Morning Oregonian., July 13, 1907, Page 5, Image 5

THE MORNING OREGONIAN, SATURDAY, JULY 13, 1907.
HAYWOOD
UNDER
FIRE FROM BORAH
(Continued from First Fftpre.)
buying a horse and bUKgy for Orchard to
go out on killing expeditions with?"
"No air. never."
Orchard came one day to headquarters
In a buggy with a colored man and said
George Pettibone wanted to know If he
could trade the rig for a gray mare which
the Federation owned one of the 19
horses which had been used In distribut
ing relief in the Cripple Creek district.
Pettibone was anxious to match the mare
for one of his delivery wagons.
Never Talked of Killing.
The witness denied severally and posi
tively that he had talked to Orchard or
planned with him the killing of Sherman
Bell, Governor Peabody, James H. Kern,
David Moffat or Judges Goddard and Gab
bert. He declared that Orchard's story
on the witness stand was the first he had
heard of the matter.
Haywood first met Steve Adams in
1D02. He said the $75 he sent to Adams at
Osden, when the latter wired lie was in
jail there, was his (Haywood's) own
money. Adams had been out prospecting
and had stated on leaving Denver that If
he struck anything he would locate Hay
wood. During 1904, Steve Adams was at head
quarters several times. He said he had
been to the "tall timber." Adams and
his wife were both drawing strike relief
at this time.
"Did you ever give or Bend him any
money other than the $75 you have testi
fied to?"
"No, sir."
"Did you ever get your $75 back?"
"No, sir. At Cripple Creek Adams and
Minster, who went West with him. said
they would settle up as soon as the strike
was over."
Adams and his wife left Colorado in the
Spring of 1905. Haywood said that some
time later he received a letter from Mrs.
Adams, saying she and Steve had located
a homestead in Oregon. They expected to
do well, but needed a little temporary re
lief, promising to pay it back In butter
and eggs. Thirty dollars was sent to
them. The next he heard of Steve Adams
was when the latter was arrested.
Ignorant of Steunenberg Plot.
As to the letter he wrote to Harry
Orchard's wife, November 18, 1905, Hay
wood said his note was In reply to one
from Mrs. Orchard, inquiring as to her
husband's whereabouts. He told her all
-he knew about Orchard. He had no way
of knowing where Orchard was except as
the latter had told him his plans for go
ing to Alaska. Haywood said he did not
care to tell Mrs. Orchard what her hus
band had said as to his determination not
to return to her.
Haywood declared he knew absolutely
nothing of any plot against Governor
Steunenberg.
"I don't know that I had thought of
him after I left the State of Idaho."
"Had Governor Steunenberg ever tried
to get back Into politics?"
"No, sir."
"Had he shown any disposition to be
come active in mining matters?"
"No, sir."
The first Haywood heard of the assas
sination was In the newspapers, which
said the crime was the culmination
of the troubles in the Coeur d'Alenes.
The papers also reported that a union
card had been found in the effects of
Thomas Hogan, who had been arrested on
suspicion.
At miners' headquarters there was con
siderable speculation as to who Hogan
was. the consensus of opinion being that
It was Orchard, who had used that name
In leaving Cripple Creek to seek employ
ment elsewhere. The first definite Infor
mation came In the cipher telegram from
Simpklns which was translated at first
"Can I get counsel for Hogan," but was
afterward corrected to read, "Cannot get
counsel for Hogan."
That $100 He Sent Simpklns.
Haywood's explanation of sending the
$100 draft to Jack Simpklns on Decem
ber 21, 1905, was as follows:
, "Simpklns came to Denver early In De
cember to attend the meeting of the ex
ecutive board. He drew $231.50 per diem
and traveling expenses while there. Cash
ing a check for this, he gave Haywood
$100 and asked him to forward it to Spo
kane some time before Christmas. Simp
kins said he was going on a trip and did
not want to take all the money with him.
Haywood said he could not remember
wetber he bought the draft and mailed
it or whether one of the federation sten
ographers attended to the matter."
The witness said he had not seen Simp
kins since the executive board meeting.
When the matter of employing counsel
for Orchard and to look after the inter
ests of the organization first came up,
Haywood said he and Moyer consulted
with General Counsel Murphy, who ad
vised going very slowly In the matter.
