pages 345 to 363
On the morning of June 9th, two committees appointed by the Citizens' Alliance circulated the following agreement among the employers of the district:
"We, the undersigned merchants of the Cripple Creek district and employers of help, hereby agree not to employ help of any kind that is in any way connected with the trades assembly or the American Federation of Labor or the Western Federation of Miners or kindred organizations."
All employers were urged to sign the agreement which was typewritten. All complied, with the exception of the Atlantic Tea Company and George A. Childers both of Cripple Creek. Later on in the day when it was ascertained that the enforcement of this rule would prevent the publishing of the daily papers, as the printers were affiliated with the American Federation of Labor, and non-union help could not be procured to fill positions, the ban was removed from the American Federation of Labor unions and American Labor Union organizations substituted.
From the time of this petition being circulated, it was necessary for those belonging to organizations boycotted by the Citizens' Alliance to either surrender their positions or take a card or permit issued by the mine operators. Many employes refused to take out a card and were discharged and deported.
Following is a facsimile of permit card issued by the Mine Owners' Association in this section of "Free America."
The following order which was sent to Secretary-Treasurer Haywood, is self-explanatory. It puts Colonel Verdeckberg exactly where he belongs—in the rank of the beast and the brute. Needless to say the suffering miners' families were well supplied with relief by the Western Federation of Miners.
"Headquarters Teller County Military District,
"National Guard of Colorado.
"Victor, Colorado, June 15, 1904.
"Wm. D. Haywood, Secretary and Treasurer, Western Federation of Miners, Denver, Colorado.
"Dear Sir:—The enclosed order is for your guidance and information. I have the honor to remain,
"Very respectfully yours, (Signed) "EDW. VERDECKBERG,
"Colonel First Infantry, N. G. C."
"Headquarters Teller County Military District,
"National Guard of Colorado. "Victor, Colorado, June 14, 1904. "SPECIAL ORDER NO. 19.
"No organization will be allowed, while this county is under military control, to furnish aid in any form to the members of any organization or their families in this county, unless the same is done through military channels. Major Thos. E. McClelland is Provost Marshal of this military district and he stands ready to receive from any person or organization any money or other supplies which are for distribution to any person rendered needy by reason of the military occupation of this county for the suppression of insurrection, and all money and other supplies so furnished will be applied to the relief of the persons above referred to.
Signed "EDW. VERDECKBERG,
"Colonel First Infantry, First Brigade, N. G. C.
"Commanding Teller County Military District in the absence of Brigadier General Sherman M. Bell."
The cause for the above order is due to the fact that after the union grocery stores in the district were closed by the military, the Western Federation of Miners, through its officials in Denver, made arrangements with the grocery house of John Kettelsen in Victor to furnish supplies to the destitute or needy families of miners' union members who were deported from the district.
Shortly before the order was issued the sum of $1,000 was sent to Victor to be distributed among the needy families. If the military imagined that the Federation would, after the foregoing order was issued, forward money to them in lumps of $1,000 at a time to be distributed by them to the strikers, they were disappointed as willing hands were found to distribute food and money without first having a permit from the military. Many women of the district braved the anger of the military commanders and did the work secretly that had been done openly before the order was issued.
The writer does not doubt the wisdom of the Federation in not heeding the order as the money would probably have been used by the military, as they openly boasted of eating the most delicate viands prepared and carried to the military prison by loving mothers, wives and sisters.
To feed and clothe the families of the deported miners was not on the program of the military junta. The plan was not to deport them with their supporters, for to thus publicly outrage women and children would create so hostile a sentiment that even the Mine Owners' Association and Peabody and his band of military rough riders could not withstand it. It was to starve them into departure from Cripple Creek, to go—it made no difference where, nor how they suffered, nor how or whether they survived.
Here are two items of news that were printed in the Denver papers of June 16th, that show that the foregoing statement is not in the least exaggerated, nor the cruel plans of the junta in the least magnified:
"Two women were brought before the military board last evening, Mrs. Margaret M. Hooten of Anaconda and Mrs. Estella Nichols of Cripple Creek. These women had been distributing supplies to union families and were warned that this would not be tolerated in the future. They were released after promising that they would cease helping the families of the deported miners.
"J. W. Ganley and J. W. Kettleson, grocers of Cripple Creek and Victor, were also brought before the military board and instructed not to sell any more groceries on Western Federation orders. These grocers had been honoring such orders when presented by the wives of deported miners. It was decided that henceforth all supplies must pass through the hands of Thomas McClelland, provost marshal of the camp.
