USA > Idaho > History of Idaho, the gem of the mountains, Volume I > Part 29
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necessarily be incurred, if the matter was thoroughly probed, and believing that the expenses of such an investigation should be borne by the state and not imposed upon Canyon County, wherein the murder had been committed, the members of the board decided it was their duty to undertake the prosecution of the supposed guilty parties and make the state responsible for the expense of the investigations and trial. To carry out this idea an agreement was made with Mr. Hawley to assume the prosecution of all persons charged with the murder of Governor Steunenberg and of all cases, directly or indirectly con- nected with that murder. W. E. Borah, afterwards United States senator was retained to assist Mr. Hawley in the trial of those charged with the murder. Mr. Stone of Caldwell was retained to assist prosecuting attorney Van Duyn of Canyon County and others engaged in the prosecution.
A term of the District Court was convened in Canyon County late in Feb- ruary, 1906, and a grand jury impaneled, and on March 7th indictments were found against Orchard and also Haywood, Moyer, Pettibone and Jack Simpkins for the murder of Steunenberg. These men were already in custody, with the exception of Jack Simpkins, who disappeared, and although a reward of $5,000 was offered for his appearance, he was never brought before the court for ar- raignment. The charge made against Vincent St. Johns was dismissed, but he was immediately arrested upon a warrant charging him with murder in Colorado and taken to that state for trial, but was afterward released.
Fred Miller, a member of the firm of Robertson and Miller, attorneys in Spokane, had appeared for Orchard prior to his confession and was retained, together with Mr. E. F. Richardson of Denver, Colo., Clarence S. Darrow of Chicago, Edgar Wilson, former representative in Congress from Idaho, John F. Nugent and K. I. Perky, both afterwards United States senators from Idaho. Habeas corpus proceedings were instituted in both the State and District courts and also in the District Court of the United States seeking the release of Hay- wood, Pettibone and Moyer upon the grounds that they had been unlawfully arrested in Colorado and had not been given an opportunity to defend them- selves in that state upon the proceedings for their extradition and that they had been secretly arrested and immediately brought to Idaho on a special train without being given an opportunity to communicate with their counsel or their friends and that the whole proceeding was the result of a conspiracy between Governor McDonald of Colorado and Governor Gooding of Idaho and Mr. Hawley, chief counsel for the prosecution to kidnap them from the State of Colorado and bring them to Idaho without due process of law. Thereupon the State District Court promptly refused to issue the sought-for writ and the matter was appealed to the Supreme Court of the state and the action of the District Court was upheld.
The United States District Court also refused to grant a writ of habeas corpus asked for in that tribunal and an appeal was taken to the Supreme Court of the United States and a hearing was had in October, 1906 and the demanded relief was again refused.
In the meantime Haywood, Pettibone and Moyer had been brought to Boise and placed in the penitentiary for safe-keeping, and proceedings were instituted in the District Court in and for Canyon County for a change of venue, and such change was granted and the case transferred to Ada County on May 9,
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1907. The defendants, Haywood, Moyer and Pettibone demanded separate trials and the demand was complied with. The prosecution selected Haywood as the first man to be tried and on May 9, 1907 the trial was commenced.
A vast interest was taken not only throughout the United States but all over the civilized world in the trial. It was conceded that many new questions in criminal law in connection with conspiracies affecting criminal objects, would be involved. As evidence of the general interest in the case the Associated Press sent three representatives to Boise, one being Superintendent Kennedy of the western division of that association; other press agencies were likewise represented and special correspondednts of most of the great newspapers of the United States were represented. The trial lasted for more than three months and the interest throughout the country in the matter was maintained to the last.