After considering the subject for a day or
two, Mr. Murphy advised the employment
of Mr. Nugent. The defense offered in
evidence a letter written by Mr. Mur.
phy to Mr. Nugent, but it was ruled
out by Judge Wood on the ground
of immateriality. An exception was
noted. Haywood went into the details
of the final employment of Mr. Fred
Miller, of Spokane, "Wash., to defend Or
chard. At this time Mr. Crump, who
had represented the Mlneowners' Asso
ciation of -Colorado In fights against the
Western Federation of Miners, had been
called Into the case by the other side.
"What was the first you knew of any
Intention to arrest you In conectlon with
the murder?"
"When I was arrested."
The witness then related the 'story of
his arrest, the denial of a right to consult
counsel and the trip to Boise on a special
train in charge of General Bulkley Wells,
a member of the Mlneowners' Associa
tion. When first brought to Boise the
prisoners were taken to the State Peni
tentiary, being later removed to the
County Jail at Caldwell.
Haywood said he was Indicted for in
citing to riot at Victor following the Inde
pendence depot explosion. He was In Den
ver at the time. The case never came to
trial, a nolle prosequi being entered by
District Attorney C. C. Hamlin, who, prior
to his election, had been secretary of the
Mineowners' Association.
Feeling Against Steunenberg.
This ended the direct examination and
Mr. Borah began to cross-question
the prisoner-witness.
He dwelt upon the interest that the
miners at Silver City, Idaho, took in the
Coeur d'Alene troubles. Haywood said a
committee was sent from Silver City to
Northern Idaho at the time.
"The Western Federation of Miners
came to think of Governor Steunenberg
as a pronounced opponent of organized
labor?" questioned Mr. Borah.
"I believe so: yes, sir."
"But prior to this trouble he was re
garded as a friend?"
"I think so: he was at one time an
honorary member of a local union."
"The federation afterward regarded
him as a friend of capital and as swayed
by capitalistic influences, and I suppose
you Joined in this view?"
"Yes, sir; as an officer I did."
"Did the Miners' Magazine reflect your
views as well as those of the organiza
tion?" "Sometimes."
"It reflected your views as to the Coeur
d'Alenes?"
"In some Instances it did. I did not
approve or the Dun-pen, or the permit
system, or of the Indignities upon the
did not regard him in any other light
than I do you. Senator, or Bartlett Sin
clair, or any others who are concerned."
"I have understood that." replied
Mr. Borah, who then questioned the wit
ness as to the article which appeared in
the Miners' Magazine at the time Gover
nor Steunenberg left office and entitled
"The Passing of Governor Steunenberg."
The article declared in conclusion that
when Steunenberg's epitaph should come
to be read It would read:
"Here lies a hireling and a traitor."
"Did that article reflect your views and
those of the federation?"
"As to the Governor's official acts it
did," replied Haywood, who added that
the article was directed against Steunen
berg as a state official and not as a man.
"There were many others who felt the
same way about Governor Steunenberg,"
the witness went on.
"The Lieutenant-Governor who served'
under Steunenberg wrote an article which
was much stronger than this."
"Warning to Nonunion Miners.
The witness was taken through a long
line of questioning as to Jack Simpklns.
developing the fact that whereas Simp
klns disappeared more than a year ago,
he is still continued as a member of the
executive board of the Federation. When
in Denver in December, 1906, Simpklns
said nothing of having seen Orchard In
Caldwell, Idaho. Mr. Borah asked
Haywood about the posting of certain no
tices in the Cripple Creek district In 1901.
One of these read:
"Hence take notice that on and after
September 15, 1901, anyone working In the
mines, mills and power plant of the
Cripple Creek district who Is unable to
produce a card of membership In the
Western Federation of Miners will be re
garded as an enemy to himself and to
the community at large and will be treat
ed as such."
Haywood said, in explanation of this,
that there was a movement on foot to
reduce wages throughout the district. A
second notice called the attention of the
miners to the fact that September 15
was near at hand; that the time
of grace had about expired, and that all
who were not for the union must be
against it. There could be no middle
ground.
"So." said Mr. Borah, "the West
ern Federation of Minero had a permit
system of its own, and no one could work
where it was in control unless he had a
union card?"
"No, sir; a man could go to work any
where without a card, but we expected
him to Join the union If he wanted any
of the benefits which accrued from mem
bership in it."