"Here is a situation that should appeal not only to every individual mother of the state, but to the woman's clubs and the other woman's organizations. It is inconceivable that such brutalities should go unrebuked by Colorado's brave but tender women, however the hearts of Colorado men may be steeled to the cruel wrongs done to their helpless sisters."
The ways and means committee of organized labor of the state of Colorado sent the following communication to the Red Cross Society:
"Denver, Colo., July 18, 1904. "Mrs. John A. Logan, President National Red Cross Society, Washington, D. C:
"Dear Madam—As you are no doubt aware, Mr. James H. Peabody, governor of the state of Colorado, has at numerous times during the past fifteen months declared various counties in Colorado to be in a state of insurrection, and has called out the state militia and inaugurated war in said counties. At this time such a state of conditions prevails in Teller county. The fact is that, although the governor has placed Teller county under martial law, and has waged a relentless war against a class of citizens therein, no act upon the part of members of organized labor (whom we have the honor of representing), justified him in so declaring or doing.
"While the governor persists in declaring Teller county in a state of war, this war, is entirely one-sided, being carried on by the militia and others who are opposed to organized labor, the sole purpose being to terrorize union men and their families so as to compel them to sever their connections with the unions.
"However, be this as it may, truth is that our people are being subjected to all the cruelties that usually exist during actual war, the powers that be resorting to methods of abuse that would not be tolerated even against a foreign enemy in time of war. They do not hesitate to make war against defenseless women and helpless children in their mad desire to exterminate the unions. To this end, after having deported from their homes the husbands and fathers, they now refuse to allow relief in the way of food and clothing to be issued to the wives and children, unless it be through the hands of the military authorities. In proof thereof, I herewith submit copy of special military order No. 19, issued by Col. Edward Verdeckberg.
Special Order, No. 19, as printed above, followed.
"Now, since they have resorted to this method, which was entirely uncalled for, and which we believe was done for the sole purpose of breaking the spirit of the fathers through the sufferings of their wives and children, we do not feel justified in trusting the matter of relief to the military, feeling satisfied that owing to the hatred they have shown to our people they would not faithfully carry out this great trust.
"Now, therefore, we knowing it to be the mission of the Red Cross Society, of which you are the official head, to take charge of and as much as possible eliminate suffering caused by the cruelties of war, we earnestly appeal to you to arrange to have your noble organization take charge of the distribution of food and clothing to the families of deported citizens of Teller county. We will furnish all necessary supplies, and only ask that your organization take charge of the distribution of same.
"Hoping you will not turn a deaf ear to this appeal, but that you will give it your immediate and favorable consideration, I am, very truly yours,
(Seal.) "H. B. WATERS,
"Secretary-Treasurer Ways and Means Committee.
"Room 504 Exchange Building, Denver, Colorado."
No action was taken by the Red Cross Society.
The following telegram was sent by Secretary-Treasurer Haywood to President Roosevelt:
"Hon. Theodore Roosevelt, Washington, D. C:
"A duty devolves upon you as President of the United States to investigate the terrible crimes that are being perpetrated in Colorado in the name of law and order. We will render every possible assistance to the proper authorities in such an investigation, to the end that the people of the country may realize the outrages that are being inflicted upon innocent persons by those in temporary official power.
"W. D. HAYWOOD, , "Secretary-Treasurer W. P. of M."
The above was not the first or last telegram sent to the president, but all received the same treatment—no action.
From the 6th day of June to the 20th it is impossible to chronicle all that occurred exactly as they happened for startling events followed so fast that to record each in its proper date and place would be impossible. Many city and county officials besides the ones named were forced to resign; all property belonging to the W. F. M. was either destroyed or confiscated. Deportations became numerous, train loads of union men were lined up, photographed and then loaded on the train like so many animals and taken to remote parts of the state and in many eases to Kansas or New Mexico. Those left in the district were confined in stuffy bull pens, sweated, tortured by hanging and it was said hands were even placed in vises to force prisoners to give the desired information.
Following close upon the separation of husbands from their families came despair and hunger, to say nothing of the tacit understanding that after the co-operative stores were closed, no Citizens' Alliance merchant would supply the necessities of life to the luckless wives and babes of the beleaguered or deported miners. Merchants not identified with either the Citizens' Alliance or the Federation, on offering to supply means of subsistence, were compelled to withdraw the offer on threats of violence.
