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THe Commoner.
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VOLUME 7, NUMBER 17
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TRIAL OF MOYER
AND
Tho trial or William D. Haywood, charged
with tho' murder of Governor Steunenberg of
Idaho lg going on at Dolsc, Idaho. 1
Clarence Darrow of Chicago, .attorney for
Haywood and his companions,. Juis Issued this
statement: . . .
"Wo wore not In Idaho for years before tho
crime was committed. Under the low, wo could
not ho extradited from Colorado. But, in spite
of this, wo wore arrested on a perjured affidavit
charging that we were In Idaho at tho time of
tho commission of tho crime, and Unit we immed
iately fled from tho state, and on this perjured
affidavit; known to be false, the governors of tho
two states of Idaho and Colorado kidnaped us in "
tho nighttlmo, refused us an .ntorview with fam
ily, friends or counsel, or a chance of appeal to
tho courts and brought us on a special train u
thousand miles from homo and into a slate and
community systematically poisoned against us xy
nowspapers and officials. We have been con
fined In Jail for fourteen months against our pro
test, and denied ball while constantly demanding
11 trial. Every effort has been made to teach the
farmers, business men and workingmen of tho
community that we arc assassins and outlaws.
After all this time, our case Is about to bo
reached, and tho president of the United States, In
no way Interested, officially or otherwise, sends
two letters broadcast over tho country charging us
With guilt and crime. These are republished In
every paper in tho lund, especially in every paper
in Idaho.
"The governor of Colorado, a day or two later,
adds his words of spite to tho venom of tho presi
dent and soys that avo Ore not only guilty of the
crime charged, but of many others, too.
"While the president of the United States and"
the governor of Colorado are sending out their
statements to compass our death, tho Judge of
this county has brought a citizen before him for
contempt on the charge that he tried to influence
the i mind of a prospective Juror by saying that
Uio state administration was trying to railroad us
On the appearance of this man in court the 1ude
Promptly told tho state's attorney thqt he should
have this obscure farmer indicted for felonv be
cause he tried to Influence tho mind of a pros
pective Juror. Tho president knows how much
greater weight will be given to his words than
those of on obscure private citizen.
i "H ,7 nvR nbout lo uo Med hi court, everv
law-abiding citizen, however great or humble,
should do everything in his power to cool tho nas
slons of man, rather than add fuel to the fiam-s
M we nre to be thrown to tho mob, the ofUcevs
should at least open our prison doors and give us
some chance to defend ourselves.' U
Former Senator Thomas M. Patterson, writing
for tho Denver News, gives a description of t
disc from which the folfpwihg eSc ts'Se taVeir
t 5V ?0t clni,nea tlmt Haywood did the deed
biit it Is charged that It was committed throuSf
his procurement. Ono ri,.ni,n,..i """. V,u"u
Mama tin iutormumadlino 1 M gSoT Z
victim, so tlmt when' tho gate was opened tho
mechanism exploded the bomb and Governor
Steunenberg was killed. The victim was horribly
mutilated, and life was extinguished with the. ex
plosion. Orchard, admitting tho dastardly crime,
claims, so it is reported, that William D. Haj'
wood, then Secretary of the Western Federation
of Miners, employed or persuaded him to do tho
deed. Charles II. Moyor, it is also generally un
derstood, Is connected with the arrangement to
kill Steunenberg by Orchard's confession. Ah au
thenticated confession of Orchard has never Ijeen
published. Many statements of what tho confes
sion 1s have found their way into the public prints,
only to be denied in Important details. The exact
nature of the confession will only bo known when
Orchard takes tho witness stand and tells his
story.
