35. “It is said that Gooding lives in daily fear of assassination, and that McPartland is afraid to venture outside the Idanha hotel without an armed escort,” Shoaf wrote mockingly. “There is no doubt that Gooding and McPartland are living in mortal agony every hour of the day and every day of the week, but it is not the agony that accompanies the fear of assassination. The knowledge of their many crimes, if they are human, must be an ever-present source of travail to their souls” (Ibid).
36. Ibid.
37. The Socialist, March 26, 1907.
38. Quoted in Lukas, Big Trouble, p. 518.
39. The Socialist, April 7, 1906.
40. The Boston Daily Globe, May 20, 1907.
41. The description of Wood’s courtroom is taken from Grover, Debaters and Dynamiters, pp. 104–5; The New York Times, June 5, 1907.
42. Details of Operative 21’s movements are taken from his reports, many of which are found in LoC, box 173, folder 4. Others are in the James Henry Hawley Papers (M48), Idaho State Archives.
43. JM, letter to James H. Hawley, April 6, 1907, ISA, folder 21.
44. First quote from Darrow’s testimony in U.S. Senate, Industrial Commission on the Relations and Conditions of Capital and Labor Employed in the Mining Industry, p. 10778; second quote: FRG, in The Idaho Daily Statesman, Jan. 2, 1908. Confirmation that the man discovered was Johnson comes from JM, letter to GDB, Dec. 5, 1908, LoC, box 27, folder 13.
45. FRG, in The Idaho Daily Statesman, Jan. 2, 1908.
46. The Rocky Mountain News, July 1, 1907; Evening Capital News, July 1, 1907.
47. The Idaho Daily Statesman, May 18, 1907; The Evening Telegram, May 14, 21, 1907.
48. Appeal to Reason (May 18, 1907) reported the lengthy process as follows: “As the names of the veniremen [talesmen] were called and they were questioned, attorneys on both sides adverted to voluminous piles of papers wherein the mens’ [sic] history, political and social, was found. It is evident that the attorney for the prosecution knows pretty nearly the bias and character of virtually every possible juror in Ada county, and the attorneys for the defense proved that their knowledge of the same possible jurors is by no means limited. The questioning was severe and particular.”
49. Grover, Debaters and Dynamiters, p. 104.
50. Clarence Darrow, in SIH, vol. 1, pp. 9–10.
51. Harrison, Clarence Darrow, p. 131; Haywood, Bill Haywood’s Book, p. 212; Maloney, “Clarence Darrow,” p. 306.
52. James H. Hawley, in SIH, vol. 1, pp. 14, 21.
53. Siringo, Riata and Spurs, p. 258, and A Cowboy Detective, p. 511.
54. Turner, “Introductory Note to the Confession and Autobiography of Harry Orchard,” p. 295.
55. The Milwaukee Journal, June 6, 1907.
56. Lukas, Big Trouble, p. 555.
57. Orchard’s direct testimony is found in SIH, vol, 1, pp. 108–316.
58. The New York Times, June 9, 1907.
59. For example, an interchange on June 10 went:
Q: You do have regular conferences, don’t you, on the subject of your testimony during the adjournments?
A: Not only in a general way . . .
Q: You meet Mr. McParland, don’t you, on your coming in every morning?
A: No sir, I do not.
Q: You held a conference with him this morning at half past eight?
A: I spoke to him.
Q: Didn’t you hold a conference with him?
A: No sir, I didn’t. . . .
Q: How long did he stay there with you this morning?
A: I think he stayed about ten minutes.
Q: Did you see him Saturday afternoon at the penitentiary?
A: No sir, I did not.
Q: Did you see him Saturday afternoon anywhere?
A: No sir, I did not.
Q: How long did you see him at the penitentiary yesterday?
A: Possibly an hour or so. . . .
Q: Talked about this case, didn’t you?
A: Some, we did, yes sir.
Q: And about your testimony in this case, didn’t you?
A: May have referred to some pieces in it, yes sir.
Q: And the method by which you should be able to withstand cross examination, and so forth, didn’t you?
A: No sir.
Q: Didn’t talk upon that subject at all?
A: He spoke of what—of how—of what gave me strength to go through this examination, yes sir.
(SIH, vol. 2, pp. 595–96)
At that stage, perhaps realizing that Orchard was referring to his newfound religion, Richardson changed the subject. Then, on June 13, on Orchard’s final day on the stand, Richardson opened the questioning with:
Q: Have you had your usual talk with Mr. McParland this morning at half past eight?
A: I seen him a few minutes this morning about half past eight.