Even in the face of the outrageous proceedings of deporting men from families, there were phases that would have been comical had they not been so tragic. In one case a special deportation train was unloaded on the barren plains of a neighboring' state and after the men were all out of the train and the militia and others in charge were ready to start back to Victor, one man shouted defiance at the soldiers by saying: "Ten to one we beat you back to Colorado."
At another time when another deportation train had been unloaded just on the border of New Mexico, a similar scene took place.
Standing on the stone that marks the line between the state of Colorado and the territory of New Mexico, Charles Anderson, raised half a loaf of bread aloft and shouted defiance back at General Bell's soldiers: "Give me liberty or give me death."
Another deported Cripple Creek miner, who stood near him, started to sing: "Sweet Land of Liberty, of Thee I Sing." Others took up the words—just those two lines—without a tune, and they watched the soldiers and deputies from Cripple Creek who walked back over the alkali plain to their train, which was waiting a mile away.
One train carrying about fifty union miners was unloaded thirty-five miles from Tres Piedras, New Mexico, and six miles from Antonito, Colorado.
One train arrived at Canon City. Many people met the deportation train with baskets of dainty food and fruit for the prisoners, but the military forbid it being distributed.
Bell said, after sending out a train of union men, '' They need harvest hands in Kansas, and they can get eight weeks' work there and they can't come back here."
One of Bell's orders follows:
"Headquarters Teller County Military District,
"National Guard of Colorado,
"Victor, Colo., June 10, 1904.
"Special Order No. 6.
"To Colonel Leo W. Kennedy: You will proceed by the Colorado Springs & Cripple Creek district railway to Colorado Springs; thence via the Atchison, Topeka & Santa Fe railway to the east line of the state of Colorado, taking with you the parties on list herewith attached, and there deposit them without the state of Colorado, returning at once to these headquarters and make due report to me. By command of
"SHERMAN M. BELL, "Brigadier General Commanding Teller County Military District."
Relative to the deportation of miners from the Cripple Creek district, Adjutant General Bell issued a long statement. Among other reasons for his acts at Cripple Creek, are these:
"I deported these men from the Cripple Creek district because in my judgment it was a military necessity.
"I sent them to the Kansas line because I believed it to be the most effective method of ridding Teller county and the state of Colorado of an organized gang of assassins, dynamiters, anarchists and lawbreakers.
"More than that, I sent them out of the district for their own safety. Martial law and the presence of the military is all that has prevented these men from being lynched by the indignant citizens of Teller and El Paso counties. My men have even taken ropes from their necks and saved them.
"The deportation was the quickest way of restoring peace. I don't want these men in Colorado. They are the leaders and participants in the insurrection now existing in the Cripple Creek district and it is my business to break that up. That is exactly what I propose to do.
"What steps I take as military commander concerns nobody but myself and my commander-in-chief, the governor of the state.
"For ten years they have had this county terrorized. Since the beginning of the strike last August thirty-eight non-union men have been murdered. They have dynamited the Vindicator mine and caused two deaths. They placed 300 pounds of dynamite under the Independence station and murdered fourteen men and hopelessly crippled twenty others.
"They tampered with the machinery on Stratton's Independence mine, an English corporation, and dropped fifteen men 1,140 feet to the bottom of the shaft. The remains were picked up in little pieces. All of the men killed in these instances were men who would not affiliate with their organization, and all of the mines damaged had refused to employ members of the Western Federation of Miners.
"I took charge of the district last week and I proceeded to clean it up.
"I had more than 300 men thrown into the bullpen, and I had every one of them put through the 'sweatbox.' The confessions they made were appalling.
"Today I have absolute proof that will send a dozen local federation leaders to the scaffold, and twice as many to the penitentiary.
"The men I deported were indirectly concerned in these crimes. Those I am keeping are directly concerned."
From the above, it is clearly demonstrated that Bell's ability as a vindictive, malicious liar is possibly only exceeded by his conceit as a would-be military hero. In fact, it is hard to determine in which capacity he excels—that of a professional liar or a parody on a general.
Let us to some extent analyze his statement. He says that his militia prevented strikers from being lynched and that they had even taken ropes from their necks and saved them. This is a bare-faced falsehood as it is well known that in every instance where strikers and their sympathizers were led to lonely places, horse whipped and robbed of what valuables were on their person and compelled to travel afoot out of the district, members of the militia invariably took a hand. In not one instance did the militia prevent the lynching of any striker.