"The country is divided Into three bodies
about this most extraordinary case. One, termed
by Moyor and Ilaywoods' friends, and followers
'the capitalistic class,' firmly believes in their
guilt. The second tho membership of the West
ern Federation of Miners and political socialists
generally has no question about their innocence,
and proclaims that they are tho victims of a cap
italistic conspiracy;' 'that, because they have been
true to the interests of labor and are leaders of
great power and influence with their class, the
capitalists have determined to have them hanged
tlmt they may the easier complete the work of en
slaving tiie working masses.' This body contends
that Orchard Js a mere- tool, and that if he is in
fact the slayer of Steunenberg he lias been induced
to Implicate Moyer and Haywood to escape the
gallows for his deed. The third body is the great
mass of people, who have -no feeling in, tho affair
beyond horror of the crime and their intense de
sire to have the murder fully and fairly investi
gated, and the guilty punished. If Haywood and -Moyor
did procure or advise the assassination of
Steunenberg, they wish the extreme penalty of the
law visited upon them; If they are not guilty they
will welcome the verdict of acquittal.
"Two tilings, independent of the crime it
self, have occurred since Ifs perpetration that have
deeply wrought upon the public mind,- The first
was the unusual methods resorted' to by the' au
thorities to get tiie accused from Colorado 10
Idaho; the second was the recent utterance of
President Roosevelt, referring to Moyer and Hav
wood as 'undesirable citizens.' The first utter
ance was intensified by the second. Both refer
ences were in letters. The first was a letter to
Hon. James S. Sherman, chairman of the national
republican congressional campaign committee, and
Jc;;o,,ul B n letter in reply to resolutions
adopted n Chicago by the. Moyer and Haywood
defense league, calling the president to task for
Ids, first use of the obnoxious term.
!t have 110ver Qlte understood why the au
thorities resorted to the methods they did to re
move the accused from Colorado to Idaho. I be
lieve the reason given by those who speak for
the authorities is that they feared a rescuLthe
Simf? f thG ,trnih in' whicb tte 5risS
"UMT wu .wiveyuu?.ur us obstruction in (Some
HA YWOOD
..
other way. Those who believe in tho innocence
of the prisoners deny that this .was the reason
They insist that the prosecution " was unable to
produce testimony to show that: Moyer and Hnv
wood were fugitives from justice, or that tliov
were responsible in any way for Steunenberg?
death, and that they were kidnaped, fearlne thVt
the conspiracy to have them hung by perjured -testimony
might be defeated by the Co orado
courts. I havo been of the opinion that if it wo "o
true that Moyer and Haywood procured Orchard
to assassinate Governor StounenTjerg, then thv
were constructively in the state in which the kill
ing was done, and that, though tliey had never
been In Idaho, they were constructively fugitives
f rotlie Justice of that state. If I am right in
this, then, had tho prosecutors of tiie accused pro
ceeded In tho usual and ordinary way under the
requisition papers, there was no need for secrecv
or other extraordinary proceedings to get the
prisoners out of Colorado to Idaho; for! on a
proper showing and under the requisition from
the governor of Idaho, Governor McDonald should
have honored the requisition. The only other rea
son, then, for the course pursued is that claimed
by the authorities fear of a rescue by whatever
violence was necessary to effect it: This is not a
legal reason, however, for the presumption of the
law is that a state has and will exercise whatever
power is necessary to protect its Officers and safely
deliver Its prisoners.
i,Thei,?uP!iemJB court of yted States,
when applied to for the discharge of the prisoners
on account of these proceedings, practicaliy justi
fied them, but did not discuss the question as to '
whether Moyer and Haywood were, in fact or con
structively, fugitives from justice, and whether,
though they had never been in Idaho, if they had
procured the killing of Steunenberg, they might
be taken on requisition proceedings to Idaho for
trial, lo use the term employed by Moyer ana
Haywood's friends, this kidnaping' of them has
been used to arouse a strong sentiment Jn labor
ranks in their favor anrt nfrnina i, ,,,... .. .
Is accepted by many as proof, of the alleged
conspiracy to send innocent men to -the gallows-
!But from these and other, unusual facts the,
trial to commence next week at Boise will take
on all tho importance and significance of a great
state trial. Its influence no one can foretell now.