Made Governor Grant AVecp.
Haywood .was questioned closely as
to his appearance before a committee
of the State Senate in Denver to argue
on the eight-hour law. Haywood said
he spoke his mind very freely to the
representatives of the capitalistic class
who were present. Including Frank J.
Hearn, of the Colorado Fuel & Iron
Company, and ex-Governor Grant.
"1 compared the palace in which Gov
ernor Grant lived to the huts of some
of the smeltermen, and I did It so vivid
ly that tears rolled down- Governor
Grant's cheeks and he said he was
going to leave the Btate. I told the
men present that it was such influences
as they represented that corrupted
Legislatures and courts."
"And you referred to the court of
which Judges Gabbert and Goddard
were members?"
"I referred to the Supreme Court."
"And you regarded Judges Gabbert
and GoddaTd as representative of the
corrupt corporation Influences?"
"I would not like to say that per
sonally.' Mr. Borah complained at one
point during the examination that the
witness was endeavoring to evade a
direct answer. Haywood disclaimed
this and declared he was ready and
willing to answer any and all questions
to the best of his ability.
Denies Visiting Orchard.
After recess, Mr. Borah questioned
Haywood as to his various meetings with
Orchard. The witness said he knew abso
lutely nothing of Orchard's whereabouts
from the time of the Independence depot
explosion, June 6. 1904, until he came to
headquarters In Denver in January, 1905.
Haywood could not recall ever having
met Orchard in company with Mrs. Lottie
Day at the Belmont lodging-house In
Denver and declared positively that he
did not at this time or any other time
enter Harry Orchard's room. Mrs. Day,
a witness for the defense, told onv cross
examination of the incident which Hay
wood denied. Within a few days after
the Independence depot explosion, Hay
wood said the papers began to connect
Harry Orchard's name with the affair.
They commented upon the fact that he
Ihad left Cripple Creek and gone to
Wyoming.
"The papers seemed to know where he
had gone," said the witness.
"Did you?" asked Mr. Borah.
"No, sir."
Concealed Truth From Mrs. Orchard
"Did you ever meet Mrs. Harry Or
chard?" "Yes, sir, I met her at headquarters."
"How many times was she there?"
"I can't say."
"In your letter to Mrs. Orchard, you
said that the last Information you got as
to Orchard's whereabouts was from
Alaska?"
"Yes, sir."
"And the only information you had was
his statement that he thought of going
to Alaska?"
"Yes, sir."
"And your reason for saying what you
did was because you didn't want to
convey to her the real facts that were in
your possession?"
"Yea, sir, I think that was It."
"Did you ever talk to Harry Orchard In
any way about Governor Steunenberg?"
"I don't think I ever did."
"Did you ever hear Orchard make any
threats against Governor Steunenberg?"
"I don't think I ever did."
"You had no knowledge of any personal
enmity Orchard may have had toward
Steunenberg?"
"No, sir."
Xo Inquiry Into Orchard's Guilt,
Before employing an attorney to defend
Orchard, Haywood said the organization
did nothing to discover what Orchard had
been doing prior to the murder of
Steunenberg. Neither was there an in
vestigation to determine the man's guilt
or innocence. The Federation officials
went over the transcript of the evidence
at the preliminary hearing before finally
engaging Fred Miller and paying him
$1500. Orchard made no request to be
furnished an attorney.
"The second telegram you sent to Idaho
as to the employment of counsel, saying
the Western Federation of Miners de
fended no man guilty of crime, but In
the past had found that all of its accused
members were innocent and would have
been the victims of a conspiracy unless
the Federation had come to their assist
ance; was that telegram given out to
the Associated Press at the time It was
sent?''
"It was given to the press, yes, sir."
"When did the Federation cease to de
fend Harry Orchard?"
"I can't say exactly as to that. Sena
tor, but I think It was when Attorney
Miller came here to Boise and was told
that Orchard had no further use for his
services. Mr. Miller made no report to
me about that." '
"Did you know that Orchard was in
the Coeur d'Alenes with Jack Simpklns
In the Fall of 1905?"
"No, sir."
"Did you ever discuss with George A.
Pettibone the whereabouts of Orchard V'
"No, sir."
"Did you ever tell Pettibone you had
sent Simpklns a draft for $100?"
