because for the first time the Em
peror is attacked by name for breach
of faith. Heretofore all the sins
against the people have been laid to
the government.
“Citizens: You sent us to fight
for freedom, for the rights of the
people, for land and liberty. The
Duma majority was in opposition.
It rejected laws increasing the power
of the government bureaucrats, it de
manded an accounting of repressions
of peasants and workingmen and of
bestialities in prisons; its commit
tees elaborated many laws and pro
jects covering the most important
needs of the people, and its Agrarian
Commission accepted the principle of
the compulsory expropriation of
land.
“The Radical Deputies made ev
ery effort to keep in touch with the
people, but the government used un
precedented measures to prevent this.
Our letters to the electors .were con
fiscated, our messengers frequently
were arrested, our papers were stop
ped and the editors who were mem
bers of the Duma are now to be pros
ecuted.
“The Government dissolved the
Duma because it needs an obedient
Duma which will support the inter
ests of the aristocrats.
“The Emperor did not hesitate to
violate his proclamation of October
30, the Fundamental Laws and his
solemn promise given at the Winter
Palace to the Deputies of the first
Duma to defend the liberties grant
ed to the people. He announced be
fore the whole peopl that the Elec
tion law would only be modified with
the assent of the Duma, but now,
without the permission of the Du
ma, the people’s rights are trampled
upon and the Government, relying
on bayonets, openly pursue a course
of forcible violation of the law,
“The new election law limits the
rights of the peasants and working
men and increases th<lse of the land
owners and merchants. The repre
sentation of Siberia, the Caucasus
and Poland is decreased and some
parts of the country are disfran
chised, while the Minister of the In
terior and the Governors are given
great powers to manipulate elec
tions. The third Duma will not in
clude defenders of the interests of
the proletariat.”
Guns Turned on Lords.
Premier Campbell-Bannerman of
fered in the House of Commons at
London, his resolution curtailing the
power of the House of Lords:
“That in order to give effect to
the will of the people as expressed
by their elected representatives, it
is necessary that the power of the
other House to alter or reject bills
passed by this House should be so
restricted by law as to secure that
within the limits of a single Parlia
ment the final decision of the House
of Commons shall prevail.”
A Tennement House Collapses.
In the collapse of a ramshackle,
four-story brick building at the cor
ner of Walker and Lafayette streets,
New York City, seven Italians were
killed,
.tfji Mb.,-—. M. w—- L .
Reform the Watchword.
The Georgia Legislature began its
opening session promptly at 10
o’clock last Wednesday morning.
Senator John W. Akin was elected
president of the senate, and John M.
Slaton, of Fulton, speaker of the
house. Many reform measures will
be introduced.
Tn his message, Hon. Joseph M.
Terrell, the retiring governor, spoke
of the last four years as the most
prosperous in the history of the state.
In a comparative table of figures he
shows that the taxable values of the
state have increased on an average
of .$40,000,000 a year since 1902.
Governor Terrell devotes consider
able space to the subject of taxation,
in which he calls attention to thp
fact that the laws upon this subject
are substantially the same as they*
were a century ago and do not afford
ample machinery for enforcing the
advalorem requirement of the Con
stitution, such as the honest tax
payer is entitled to receive from the
state.
Our first Constitution was more
liberal to education than the present
one in the opinion of Governor Ter
rell. He recommends an amendment
which will permit of appropriations
in assistance of high schools. He
advocates larger funds for public
schools and more liberal salaries to
teachers, and insists that one of the
gretaest evils is the failure of the
present law to provide for their
prompt payment. He says that either
a reserve fund must be held in the
treasury or the scholastic year must
be changed from the calendar year
to extend from September 1 to Au
gust 31. He recommends that the
first eight months of 1908 be consti
tuted a special school year, and the
two and a half months’ support be
provided by appropriating special
taxes.
The governor recommends that the
State School of Agriculture receive
an increase in the appropriation of
$35,000 annually. He also recom
mends an increase in the apprepria
tion to the State Normal Sch 01, and
that some needed improvements be
made. He also advocates that the
legislature pass an amendment where
by the legislature may relieve col
lege endowments from taxation.
The proposed law creating a state
board of examiners for trained nurs
es meets the approval of the gover
nor. He asks that pension claims
be considered at once.
Judge Loving Acquitted.
After being in the jury-room forty
five minutes, the jury last Saturday
evening returned a verdict of “not
guilty” in the case of former Judge
William G. Loving. Judge Loving
shot and killed Tlieodore Estes, son
of Sheriff M. K. Estes, of Nelson
county, Virginia, on April 22, at
Oakridge, following a buggy ride Es
tes had taken with the judge’s
daughter, Miss Elizabeth Loving,
who told her father that her escort
had drugged and assaulted her. The
plea for the defense was “the
unwritten law.” On this point at
torneys Moore and Lee for the de
fense spoke as follows:
Mr. Moore said: “You would not
raise the moral standard or elevate
the womanhood of Virginia by con
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