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Sunday February 25, 1906
From the San Francisco Call: W. F. of M. Men Refuse to Enter Pleas

From the Call of February 22, 1906:

MINERS REFUSE TO ENTER PLEAS
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Special Dispatch to The Call.
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BOISE, Idaho, Feb. 21.-Charles E. [H.] Moyer, William D. Haywood and G. A. Pettibone, leaders of the Western Federation of Miners, today were taken to Caldwell, where they were arraigned before the Probate Judge on information charging them with the murder of former Governor Frank Steunenberg. Each of the prisoners stood mute, refusing to plead.

Attorney E. F. Richardson, representing the prisoners demanded an immediate preliminary hearing, but it finally was agreed that the case should go over until next Tuesday, when a further continuance may be ordered.

Attorney Richardson maintained that the information filed against the prisoners was not sufficient, as the affidavit charged the commission of a crime in Caldwell, whereas Moyer had not been in the State of Idaho since October last, and the two other prisoners had not been in Idaho in years. There was in the information no word of conspiracy, he said. The court overruled his objection to the information and his motion for the dismissal of the prisoners. They were committed without bail.

The three prisoners were brought back to Boise this afternoon and were again taken to the State Penitentiary, where they will be kept in close confinement. They will be permitted to read books.

DENVER, Feb. 21.-A meeting of the executive board of the Western Federation of Miners will be called within a week to adopt plans for the defense of the officers now under arrest in Idaho. The members of the federation, it is said, will be asked to subscribe money to defend Moyer, Haywood and Pettibone.

[Said James Kerwin [Kirwan] of the executive board:]

We will secure the best legal talent obtainable in the country...The rank and file of the members of the federation believe in the innocence of their officers and will see that they have justice, if such a thing is procurable. The charges brought against our men are the same ones which have been trumped up by the mine owners so many times. Fifty-three of us were arrested after the Independence explosion, but none were ever prosecuted. Our arrest was made merely for political effect.

It is a queer thing that every time any one had made a so-called confession it has been proved beyond a doubt that he was in the employ of the Mine Owners' Association.

Acting Secretary James Kerwin gave out an interview to-night, in which he characterized the arrest of Moyer, Haywood and Pettibone as a further attempt to break up the federation. The prime object, he declared, was to compel the federation to drop its civil suits against the mine owners of Colorado for damages growing out of the Colorado labor troubles of the past two or three years.

[Emphatically declared Mr. Kerwin:]

These suits will be pushed...as long as one member of the executive committee is left alive to see to it.

Kerwin said that a meeting of mine owners of Western States was held secretly in this city less than a month ago, when a million-dollar fund was subscribed to be used in "further efforts to break up the Western Federation of Miners"; that it was known to Moyer and Haywood that they were liable to be arrested any moment on a "trumped-up charge," and that detectives had been put to work making a case against them as soon as possible after the meeting referred to; that the business of the federation was so arranged that any member of the executive committee could take charge.

Kerwin asserted that the federation has a million dollars available for the defense of the leaders and the very best legal talent would be engaged both for the Idaho trials and the civil suits against the mine owners. In addition to this contributions are coming in, two of $5000 each having been received today from New York and Illinois. Vice President James A [John C] Williams will reach here tomorrow to take Moyer's place.

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[Photograph added.]

From the San Francisco Call of February 24, 1906:

WRIT ISSUED IN MOYER CASE
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Hearing Will be given the Men Accused of
Murder of Steunenberg of Idaho
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PROSECUTION SANGUINE
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Relies Upon the Confession Obtained From Orchard
to Hold the Prisoners
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BOISE, Idaho, Feb. 23.-The Supreme Court late this afternoon issued a writ of habeas corpus in the cases of Moyer, Haywood and Pettibone, accused of the murder of former Governor Steunenberg. The writ is made returnable March 1, when a time will be set for a hearing.

It is stated by the defense that it anticipates the State would rearrest the men if they were released and proceed to trial with them, but the defense believes the Supreme Court at Washington will hold that the extradition was illegal. Under the laws of Idaho an accessory before the fact is made a principal, and the prosecution claims there can be no doubt that the men can be held.

DENVER, Feb. 23.-Detective James McParland has left for Idaho with all the documentary evidence in the Steunenberg murder case, including Harry Orchard's confession, in his possession. He will testify before the Grand Jury, which is to begin its investigation next Monday. He will be the principal witness and his examination will probably occupy a full day or two. Before leaving he asserted that no one could wish the accused federation officials a fair trial more than himself, but declared he is amply able to prove his charges.

BUTTE, Feb. 23.-Five thousand dollars has been appropriated by the Mill and Smelter Men's Union of this city to aid in the defense of Charles F. [H.] Moyer, Haywood, Pettibone and Orchard, who are suspected of the murder of ex-Governor Steunenberg of Idaho.

CRIPPLE CREEK, Colo., Feb 23.-Edward Green, the miner who was arrested on Monday supposedly upon warrants or instruction from Idaho as a result of the investigation of the Steunenberg assassination, was released to-day by the District Court. No charge of any kind had been filed against him. Green declares he will sue for damages for false arrest and imprisonment.

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[Photograph added.]

SOURCES

The San Francisco Call
(San Francisco, California)
-Feb 22, 1906
https://www.newspapers.com/image/87821136/
-Feb 24, 1906
https://www.newspapers.com/image/87821399/

Miners Magazine of 1909
Source for spelling of James Kirwan.
https://books.google.com/books?id=hT8tAQAAMAAJ&pg=PA123&lpg=PA123&dq=%22...

WFM Convention, 1907
Source of name of Williams: John C.
https://books.google.com/books/reader?id=wq03AQAAMAAJ&printsec=frontcove...

IMAGES
Haywood-Moyer-Pettibone Case, Attorney Edmund F Richardson of Denver,
at Boise, May 11, 1907
http://darrow.law.umn.edu/photo.php?pid=832
Western Federation of Miners Button
http://www.nps.gov/kewe/historyculture/museum-guide-5.htm

See also:

The Cripple Creek Strike
-by Emma Florence Langdon
Denver, 1904-05
http://www.rebelgraphics.org/wfmhall/langdon00.html
Appendix, April 1908
(Coverage of Haywood-Moyer-Pettibone Case)
http://www.rebelgraphics.org/wfmhall/langdon29.html#dedication

The Darrow Collection, Haywood Trial
http://darrow.law.umn.edu/trials.php?tid=3

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