After the selection of the jury the opening statement for the prosecution was made by Mr. Hawley and outlined the theory of the prosecution in con- nection with the case. The most strenuous objections were continuously inter- posed by the defense to the important parts of the statement in connection with the organization of the Western Federation of Miners, but Hon. Fremont Wood. the presiding judge of the court, stood squarely with the prosecution in his view of the evidence that should be permitted in the case. The theory of the prosecu- tion can probably be best gathered by a summary of the opening statement, in which Mr. Hawley declared in substance: That the Western Federation of Miners was a labor organization composed of men employed in the mines; that it was organized for the purpose of directing labor affairs in the mining districts and especially in controlling local or subordinate unions; that a few federation officials, including the defendants then on trial, constituted an "inner circle," which had for its object the breaking down of all opposition to-it and its man- dates, and which did not hesitate to resort to criminal methods to accomplish its purposes; that to this "inner circle" could be charged a long list of crimes. including the murder of Arthur Collins and Lyte Gregory, the blowing up of the Vindicator mine, the railroad depot at Independence, Colo., and attempts to assassinate Governor Peabody and members of the Supreme Court of that state and many other crimes in Colorado and Western Idaho; that the killing of Frank Steunenberg was one link in this chain of crime; that Harry Orchard and Steve Adams were the hired assassins of this inner circle, worked under orders from its members and were furnished money by them to prosecute their nefarious work.
Immediately following the opening statement the prosecution placed upon the stand the formal evidence of the murder of the ex-governor, and having made this proof, on the 5th day of June, nearly a month after the commence- ment of the trial, put Harry Orchard on the witness stand. Orchard made a wonderful witness. Without any effort to conceal any of the crimes of which he and others had been guilty, and seemingly with no inclination to exaggerate those crimes, or represent himself or his associates worse than they really were, he went fully into all the minutiæ of all the crimes in which he had been en- gaged by the Western Federation of Miners. His wonderfully retentive memory retained every incident and his story covered a period of time from the Coeur d'Alene troubles in 1899, in which he had been engaged as one of the trusted members of the federation, to the mining troubles of Colorado, where for sev-
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eral years he had been engaged in nearly all of the leading crimes committed by agents of the Western Federation of Miners in their war against the mine owners and the authorities of that state. He admitted that he was responsible. for the death of over twenty men, and besides had made many attempts to assassinate others who fortunately had escaped. His operations included at- tempts to assassinate Chief Justice Gabbert of the Supreme Court of that state and Justice Goddard, an associate justice, as well as Governor Peabody at the time he occupied the position of chief executive of the State of Colorado.
His bloody career, as detailed in his own testimony, included the explosion of the railway depot at Independence, Colo., which killed fourteen persons outright and maimed half a score of others. A number of other crimes, al- most as flagrant, he admitted were properly charged to him.
He swore that he was assisted in many of these crimes by Steve Adams, and that in all of them he was inspired by Haywood, Pettibone and other leaders of the Western Federation of Miners. The crimes of the federation, testified to by Orchard, were not confined to Colorado. His testimony showed that in 1905, acting at the request of Haywood, he had proceeded to San Francisco for the purpose of assassinating Fred C. Bradley, president of the Bunker Hill & Sullivan Mining Company, who resided in that city, and by planting a bomb in the doorway of his house, almost succeeded in accomplishing his desperate purpose.
Two days were consumed by the telling of his narrative, in response to questions of the prosecution and four days more were spent by the attorneys for the defense in endeavoring to shake Orchard's testimony by the most rigid cross-examination.
The testimony of Orchard was succeeded by the evidence of scores of wit- nesses brought from Northern Idaho and from Colorado, San Francisco and other points, to corroborate his statements.
The defense introduced a large number of witnesses disputing many of the telling points made by the witnesses for the prosecution. At the conclusion of the evidence four days were devoted to argument of the case and on July 28. 1907, it was given to the jury. On the following Sunday morning, July 29th, after having been out for twenty-one hours, the jury returned a verdict of not guilty. This verdict was not only a surprise but a disappointment, as well, to most of the people of Idaho, because a large majority of those who had listened to the evidence or read the newspaper accounts of it were satisfied that the guilt of Haywood had been fully demonstrated.
Harvey Brown, who for several terms had been sheriff of Baker County, Ore., had been a witness against Orchard on his preliminary examination for the murder of Ex-Governor Steunenberg. He was called as a witness and seemed to incur the enmity of the criminals who had assumed the leadership of the Western Federation of Miners. After his return to Baker, a bomb was placed at the gate of his residence, in the same manner as was the bomb that killed the ex-governor, and Brown met the same fate that had befallen him.