Every accident that happened in the district during the strike was by Bell laid at the door of organized labor. Take the incident of Stratton's Independence mine, where the cage dropped and killed a number of miners. Of this, Bell accused the strikers, in spite of the fact that the coroner's jury placed the blame to carelessness of the engineer and the neglect of the mine management in having failed to comply with the state law in providing proper safety appliances.
As to his statement that he has absolute proof that would send strikers to the penitentiary; suffice it to say that this proof never materialized and in not one instance has a single striker or union man been convicted of any of the crimes charged against them by Bell and others.
He states the truth, where he says: "I don't want these men in Colorado." The mine owners certainly did not want these men in Colorado; Bell being the instrument of the mine owners, naturally was inspired by them.
When the Independence horror occurred June 6th, the Western Federation of Miners were holding their annual convention in Denver, which had then been in session since May 23d. The writer went to Denver on the same train with the delegates to the convention from the district, among them being C. G. Kennison, Sherman Parker, and others prominent in the local organizations of the district.
Immediately upon the convention going into session June 6th, the explosion was discussed at length, and the Federation at once offered $5,000 reward for the criminals. The convention was unanimous in expression of right and denouncing the crime in strong language and the reward offered by the Western Federation, in convention assembled, was the first; others, however, followed the example later.
Notwithstanding the fact that Kennison left the district May 22d to attend the convention which went into session Monday, May 23, and continued until Thursday after the explosion.
Monday, June 6th, he was arrested in Denver, charged with murder. In the face of the fact that the prominent members of unions in the district were being deported, many of them were arriving in Denver at different times, the delegation to the convention remained in Denver, hoping that conditions would soon change and that they could return to their homes and families. However, that may be, it was announced that the entire executive board of the W. F. M. and many others were wanted for the blowing up of the depot.
June 13th Kennison was arrested in Denver by a deputy from the district. He protested and was very roughly handled. He was held for a short time and then taken to Teller county and put through the same "sweating" process as others that had won the same amount of hatred of the enemy. Mrs. Kennison and the babies were in Denver and the arrest of Kennison almost prostrated the wife, her health at that time being poor.
All kinds of rumors were sent out by the press in regard to treatment of prisoners—in many cases the worst was true. It was widely circulated that prisoners were tortured by being hanged until nearly dead, hands placed in vises until the prisoners were almost demented with pain, and it was said that some were even subjected to the "water cure." As to the truth of the latter, I can not say, but I know of sufficient cruelties to prisoners to make me believe that if the Citizens' Alliance did not use the "water cure" on prisoners it was not because of their goodness of heart, but because it did not happen to enter their heads when they were doing the sweating they so openly boasted of. C. C. Hamlin proudly stated in public that he held the rope that was used to force Sheriff Robertson to resign.
Friends, in Teller county, we had a revival of the tortures of the Spanish Inquisition, yea, and for the same purpose—to torture innocent men into confession of crimes of which the torturers themselves were guilty.
June 6th the following statement was given out by Frank J. Hangs, attorney for the Western Federation of Miners:
"The members of the local committee of the Western Federation of Miners authorize me to say that they deplore the diabolical murder committed this morning. They regret that thoughtless persons should charge this crime to the Western Federation of Miners, and say that the Western Federation of Miners did not have a thing to do with it. They are just as much shocked as the rest of the community. No man who deserves to live could or would approve the awful deed. The fiends who planned and carried out the devilish crime should be detected and punished to the full need of the guilt. This crime must be unearthed and the perpetrators punished. The committee and all local members of the Western Federation of Miners are ready and willing to assist in uncovering the guilty ones. We will use every endeavor to assist the authorities in their efforts, and we here tender the services of all our members. We will also join in the offering of a suitable reward for the arrest and conviction of the guilty persons.
(Signed) "DISTRICT UNION No. 1, W. F. M.
"By FRANK J. HANGS."
While the second week after the explosion was not marked by bloodshed, or any special disaster, there was plenty doing in military circles and with the mine owners and Citizens' Alliance to break the monotony. The chief events of the second week were about as follows:
Monday, June 13th—The arrest and imprisonment of Frank J. Hangs, attorney for the Western Federation of Miners, on the charge of "stirring up strife." He was held for some time and the only reason given was "military necessity." General Bell considered Mr. Hangs dangerous to the peace of the community, because of the fact that he was constantly advising the strikers.