No, sir.
and you sent him a Federation draft on
December 21, 1905?"
"Not a Federation draft, no, sir. Tou
have the draft,"
"It is signed by you as secretary-treasurer."
'
"Yes, sir."
This ended the cross-examination.
On redirect. Haywood said he had an
impression that he had heard Orchard
speak of having once owned an Interest
in the Hercules mine.
"But I have heard so many tales of
woe since I have been secretary of the
Federation, I can't say positively about
Orchard," he added.
In all of his acts in connection with the
defense of Orchard the witness said he
first consulted with Mr. Murphy.
Mr. Borah on re-cross-examination
asked:
"Did Attorney Miller, when he came
to Denver, say he had been sent by Simp
klns to defend Orchard, explain to you
why Simpklns sent a telegram on Janu
ary 4, saying he could not get a lawyer
when as a matter of fact Miller had left
for Caldwell on January 3?"
"No, sir."
Haywood said he had no way of know
ing whether Simpkins knew tTiat Miller
had really gone.
This completed Haywood's testimony
and court adjourned until tomorrow
morning at 9 o'clock.
May Bo Ferjury Charges.
It is believed that there are Bensational
developments in store. Both sides are
threatening perjury proceedings against
certain witnesses and -both sides maintain
that in the rebuttal and Bur-rebuttal
much matter altogether unexpected will
be brought out.
Judge Fremont Wood Is now Inclined
to limit the evidence to what Is actually
material to the case. He has given both
sides an extremely wide latitude, but he
has informed counsel for both Bides that
after the direct testimony for the defense
is all In, he will limit them to the mate
rial facts in the case.
DEFEND Ml STEVENS
i
CABLE FOR MINES RUSHED
FROM PORTSMOUTH FORTS.
Sudden' Diversion of Material Shows
Haste to Fortify Pacific ,
Coast Points.
PORTSMOUTH, N. H., July 12. (Spe
cial.) The sudden changes in the plans
of the War Department at Portsmouth
Harbor is a chance for another guess
on the international protection of the
Pacific Coast. For the past month 90
miles of cable have been arriving here
from Bayonne, N. J., to be used In the
mining of Portsmouth Harbor and a
torpedo company was later expected to
come there to place it,
Now comes further evidence t the
War Department's activity, when a rush
order was received here a few days ago
to hurry a shipment of part of this cable
to the district artillery engineer at Fort
Stevens, Oregon. The cable was to be
used in the mining of the harbor off
Forts Foster, Stark and Constitution.
HEN ATTEMPT HOLD-UP
Foiled by Engineer's Pluck and
Caught After Auto Chase.
NEW YORK. N. Y., July 12. A dur
ing attempt to hold up and rob a freight
train on the Pennsylvania Road at
Rahway, N. J., yesterday was frus
trated by Engineer William R. Law
rence. The would-be robbers, four
negroes, were captured after an auto
mobile chase. The freight train was
approaching Rahway, when the engi
neer saw a signal to stop. When he did
so, he was surprised to see four negroes
jump from behind a clump of bushes
and climb on board. One of the men
boarded the engine while the other
three got on the train. The negro on
the engine ordered that one car be un
coupled from the train and left be-
AN IDEA FOR
BACHELORS
MEN WHO ENJOY MUSIC WILL
FIND CLEVER WINDOW
DISPLAY AT EILERS
Reproduction of Typical Den, With
the Article of Furniture Most Need
ed for Genuine Entertainment Prom
inently Included.
The single man finds pleasure in his
club, the theaters, yachting, golfing, and
In many other ways, but it is his place
of rest his "home" where, after all, he
finds his greatest enjoyment, surrounded
by his books, his trophies of the hunt, his
pictures, where he can enjoy the comfort
of his pipe to his heart's content. Per
haps, however, his greatest enjoyment of
all is found in his piano the Pianola
Piano, which any man can play, regard
less of musical training and a den thus
supplied will prove a hundred times more
attractive than the one without.
Men like music, as a rule, but few men
are able to play. Here, then, may be ap
preciated what a great boon Is provided
in an instrument like the Pianola Piano,
upon which may be reproduced any one
of nearly twenty thousand selections em
braced in the Pianola Musical Library,
which may be played by any one with as
much artistic skill as Paderewski. Ro
senthal. Hofmann. or any one of the
world's great artists would command.