Q: Did you see him last night after you went off the stand?
A: No sir, I did not.
Q: Had a visit with him this morning at half past eight until the time you came to the court house?
A: No sir, I saw him about five minutes.
Q: Did not meet him by appointment?
A: No sir, I did not. . . .
Q: You talked about the case I suppose? . . .
A: He said he was very sick and hardly able to be out of bed.
(SIH, vol. 3, pp. 1147–48)
60. The New York Times, June 14, 1907. Oscar King Davis also used the “McPartland” spelling started by Shoaf. Whether this was him making a statement about the detective, à la Shoaf, or a mistake perhaps brought about by the McPartland known as “Sharkey the Brute” is unknown. However, it continued throughout his two-month series of trial reports.
61. Connolly, “The Moyer-Haywood Case: Part 4: Harry Orchard and His Story,” p. 11.
62. The Denver Post, July 29, 1907.
63. For the arguments of Richardson, Borah, and Darrow, see SIH, vol. 4, pp. 1950–2055.
64. Judge Fremont Wood, in SIH, vol.4, p. 2056.
65. For details of Wood’s decision and its background, see Wood, The Introductory Chapter to the History of the Trials, pp. 21–25.
66. Barrymore, Memories, p. 157.
67. For Darrow’s introductory statement, see SIH, vol. 4, pp. 2058–2121.
68. For Orchard being in different locations, see SIH, vol. 5, pp. 2208–16. For Orchard’s supposed vendetta against Steunenberg, see SIH, vol. 5, pp. 2219–47, 2731–42; vol. 6, pp. 2985–3040, 3130–62, 3246–72. For Sam Davis’s account and testimony related to the events at Wardner in 1899, see SIH, vol. 5, pp. 2333–2444, 2705–30. For a new account of events at the Vindicator mine, see SIH, vol. 5, pp. 2616–18, 2651–70. For depositions and testimony about the Bradley events, see SIH, vol. 7, pp. 3401–50, 3461–3504, 3505–17, 3554–59, 3583–88.
69. For Friedman’s testimony, see SIH, vol. 5, pp. 2781–94, 2833–38; vol. 6, pp. 2840–2932. See also Friedman, The Pinkerton Labor Spy.
70. The Sun, July 2, 1907; The San Francisco Call, July 2, 1907; The Washington Herald, July 2, 1907.
71. The Idaho Daily Statesman, July 1, 1907.
72. The Sun, July 2, 1907.
73. For Edward McParland’s testimony, see SIH, vol. 6, pp. 3063–71.
74. Shoaf, “Who Blew Up the Independence Depot?”
75. The plan is explained in detail in: JM, reports to FRG, May 14, 15, 16, 18, 19, 25, 1907, ISA, folders 22, 23.
76. The World, July 6, 1907; The Denver Republican, July 6, 1907.
77. For rebuttal testimony, see SIH, vols. 9, 10; for a summary of the testimony, see Grover, Debaters and Dynamiters, pp. 159–66.
78. Wood, The Introductory Chapter to the History of the Trials, p. 24.
79. Connolly, “The Moyer-Haywood Case: Part 8: What
Has Been Brought Out in Haywood’s Trial,” p. 14.
80. James H. Hawley, letter to Jacob Fillius, July 22, 1907, James Henry Hawley Papers (M48), Idaho State Archives.
81. The Idaho Daily Statesman, July 21, 1907.
82. Davis, Released for Publication, p. 42.
83. The New York Times, July 23, 1907.
84. The Idaho Daily Statesman, July 24, 1907.
85. Edmund Richardson, in SIH, vol. 11, p. 5171.
86. Ibid., pp. 5238, 5237.
87. The New York Times, July 26, 1907.
88. Darrow, “Darrow’s Speech in the Haywood Case,” pp. 30–31. Quotes from Darrow’s summation are taken from the complete text of his speech that appeared in Wayland’s Monthly, published in Girard, Kansas, by Julius Wayland, the proprietor of Appeal to Reason. Thus, as in Appeal to Reason, McParland is once again spelled McPartland.
89. Ibid., p. 44. Darrow later denied that he had spoken supportively of violence on behalf of labor, claiming that Appeal to Reason had published his entire summation, where such language was not to be found (see Darrow, Letter to the Editor). However, Collier’s pointed out in editorials (“Please Read This,” and “Who Told the Truth?”) that the entire text of the final argument was to be found in Wayland’s Monthly, including the text that Darrow claimed did not exist.