Whether found guilty or not guilty, or should the
jury disagree, it will canonize Moyer and Hav
wood as martyrs tp the cause of labor in the minds
of their followers. It will, in all probability, make
Haywood the.noininee of the socialists for presi
dent. It may change .the politics of states and the
course of national conventions. 1c may be epoch
making in its results.
"As for myself, I have kept my mind free
from a conclusion as; to their guilt or innocence.
I have been content to await the testimony of
to be tried is a most atrocious one, and the guilty
zr , .. o"um pay me extreme penalty f
, . wu?..ui.- iuj destruction In (Some the law." ' ' " "
R prevention wmmMmmm
JlldgO J. P. Hobsnn. 1Vnn1rfai.i- TT .
rw?c y COUPt. of flPPClB. has written for The
SSSS? n " ,utoro8tIlIff article entitled, "Pre.
follows: Und MonoPlles-" The article
ationT,ofC!!iff,POWOl,,01! tb0 normal combin-
a i d mooSoHn? i ,Wn iU reC0nt years as trusts
am monopolies ;iis been so felt that the problem
to saTd'thaf " tho a mS bC0U mUCh di
romoiv S Sa stateVlro Poworlesa to afford a
for aVion ,!ZS1beG,n ft wldlread demand
domJSfl rLb, tU fet eml government, and this
demand lias been voiced in a number of nub-
Utu ion o?V?,Cati?TB,fU anndmoS?to tiie con
stitution of the JJnited States, giving congress
his XnPTnt aud suppress monpoff It
has also been advocated by others that the powers
SlSS?v iSim ?10 tattoo shouldPne so
mentiS to S co,18tltlon without amend-
15nM!l iSBTSt bfl?ghCtaS!
tutlon of the United States Is not construe?! S"
cording to its terms and tlmt T force S?en to its"
provisions which the ordinary use of langua
would require, it will in the end become a mean
ingless form. Tf If id ,iAi .i, ,..,."
w - --- " -w . umt-uuve, il suouia De
amended; but there is no need for an amendment
of the constitution of the United States to sup
press trusts and monopolies. The several states
have all the power that is needed for this pur
pose. k
A trust is thus defined in the Century dic
tionary: J
"An organization for tho control of sev
oral corporations under one directory by tho
device of a transfer by tho stockholders in
each corporation of at least a majority of the
stock to a central "committee or board of
trustees, who Issue in return to such stock
holders respectively certificates showing in
effect that although they have parted with
their stock and the consequent voting power
they are still entitled, to dividends or to share
in the profits the object being to enable
trustees to elect directors in all the corpora
tions to control and suspend at pleasure the
work of any and thus to economize expenses
regulate production, -and defeat competition ,;
A monopoly is thus defined:
"In political economy such control of a
special thing, as a commodity, as enables the
person or persons exercising jt to raise the
EhS ? " ?e .its real value or ab the
price it would bring under competition."
u "t1! tbe trU3'ts and monopolies are brought
Sorate,ac1ion' and lt ia & SiStlii:
t5v,ae Diojorlty of the states have de
S I? w" WMtions created for such pur
ff'Ji etZStates mey are uPueld5 and that
7nn8atat6s ,can create and send out Into the
ShftS t0 S.ntro1 business of the
country. The fallacy of the argument is thnt it if?-
n?i,? I2J? 0t?2r than Inteistate commerce in an
otlier state -without its consent. A foreiim cor-
ZiXlZa:ZSUC bUSinesS taW BtoffoSSr
Th? IS SIely .UP0U the PrInciPlo of comity.
WS5 tdS eim S
S S?Vd nS,that ? fordign insurance company
should do business in the state until among other
things it had. made a deposit with the TlnTurance
commissioner of the state and obtained from Eim
a license. The statute also provided that the ta
eel the license for certain causes; among othera,
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