Tuesday, June 14th.—Thirty-six men deported to New Mexico and there unloaded from their special car, and left to make the best of their environment.
Wednesday, June 15th.—The camp was visited by Henry George, Jr., of the Hearst syndicate, who expressed himself as being displeased with methods adopted by the Citizens' Alliance and its allies in disposing of so-called agitators.
Thursday, June 16th.—Moyer was released from the military prison at Telluride, turned over to the civil authorities and ordered to Cripple Creek for '"safe keeping."
Friday, June 17th.—Orders issued from military headquarters for turning in all arms, ammunition and supplies in the hands of unauthorized persons. Charles G. Kennison, president of No. 40, W. F. M., at Cripple Creek, confined in the county jail there had a serious attack of illness on account of treatment received there.
Saturday, June 18th.—Board of Inquiry moves its headquarters to county jail.
Sunday, June 19th—Was quiet, nothing more than the regular sweating of prisoners occurred. Crump announced that he was continuing his work of sweating the members of the W. F M. in county jail and making good progress and hoped to be prepared to produce some startling evidence when the time for the inquiry into the Victor riot came.
Thus ended the second week. It might be well to mention here that a county warrant for $2,000 payable to S. D. Crump had been ordered drawn by the county commissioners. This was the first of a series of five similar warrants which would have to be drawn to make up the $10,000 fee which Crump was to receive as remuneration for prosecuting the perpetrators of the Independence depot outrage, those who started the shooting and the persons who destroyed the Record plant.
A. E. Carlton and H. L. Shepard, a prominent mining broker and operator, went on S. D. Crump's bond in the sum of $10,000 for the faithful performance of his duties.
June 23.—Breathing a curse against Governor Peabody, Adjutant General Bell and the state administration which, by exercise of its despotic militarism, had driven him from his wife and babies, Emil L. Johnson, one of the miners recently deported from Cripple Creek, ended his life in the morning by inhaling gas.
For some time he had been despondent because the military refused to allow him to return to his family, and when he went to his room at 1646 Larimer street a short time after midnight he disrobed, turned on the gas and laid down on the bed to die. He was discovered about 9:30 by his brother, John T. Johnson, and Police Surgeon Holmquist was summoned. Despite the heroic efforts of the physician, Johnson died a few minutes after the arrival of the police ambulance. He was removed to the morgue.
The case was one of the most pitiable ever brought to the attention of the coroner. Johnson's wife and children, at Altman, had been refused provisions because of an order issued by General Bell. When Johnson heard of this he was driven almost to the verge of madness to think his innocent family should be made to suffer so much on account of his insisting on his rights. He brooded much over this, at times laboring under the hallucination that his family was starving.
The oldest child was six years of age. The youngest was only four months old and was the pride of its father's heart. Often while brooding over his troubles Johnson would bury his face in his hands and weep bitterly, pausing now and then to speak of the manner in which his four-months' old child would pull his hair and pat his face, and, although so young, calling "Da-da," and laughing in baby glee. Johnson applied to the military for permission to return to the gold district, but this was sternly refused. The suicide was the result.
When the union miners were started for the New Mexico line, Johnson was rudely awakened from his bed at his home in Altman at an early hour in the morning. Some soldiers entered and, intruding into the privacy of the family bedroom, roughly ordered Johnson to dress himself. When his wife attempted to kiss him good-bye she was seized by the soldiers and told to get back into her room and not to interfere.
Johnson was hurried from his home, half dressed, and with the despairing cries of his wife and babies ringing in his ears. They, never saw him alive again, and it was stated that when his wife had inquired of him from a soldier she was told that he had been given lashes over the back and sent across the line into New Mexico. The fear that his wife would end her life in despair was one of the terrors which haunted the persecuted man.
Johnson had lived in Altman for seven years, and was regarded as one of the best miners in the district. He had worked in several of the mines there and bore a good reputation as a citizen; he had never before been arrested, and enjoyed the regard of all his neighbors, as well as the city officials of Altman. He was about thirty-two years of age and came to Colorado from Minnesota about ten years ago.
June 28th.—In order to ascertain whether the men arrested were held as military or civil prisoners, Attorney Hangs, for the W. F. M., made application before Judge Seeds, of the district court, for a writ of habeas corpus, in behalf of L. R. Jenks, who had been secretly confined in the city jail for several days. At Victor the evening of June 28th, thirty-nine of the prisoners who had been confined in the bull pen were hurriedly placed on board a train and deported. This deportation caused much suffering to the relatives as the deportation was so hurriedly, so secretly carried out that they were not given an opportunity to say good-bye.