The display now occupying the corner
window of Eilers Piano House, at Wash
ington and Park streets, is worthy of no
tice, not only by the bachelors, but by
the public in general. It would be a good
idea, also, to ask Eilers Piano House
for descriptive literature, telling all about
the. Pianola Piano. In this grand instru
ment there awaits for the musio. lover
endless pleasure. It makes a finished
player out of the untaught, it opens wide
the door to a treasure house of melody,
and whether It be in the bachelor's den,
the family domain, or the quarters of the
bachelor-girl, it will prove equally satis
fying as a source of entertainment. Gen
uine Pianola Pianos may be purchased
for as low as $500, and the outside Pianola
Player, which will convert any "silent"
piano into one of practical usefulness,
may be purchased for as low as $250.
These incomparable Pianola Pianos and
Pianola Players are sold only by Eilers
Piano House throughout the Pacific
Northwest. "Music in the Home" is the
title of an interesting little brochure,
handsomely illustrated and entertainingly
written, which is worth sending for, and
it will be forwarded to any one upon re
quest by Eilers Piano House.
hind to be ransacked by them. He
threatened there would be trouble if
the order was not complied with.
Realizing that a fast express train
would be along in a few minutes, the
engineer grasped the throttle and set
the train going at full speed, whllo
the negro looked on in amazement.
Twice the men endeavored to Jump
from the train, but fear of being dashed
to death prevented them and they hung
on until the train reached the freight
yards of the company at Waverly,
12 miles away.
There the men fled into the coun
try, but some policemen who were no
tified pressed an automobile Into serv
ice and the negroes were soon over
taken and arrested. They gave their
names as Joe Wilson, John Johnson,
Norman Tobin and Florence Davis, all
of Philadelphia.
Ten Years for Criminal Operation.
BAKER CITY, Or., July 12. Dr. Roy
Fuller, who was last Saturday
convicted on a charge of man
slaughter, was sentenced by Judge
William Smith to serve ten years in
the state penitentiary and to pay a fine
of $2000. He was charged with hav
ing performed a criminal operation on
one Mrs. Dave Gover, which proved
fatal.
Eight Pittsburg Trains Daily.
From Chicago over the Pennsylvania
Short Line. "The Pittsburg Special"
leaves Chicago at 8 P. M., breakfast in
dining-car; in Pittsburg before business
begins. Sleeping-car space reserved on
application to Kollock, 246 Stark street,
Portland, Or.
aturda
v
mm
secia.
Crystal
Water Set
Consisting of one pitcher
and six tumblers.
REGULAR VALUE $1.50
y'liiiijw
DEFENSE OF HOME
Plea on Which Mrs. Bowie and
Son Are Acquitted.
KILLED GIRL'S BETRAYER
Congressman Mudd Successfully
Pleads Unwritten Law and
Maryland Jury Finds Ver
dict In Few Minutes.
LA PLATTA, Md., July 12. Five min
utes after retiring, a verdict of acquittal
was returned by the Jury in the case of
Mrs. Bowie and her son, who were tried
for the murder of Hubert Posey. The
case was given to the Jury at 12:25 P. M.,
and the court then took a recess.
State's Attorney Wllmer's statement
last evening that the prosecution would
be satisfied with a verdict of manslaugh
ter was a surprise and was met by the
demand of ex-State Senator Posey, for
the defense, that the Jury either acquit
or find accused guilty of murder.
Congressman Mudd, of counsel for the
defense, in his address to the Jury, dis
claimed belief In the insanity of Mrs.
Bowie or her son, though he declared
that under the circumstances they should
not be held responsible, mentally or le
gally, for having killed Posey when he
had refused to marry Mrs. Bowie's
daughter after betraying her. He said:
"The family in this land of ours is the
nucleus and the nursery of the common
wealth. The protection of the sanctity
of the family ties, the chastity of women,
the development and maintenance of a
salutary and exalted honor for the
mother, the sister and the daughter be
comes, therefore, a natural and essential
feature of the law in this land. In near
ly every state of this country there will
be found an exemplification and recogni
tion of this fact and an adoption of this
doctrine. It Is in this sense that I con
fidently claim the protection of what I
have called the 'unwritten law' as an
adequate defense for the defendants."
