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 !

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 !

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 !

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 !