An attempt was made to land these men at Colorado Springs but upon the city officials objecting they were landed at Palmer Lake. Arrangements were made at that point to transport the men to Denver, where they arrived the following day. They were met at the depot by the officers of the Western Federation who had been notified of their coming, taken in charge and cared for. From that date as long as deportations continued many exiles made their way to Denver, some later on sending for their families who were all provided for by the W. F. M. The state ways and means committee provided the exiles with headquarters.
Mr. M. C. Parish, a retired farmer, related an experience he had with the militia, as follows:
"I can't say anything as to the merits of either side in Cripple Creek, for I don't know, but I do know of a few outrages the militia has perpetrated. The other day they came over to Mount Pisgah, where my wife and I had gone to visit our son. They said they were searching for guns and men. I don't know who any of the soldiers were, but the man in charge was called captain. The school teacher had closed her season's work and was en route to the railroad to take a train for home, but had stopped over night at the ranch house I speak of. The soldiers entered her room, looked under the bed, searched everywhere and commanded her to open her trunk.
"She insisted that it contained nothing but her personal effects, and asked the men to desist from going through a lady's wardrobe under the pretext of looking for guns. This was in Park county, too, mind you.
"Without further parley the order was given, a soldier took an ax and chopped off the lock of the trunk, and when it was opened it was turned bottom side up, the contents dumped on the floor and scattered.
"She begged them not to molest her letters, and they paid no attention. The captain read the letters and put some of them in his pocket.
"When they got through one of the soldiers told her she could pick up her belongings when she chose, and they left for Teller county.
"The same party held up my seventeen-year-old son, searched his room and took with them his target rifle and some cartridges he had brought out from Iowa.
"Military rule may be all right—I am not prepared to say; but this sort of thing is wrong in any land."
July 2.—Informations against forty-eight leaders and prominent members of the Western Federation of Miners were filed in the district court of Teller county, consequent upon the findings of the coroner's jury in the inquiry into the death of Roscoe McGee and John H. Davis who were killed in the Victor rioting on June 6. Sheriff Bell filed two direct informations in the district court charging murder, conspiracy to murder and assault to kill.
In the first complaint the men arrested were charged with the murder of Roseoe McGee, June 6, and the defendants in this case were Charles H. Moyer, president Western Federation of Miners; William D. Haywood, secretary-treasurer Western Federation of Miners; John C. Williams, vice-president W. F. M.; J. T. Lewis, L. J. Simpkins, James P. Murphy, D. C. Copley, James Kirwan, James A. Baker, members Executive Board Western Federation of Miners; John M. O'Neill, editor Miners' Magazine; Michael O'Connell, Charles Kennison, Sherman Parker, W. F. Davis, L. R. Jenks and about forty others.
The second information was filed against the same parties and charged them with intent to kill one Fred Studavoss.
"An inquisition holden [sic] at Cripple Creek, Teller county, state of Colorado, on the 27th to the 30th days of June, 1904, before George Hall, coroner of this county, upon the bodies of Roscoe McGee and John Davis by the jurors whose names are hereunto subscribed, said jurors, upon their oath do say:
"First—The jury finds that said Roscoe McGee came to his death in the city of Victor, in the county and state aforesaid, on the 6th day of June, 1904, by means of a gunshot wound inflicted, as the jury believes, by one Albert Bilat, fired by him, the said Albert Bilat, with felonious intent, he having been aided, abetted and encouraged in said crime by others as in this verdict hereinafter stated.
"Second—We find that the said John Davis came to his death in the city of Victor on the 6th day of June, 1904, by means of a gunshot wound inflicted by one William Boyle, and fired by him, the said William Boyle, with felonious intent, he having been aided and abetted in said crime by others as this verdict hereinafter states.
"Third—The jury further finds that upon the said day an armed body of men, about ninety, members of the Western Federation of Miners, assembled at Victor, in the said county, in the afternoon, pursuant to a prearranged plan, understanding the conspiracy, from different parts of said county, principally the city of Victor, the town of Goldfield, the town of Independence and the town of Anaconda.
"That said body of men so assembled were appointed special policemen for the city of Victor by one Michael O'Connell, the then marshal of said city, and were by him and through his influence furnished with badges of office, firearms and ammunition.