Steve Adams, as before stated, had been arrested in Oregon, where he was then residing, shortly after the murder of ex-Governor Steunenberg, and brought to Canyon County, where he was confined in the county jail for a short time and then brought to the penitentiary for safekeeping. The grand jury that
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investigated the events leading up to the murder of ex-Governor Steunenberg found there was no evidence warranting an indictment against Adams implicating him in the murder. Orchard, in his confession had claimed that Adams was engaged with him in many of the desperate criminal enterprises with which he had been connected in Colorado, and also gave the information to the authorities that Adams had in 1903 been detailed by the Western Federation authorities to go to Idaho and endeavor to accomplish the death of Steunenberg; that in accordance with that purpose, Adams had gone into Shoshone County and stayed there for some time with Jack Simpkins, the Idaho member of the execu- tive committee of the Western Federation of Miners, and while there had engaged in a number of crimes, including the killing of two men in the Marble Creek country at the request of Simpkins and with his assistance, but that no effort had been made by him to accomplish the death of the ex-governor.
After the grand jury had refused to find an indictment against him, Adams signified his willingness to confess to the authorities all that he knew about the criminal efforts of the Western Federation, not only in the Steunenberg matter, but in many other crimes in which he had been engaged on behalf of that asso- ciation. His confession was taken and corroborated the statements of Orchard in many particulars, while it showed a number of other crimes instigated by Haywood and others who were controlling the Federation, as heinous and un- necessary as those related by Orchard.
At his own request, Adams was provided with quarters in the women's ward of the state penitentiary, there being no female prisoners confined there at the time and his wife was permitted to take up her residence with him in that place. She also professed to know many things strongly corroborating the statements of Orchard and it was expected by the prosecution to use both Adams and his wife as leading witnesses at the trial. Adams, however, experienced a change of heart and applied for a writ of habeas corpus, alleging that he was being unlawfully detained in the state penitentiary. The matter came on for hearing and the state, through its attorneys specially disclaimed any desire to detain him and he was ordered released, but immediately was arrested upon a charge of murder alleged to have been committed in the Marble Creek section. A term of court was held at Wallace, a grand jury was impaneled and found indict- ments against him upon the charge. In January, 1907, he was put upon his trial. Mr. Hawley, in accordance with his agreement with the state, assumed charge of the trial on behalf of the state, assisted by members of the local bar, Messrs. Darrow and Richards appearing for Adams. After the trial lasting over seven weeks, the jury failed to agree and Adams was held in custody pending further action in his cause. He was brought to Boise for the Orchard trial and remained in prison there, but was not put on the stand by either side.
After the Haywood trial, Adams was again brought to trial in Kootenai County on a change of venue from Shoshone County, and again the jury dis- agreed, seven again favoring conviction of murder in the first degree and five standing for acquittal. The cases against Adams pending in Idaho were then dismissed and he was taken to Colorado and placed on trial upon a charge of murdering Arthur Collins, superintendent of the Smuggler mines, during the labor troubles in that state some years before, of which charge he was acquitted.
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George H. Pettibone, another of the Western Federation leaders, was placed on trial early in December, 1907, and again Orchard was one of the principal witnesses for the state. After a trial lasting nearly a month, a verdict of ac- quittal was rendered by the jury impaneled to try the case. Realizing the impossibility of securing a conviction in the matter, the prosecution then moved the dismissal of the case against Moyer and this ended the most exciting series of criminal trials ever brought before the courts of Idaho or any of the Western states.
After the Pettibone trial and in March, 1908, Orchard was brought before the District Court of Canyon County upon the indictment found against him for the murder of ex-Governor Steunenberg and when asked for his plea, stated that he was guilty, and sentence of death was imposed upon him a few days after- ward. The people of Idaho very generally believed that the evidence given by Orchard in the Haywood and Pettibone cases was true. All the state officers were firmly impressed with this belief. While no promises had been held out to Orchard, it was felt by the officers in charge and by most of the citizens, that the extreme penalty of the law should not be imposed upon Orchard on account of the service he had attempted to render the state and, as a result, although Orchard himself gave the effort no countenance, his sentence was commuted from death by hanging to imprisonment for life.