90. Darrow, “Darrow’s Speech in the Haywood Case,” p. 31.
91. Ibid., p. 68.
92. William E. Borah, in James Henry Hawley Papers (M48), Idaho State Archives, box 71, folder 63, pp. 5496–97; for a slightly edited version, see Borah, Closing Argument of W. E. Borah, pp. 9–10.
93. William E. Borah, in James Henry Hawley Papers (M48), Idaho State Archives, box 71, folder 63, p. 5497; for a slightly edited version, see Borah, Closing Argument of W. E. Borah, p. 10.
94. Morning Oregonian, July 27, 1907.
95. Judge Wood’s instructions are in SIH, vol. 11, pp. 5392–5434.
96. SIH, vol. 11, 5417–18.
97. For example, Davis, Released for Publication, pp. 43–44; MacLane, A Sagebrush Lawyer, pp. 168–69; Grover, Debaters and Dynamiters, pp. 255–57.
98. Stone, Darrow for the Defence, pp. 245–46.
99. The New York Times, July 29, 1907; The Boston Daily Globe, July 29, 1907; The Sun, July 29, 1907.
100. The next spring, when Orchard was sentenced by Wood to be executed, the judge recommended that the state board of pardons commute the sentence. According to a widely published press account: “Judge Wood based his recommendation on a long legal decision quoting authorities and holding that an equitable right exists on the part of a confessing accomplice telling the whole truth to be spared the death sentence. He declared he believed Orchard told the full and exact truth in his confession. He said the acquittal of Haywood and Pettibone by two juries was not inconsistent with his declaration, as the juries’ verdicts did not signify that Haywood and Pettibone are innocent, but that the state failed to present sufficient legal evidence, aside from the confession, to warrant their conviction.” See, for example, The Seattle Star, March 18, 1908; The Daily Ardmoreite, March 18, 1908; The Evening World, March 18, 1908; Los Angeles Herald, March 19, 1908.
101. The Salt Lake Herald, July 30, 1907; Deseret Evening News, July 30, 1907.
102. Idaho Capital News, July 30, 1907.
103. The Salt Lake Herald, July 30, 1907; Deseret Evening News, July 30, 1907.
104. Mrs. Oral Sebern Coleman, letter to David H. Grover, Aug. 19, 1960; quoted in: Grover, Debaters and Dynamiters, p. 260.
105. The Salt Lake Tribune, July 29, 1907.
106. For Russell, see The Boston Daily Globe, July 29, 1907; for Richardson, see Cowan, The People v. Clarence Darrow, p. 60.
107. Quoted in Pingenot, Siringo, p. 63.
108. Davis, Released for Publication, p. 42.
109. Siringo, Riata and Spurs, pp. 259–60.
Chapter 24: Four Trials
1. Grant, “The Haywood Trial,” p. 862.
2. The Salt Lake Herald, July 31, 1907.
3. Daily Journal, Aug. 8, 1907.
4. For example, The Salt Lake Tribune, Aug. 9, 10, 1907; Los Angeles Herald, Aug. 9, 1907; The San Miguel Examiner, Aug. 10, 1907; Warren Sheaf, Aug. 15, 1907.
5. The New York Times, Aug. 18, 1907.
6. The details of Borah’s trial can be found in: Boston Evening Transcript, Oct. 3, 1907; Daily Capital Journal, Oct. 3, 1907; The Salt Lake Herald, Oct. 3, 1907, The Washington Times, Oct. 3, 1907.
7. Daily Capital Journal, Oct. 1, 1907; The Seattle Star, Oct. 1, 1907.
8. The Salt Lake Tribune, Nov. 8, 14, 1907; The Salt Lake Herald, Nov. 9, 1907.
9. Daily Arizona Silver Belt, Oct. 31, 1907; The Salt Lake Tribune, Oct. 31, 1907.
10. Darrow, The Story of My Life, pp. 157–59; Stone, Darrow for the Defence, pp. 249–50.
11. Darrow, The Story of My Life, p. 158.
12. SIA, vol. 2, p. 582. Darrow’s first examination of McParland in the second Adams trial is found in SIA, vol. 2, pp. 570–93.