"That, while the act of deputizing said men gave them temporarily a color of office, the same was done and said body of men congregated and armed themselves for another and unlawful purpose, namely: to commit acts of violence, to override the law and to take human life; and that, in fact, the men so armed and deputized constituted an unlawful assembly or mob.
"That before the death of said Roscoe McGee and John Davis and before the commission of any overt act by said mob the said O'Connell was removed from office by the mayor of said city, and said mob were by the sheriff of said county publicly ordered to disperse and go to their homes, notwithstanding which a portion thereof, armed as before stated, and being about fifty in number, secreted themselves in and upon a building in said city, and used and occupied for the Miners' Union hall. That certain other members of said mob stationed themselves at different points on the streets and other places in said city, including the store operated in the interests of said Western Federation of Miners.
"That about 3 o'clock on said day a public meeting was in progress upon a vacant square in said city midway between Union hall and the said union store.
"That a riot was started by a member of said mob, to-wit: one Alfred Miller, when he attempted to shoot and kill C. C. Hamlin and others who were engaging in said public meeting, that thereupon many shots were fired, principally by the members of said mob, both from the front windows and roof of said union hall and from the front part of said union store and different points on the street, and that certain of such shots took effect, as herein above stated, causing the death of said Roscoe McGee and John Davis.
"That eight or ten other shots took effect in the bodies of as many citizens, grievously wounding them; in almost every instance said victims having been shot in the back. That the members of said mob who had gathered in and upon said union hall were under the immediate command of one Peter Calderwood, aided and assisted by P. J. Hall, G. M. Hooten, Mike Hannigan, William Johnson, W. E. Haskins, A. M. Weir, William Welsh, James Tedrow, J. R. Shoemaker, C. H. Say, Jack Cheby, Frank Chelan, D. T. Mitchell, Jerry O'Brien, Peter O'Neill, Tom Nolan, Lyman Nichols, Mark S. Nichols, P. J. Murphy, D. A. McCloud, Fred Minister, Thomas F. Lloyd, F. H. Greffer, John Brogan, Nick Voyle, William Voyle, Albert Bilat, D. A. Cameron, William Graham, J. I. Jenks, James Whalen. That during the progress of said riot the said Michael O'Connell, feloniously, wickedly and of his malice aforethought, fired upon and shot one J. J. Hosmer in the back with the intent then and there to take the life of the said Hosmer.
"That it was the evident intention of the leaders and members of said mob, as shown by the testimony and their own declaration, to shoot down and take the lives of citizens, called by them the mine owners.
"We further find from the evidence that the officials of said Western Federation of Miners are primarily responsible for the crimes committed as aforesaid.
"That by incendiary, unlawful and seditious statements officially promulgated and published they have incited, encouraged and abetted acts of violence and crime on the part of their members and officials and are chargeable with the said unlawful and criminal assembly and the crimes resulting therefrom.
"That among those who aided, abetted and incited the commission of said crimes are Charles H. Moyer, William D. Haywood, John C. Williams, J. T. Lewis, D. J. Simpkins, James P. Murphy, D. C. Copley, James Kirwan, James H. Baker and John M. O'Neill, and that each and every member of the said mob organized and armed by Michael O'Connell are jointly and severally guilty of the acts of violence committed in the said Victor, state of Colorado, on the 6th day of June, 1904.
"In testimony whereof the said jurors have hereunto set their hands the day and year aforesaid.
(Signed) "H. P. REITON, Foreman.
"F. A. PHIPPS, Clerk.
"P. L. THORSEN.
"G. C. BLAKEY.
"G. A. R. HALL, Coroner."
This same day, July 2, five more men were deported by order of the military commission. This made a total of one hundred and eighty-eight persons who had been deported by direct orders of the military commission.
At least five hundred others had left the district, some of whom had been warned to leave by members of the Citizens' Alliance and the hired thugs of the Mine Owners' Association; others left taking their families with them fearing they would be subjected to indignities at the hands of the would-be "law and order" elements.
On July 4th warrants were served by Sheriff Bell of Teller county, upon Charles H. Moyer, J. C. Williams, vice-president W. F. M., and James Kirwin, assistant secretary of the Federation. They were released on bond of $5,000 each. Other warrants were out against all persons charged by the coroner's jury as being implicated in the Victor riot of June 6th.
The warrants were made returnable to the district court of Teller county, September 20th, 1904.