While most of the people of Idaho believed that the acquittal of Haywood and Pettibone was a miscarriage of justice and while the trials of these persons cost the State of Idaho a large amount of money and no convictions were had, still the results of the trials were seemingly worth the effort that had been made. At the next election of the Western Federation of Miners following his acquittal, Haywood was retired as secretary-treasurer of the federation and the members of the executive committee who had assisted him in his attempts to terrorize the mining sections of the West were supplanted by others who believed in law enforcement and since that time there have been no labor troubles in the mining sections of Idaho, nor in most of the mining states of the West. The miners' unions composing the Western Federation have as a general thing been under the management of law abiding men and have assisted in the various communities where they existed in upholding the law.
POLITICAL CAMPAIGN OF 1906
Four tickets were placed in the field in the political campaign of 1906. Frank R. Gooding was renominated by the republican state convention, as were Robert S. Bragaw, state auditor ; John J. Guheen, attorney-general; Robert N. Bell, inspector of mines; and Burton L. French, representative in Congress. The ticket was then completed by the selection of Ezra L. Burrell for lieutenant- governor ; Robert Lanston, secretary of state; Charles A. Hastings, state treas- urer; S. Belle Chamberlain, superintendent of public instruction; and George H. Stewart, justice of the Supreme Court.
Charles O. Stockslager, former justice of the Supreme Court, was nominated for governor by the democratic state convention; George A. Chapin, for lieu- tenant-governor ; Augustus F. Galloway, for secretary of state; John M. Barnett, for state auditor ; John B. Morris, for state treasurer; Karl Paine, for attorney- general; Permeal French, for superintendent of public instruction; Hanson B.
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Gasletz, for inspector of mines; Murry R. Hatabaugh, for representative in Congress; Stewart S. Denning, for justice of the Supreme Court.
No nomination was made by the prohibitionists for justice of the Supreme Court. The candidates of this party for the other offices were as follows: Silas Luttrell, governor; Edwin R. Headley, lieutenant-governor; James T. Smith, secretary of state; William E. Talbott, state auditor; William C. Stalker, state treasurer; Weist McClain, attorney-general; Cynthia A. Mann, superin- tendent of public instruction; Charles V. Price, inspector of mines ; Charles A. Montandon, representative in Congress.
The socialists nominated Theo F. Keller for governor; John Chenowith, lieutenant-governor; Joseph F. Hutchinson, secretary of state; Morgan P. Gif- ford, state auditor; James Smith, state treasurer; Louis E. Workman, attorney- general; Grace E. Workman, superintendent of public instruction; William J. Bolan, inspector of mines; Herman F. Titus, justice of the Supreme Court ; Edward L. Rigg, representative in Congress.
This was another campaign in which political matters were remarkably mixed. Governor Gooding's course in the prosecution of the cases against Haywood and others had alienated the votes of all members of his party who in any way sympathized with the Western Federation of Miners, and this included practical- ly all of the citizens of Idaho who were inclined to be socialistic in their political views. The democratic party of the state, however, was in poor position to take advantage of a defection of the republican voters. Senator Dubois still maintained his control of the democratic party and was able to dictate its plat- form, continuing the anti-Mormon fight commenced two years before. As a result, practically all of the Mormon voters of the state cast their ballots in favor of Governor Gooding and the other candidates nominated by the repub- lican state convention, and the election resulted in a victory for the entire repub- lican ticket. The vote for governor was as follows: Gooding, 38,386; Stocks- lager,29,496; Luttrell, 1,037; Keller, 4,650, giving Gooding a majority of 3,203 over all his opponents. Six constitutional amendments were voted on at this election and all were defeated except the one limiting the rate of taxation for state purposes to ten mills on the dollar, which was carried by a majority of 157 votes.