13. SIA, vol. 2, p. 584.
14. Ibid., pp. 872–73.
15. Ibid., pp. 866, 867, 886.
16. Ibid., pp. 898–99.
17. Ibid., pp. 910–12.
18. The Inter-Mountain Republican, Nov. 14, 1907.
19. The Salt Lake Tribune, Nov. 14, 1907.
20. SIA, vol. 2, pp. 1053, 1055.
21. JM, report to FRG, Jan. 27–28, 1906, pp. 13–14, LoC, box 172, folder 2.
22. SIA, vol. 2, p. 866.
23. Marx, Undercover, p. xix.
24. The Salt Lake Tribune, Nov. 21, 1907.
25. Daily Arizona Silver Belt, Nov. 24, 1907; Bisbee Daily Review, Nov. 24, 1907.
26. The Salt Lake Herald, Nov. 25, 1907.
27. Darrow, The Story of My Life, p. 163.
28. The San Francisco Call, Dec. 11, 1907; Los Angeles Herald, Dec. 11, 1907.
29. New-York Tribune, Dec. 11, 1907.
30. The Salt Lake Tribune, Dec. 15, 1907; The Salt Lake Herald, Dec. 15, 1907,
31. Darrow, The Story of My Life, p. 165.
32. The Salt Lake Herald, Jan. 1, 1908; Deseret Evening News, Jan. 3, 1908.
33. The Salt Lake Herald, Jan. 5, 1908; Los Angeles Herald, Jan. 5, 1908.
34. The New York Times, Aug. 4, 1908.
35. JM, letter to GDB, Feb. 4, 1908, LoC, box 97, folder 1.
36. WAP, letter to GDB, Feb. 9, 1908, LoC, box 97, folder 1.
37. WAP, letter to GDB, quoted in typescript of Horan and Swiggett, The Pinkerton Story; LoC, box 21, folder 2.
38. Pingenot, Siringo, pp. 64, 67.
39. Wood, The Introductory Chapter to the History of the Trials, pp. 34–35; New-York Tribune, March 11, 1908; The Sun, March 11, 1908; Deseret Evening News, March 11, 1908.
40. Wood, The Introductory Chapter to the History of the Trials, p. 35; The Seattle Star, March 18, 1908; The New York Times, March 19, 1908; Los Angeles Herald, March 19, 1908.
41. Wood, The Introductory Chapter to the History of the Trials, pp. 35–36. Although Wood had believed Orchard implicitly, and had thought Haywood guilty, the verdict disappointed or made angry many who therefore perceived him to be in the pocket of labor. Therefore, when he stood for reelection in 1910, there was an intense campaign against him, led by Gooding, who by that time was no longer governor. Wood was defeated and did not again serve as a judge, but later appraisals have expressed great respect for his high standards of fairness and his adherence to the legal requirements by which he conducted the trial. See Grover, Debaters and Dynamiters, p. 291; Wilper, “Trial Judge Fremont Wood”; Wells, “The Haywood Trial.”
42. Los Angeles Herald, March 19, 1908.
43. G. J. Hasson, letter to P. K. Ahern, April 2, 1908, LoC, box 172, folder 1.
44. JM, let
ter to FRG, April 6, 1908, LoC, box 172, folder 2.
45. Daily Capital Journal, July 1, 1908.
46. Orchard, The Man God Made Again.
47. What the authorities seem not to have realized at the time was that Barney was not dead. He had just moved from the area without telling anybody. His significance came from being one of several men assumed to have been murdered, and therefore a victim of a crime that could be pinned on members of the WFM at a time when the struggle between the mine owners and unions in Colorado had few limits on how the opposing sides would behave toward each other. For full details of how the supposed murder of Barney fit into the Colorado Labor Wars, see Martin, The Corpse on Boomerang Road. What is unknown is whose bones Wells actually found.
48. Daily Arizona Silver Belt, Dec. 28, 1907; The Salt Lake Tribune, Dec. 28, 1907.
49. The Salt Lake Tribune, Dec. 31, 1907; Deseret Evening News, Jan. 1, 1908.
50. The Salt Lake Herald, July 8, 1908.
51. Grand Junction Daily News, July 8, 1908; Daily Journal, July 9, 1908.
52. The Denver Post, July 8, 1908.
53. The Denver Republican, July 9, 1908.
54. The Denver Post, July 8, 1908.
55. Ibid.
56. Ibid.
57. The Denver Republican, July 9, 1908.
58. First quote: The Denver Republican, July 9, 1908; second quote: The Rocky Mountain News, July 9, 1908.
59. The Rocky Mountain News, July 10, 1908.
60. Daily Journal, July 9, 1908.
61. The Rocky Mountain News, July 10, 1908.
62. The Colorado Transcript, July 16, 1908.
63. The Arizona Republican, July 11, 1908.
64. The Fairplay Flume, July 17, 1908.
65. The Salt Lake Tribune, July 15, 1908; Daily Journal, July 14, 1908.
66. The quotes about the Cary investigation and interview are all taken from JM, letter to GDB, Dec. 5, 1908, LoC, box 27, folder 13.
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