Trafric Director in the Oity.
W. W. Broughton, of St. Paul, traffic
director of the Great Northern, was In
Portland yesterday. Mr. Broughton came
West to attend the Joint rate hearing
at Olympla, where he appeared last Wed
nesday as one of the witnesses at the
closing session, testifying as to a Joint
rate agreement betwen the Great North
ern and the Spokane & Inland.
Mrs. llarubleton Pleads Not Guilty.
BAKER CITY, Or., July 12. Mrs. J.
W. Hambleton, who last Sunday morn-;
lng shot and killed her husband, Jack
Hambleton, at the latter's ranch near
Pleasant Valley, Tuesday was charged
with murder in the first degree and later
entered a plea of not guilty. Her attor
ney is Charles F. Hyde, city attorney.
The date of the trial has not been set.
Blamed for Dcutli of Two Men.
COLFAX, Wash., July 12. Coroner D.
B. Crawford's Jury decided that Richard
Palls and Sam Guarasci. Italians,
were killed July 9 by a Spokane Inland
construction blast, near Palouse, through
the carelessness of the foreman. Two
hundred sticks of dynamite exploded. The
bodies were blown to pieces. Palls has
check for $600 in currency.
FOR TORPID LIVER
Take Horaford's Add Phosphate
Tt stimulates healthy liver activity, relieves
constipation, slrk hftrtarhe atifl malaria.
The Biggest Bargains Ever Assembled in Portland Are in this
Today's
Hourly Sales
8:30 A. M. Dressing Sacques
to Regular' 75c value,
. 9:00 A. M. 15 2 for 25.
9:00 A. M. Long Spring Coats
to $7.50 and $10.00 values,
10:00 A. M. $1.95.
10:00 A. M. White Linen Wash Skirts
to Values up to $7.50,
11:00 A. M. $2.95.
11:00 A. M. Heather Bloom Petticoats
to Regular $3.50 value.
12:00 M. $1.75.
12:00 M. Muslin Drawers
to Values up to 75c. 4
1:00 P. M. 29.
100 P. M. Serge Box Coats
to , Values up to $27.50.
2:0O P. M. $7.95.
2:0O P. M. Lawn Suits
to Values up to $8.50.
3:00 P.M. $2.00.
It's our fixed determination never to carry goods , of a
given season over to another sea"son. "We find various de
partments loaded with merchandise that by this time should
be in your hands. "When Fall opens we will not have a dol
lar's -worth of Summer Goods in stock everything must be
strictly fresh. Meantime, you've one of the opportunities of
your life for effective money-saving.
All Day Extra Specials
SILK DRESSES, values Q
up to $50 PA6,
See Our "Windows.
SKIRTS
Black, Blue, Gray and Brown
Panamas, $10.00 values,
$3.25
Extra size -Skirts, in black,
blue and gray; values up to
$10.00
$3.95
Continuation of the Great Sale of Beach
and Autumn Hats, 98c
Although we were completely sold up' on these clever Hats
yesterday, we have prepared another splendid lot for Sat
urday's selling. Large Burnt Straw Shade Hats, mushroom
and sailor shapes, all trimmed with drapes and rosettes of
mull; some with quills, etc. There is no
profit in them for us, but we want you all tf.
to have one of these splendid Hats, so
secure 'one today for K, Jr
White Wash Suits
Values up to $22.50 C&yfl OCT!
Today only Cp"5r O
Today's
Hourly Sales
3:00 P. M. Waists
to Values up to $10.00. (
4:00 P. M. $3.35.
4:00 P. M. Mull Dresses
to In Pink, Blue, Gray and "White.
5:00 P. M. Values up to $16.50. $5.75.
5:00 P. M. Waists
to Values up to $2.50.
6:00 P. M. 95.
6:00 P.M. Muslin Underskirts
to Regular $2.00 value.
7:00 P. M. S1.10.
7:00 P. M. Wool Skirts
to Values up to $5.00.
8:00 P. M. 75.
8:00 P. M. Fancy White Hose
to Regular 65c value.
9 00 P. M. 25.
9:0O P. M Gowns
to The New Slipover.
' 9:30 P.M. Re'gulaf $1.25 value. 79.
Wholesale
and Retail
cJJo
M
ACHESON
C
O
Fifth and
Alder