NINTH LEGISLATURE
In accordance with the laws of the state, the ninth biennial session of the Legislature was convened at Boise on Monday, January 7, 1907. Ezra A. Burrell, the newly elected lieutenant-governor, was installed as the presiding officer of the Senate and James F. Hunt, of Bannock County, was again elected speaker of the House. In his message Governor Gooding gave an exhaustive account of the assassination of ex-Gov. Frank Steunenberg and the efforts that had been made by the state to convict the assassins; recommended the establishment of a state board of health and a railroad commission, and reviewed the work of his administration during his first term.
One of the first acts passed by this session was that appropriating $50,000, "or so much thereof as may be necessary,". to defray the expenses of prosecuting the persons accused of the murder of ex-Gov. Frank Steunenberg. By a joint resolution, adopted on February 8, 1907, O. E. Mccutcheon, W. C. Whitwell
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and A. A. Richards of the Senate, Samuel Ballantyne, Joseph P. Fallon and C. W. Whiffin of the House, were appointed a committee to draft and present resolu- tions on the deaths of ex-Govs. Frank Steunenberg and Frank W. Hunt. Me- morial services were held at the Columbia Opera House on Wednesday evening, February 7th, at which J. T. Pence delivered the principal address, and the next day the resolutions prepared by the committee were adopted in joint session and ordered spread upon the records.
By an act approved on March 12, 1907, the adjutant-general was given gen- eral supervision over the form and construction of a state flag, the act specifying that "the flag of the State of Idaho shall be blue, charged with the name of the state, in such colors and of such size and dimensions as shall be prescribed by the adjutant-general of the State of Idaho." The sum of $100 was appropriated to carry out the provisions of the act.
An act against lobbying passed at this session provided that any one attempt- ing to influence the Legislature, except through the newspapers, by public ad- dresses before a committee, or by written or printed statement, one copy of which should be filed with the secretary of state, should be subject to a fine of not more than $200 or imprisonment in a county jail for a term of not more than six months. Officers or representatives of cities and incorporated towns, engaged in trying to secure the enactment of legislation in the interest of the city or town so represented, were exempted from the provisions of the act.
Bond issues for the benefit of the state institutions and for other purposes to the amount of $394,000, were authorized, to wit:
University of Idaho
$170,000
Lewiston Normal School
40,000
Albion Normal School
20,000
Academy of Idaho (improvements)
21,000
North Idaho Insane Asylum
45,000
Industrial Training School
50,000
Capitol Building
30,000
Soldiers' Home
5,000
Elk City-Dixie road
10,000
Meadows-Payette road
3,000
Total
$394,000
On January 15, 1907, William E. Borah, of Boise, was elected United States senator to succeed Fred T. Dubois.
The subject of revision and codification of the state laws again came before the Legislature at this session, with the result that an act was passed author- izing the Supreme Court to appoint a commissioner to compile the laws into political, penal, civil and civil procedure codes, the commissioner to receive a salary of $4,000 a year while engaged in the work and $2,500 for clerical assistance.
HISTORICAL SOCIETY
By the act of March 12, 1907, it was provided: "That the Historical Society of Idaho Pioneers, a corporation organized and existing under the laws of the
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State of Idaho, may become the Historical Society of the State of Idaho, upon the conditions hereinafter specified in this act." The conditions required the Society of Idaho Pioneers to accept the provisions of the act, upon which it should become the trustee of the state, authorized to collect and preserve books, maps, newspaper files, documents, etc., relating to the history of the Northwest, and to make biennial reports. An appropriation of $3,500 was made to carry out the provisions of the act, which set apart rooms in the capitol building, said rooms to be kept open during reasonable hours for the benefit of the public by the librarian, who was to receive a salary of $1,000 a year.
The historical rooms were opened in the old capitol building on May 7, 1907, with John Hailey, one of Idaho's most distinguished pioneers in charge as librarian, a position he still holds in 1918. Mr. Hailey has taken a keen interest in the collection of relics and records of historical interest. In the fall of 1918 the society had nearly one thousand bound volumes and pamphlets; several showcases and cabinets filled with specimens of ores from Idaho's mines ; portraits of the territorial and state governors, chief justices of the Supreme Court and others prominently identified with the history of the Northwest; a large collection of Indian relics, etc. The visitor to the rooms is always well repaid for his time and trouble.
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