The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-02


rose county, 434 miles from Denver al
this time.
Asked if he had ever talked to Or
chard with regard to or assisted him in
making bombs for Judges Goddard and
Gabbert or anything else, Malich caused
ripple of laughter by replying:
Il never saw a boom in my life
yet"
Senator Borah. He was required to
trace his movements from the time of
his arrival in this country in the early
sos down to the present time. He first
met George Pettibone when Pettibone
was selling clothes wringers and rugs.
He denied ever having given Pettibone
his proxy to the 1903 convention of the
Western Federation of Miners.
How long vas it that you went out to
your ranch before your saloon and bus
mess place burned DOWN." asked Sena-
tor Borah.
The Acid Incident.
Three days"
Did you have talk with Orchard
just before leaving?"
mo, sir"
How much insurance did you have
on the placer"
About $780,
recently?"
No
Hadn't been some goods been taken
from your place just before the fire
anu ~ L CNSAOOAiO . SSOAO-
No, SIR
You never heard of that?"
NO, SIR
There was a fire in your place the
day after the saloon and business part
was burned?"
Yes. sir, they told me so.''
Malich next was questioned as to the
acid incident.
Didn't you go to Pettibone's store
with your burned hand bandaged up
and didn't he laugh at you and didn't
you reply: It's not so - funny?'
II don't remember any conversation
with Pettibone about my hand"
Didn't Pettibone say to you, You
don't want to monkey with my dope?
No, sir
moved away from Globeville, didn't they
bring some bottles over to your place
and leave them in your bedroom and
wasn't it one of these bottles you got
hold of and thought it had come through
the Window
Say, do you honestly think I Would
leave anything like that in my room af-
ter the doctor told me what it was "
asked Malich in reply and in injured |
tones.
NO, not after you once got hold of it,"
said Senator Borah.
Then go ahead" remarked Malich |
amid laughter.
He declared that the Adamses had |
never left anything at his place so far |
is he knew.
Believed Orchard in Earnest.
did you believe Orchard was in earn
st when he proposed blowing up that |
lotel?"
Yes. until he told me he was joking"
up to that time you thought he was
pretty bad man?'
Yes, did,
when Orchard proposed killing Will
lam Mcdonald did you believe he really
would kill him if you gave him $100?"
Yes, I thought he would either do it
II beat me out of the 800 and not do
After this didn't you agree to back
Orchard in the saloon business?"
Il said I would stand good for him for
800 or $400 but it would not go over
hat
Didn't Orchard come to you the night
4yte Gregory was killed and say to
-ou: Max, if I am arrested for this you
re to remember was about your place
,laying cards.
NO, sir, Lyte Gregory was killed in
904 and 1 never saw Orchard until in
ate 1905.''
On redirect examination Attorney
richardson said to the witness:
You told Senator Borah you first
net Pettibone in 1887. You meant
S97, didn't you?"
yes, SIR replied Malich, "I meant
9s7.'
When the laughter had finally sub
1ded the date was nxed at 1881 ana
Ialich left the stand.
The next occupant of the witness
hair was Joe Meheliet. who also is a
ative of Austria and former smelter-
nan. Meheliet is now a miner and a
member of the Western Federation of
Iiners. He said he first met Harry
orchard at Globeville in January,
905. but denied that he had ever as
listed Orchard or Adams to steal I
owder from the Union Pacific powder
ouse or anywhere else.
Did you ever have any conversation
nth Orchard about blowing up {
otel?" {
He Was Not Killer.
YES sir. Orchard came to me one I
ay and asked me if 1 could tell him
ow the hotel was situated. 1 had
Torked there two months and told t
i'm what 1 knew. He then asked me I
elp him blow it up. 1 told him no;
hat I wouldn't stick my finger in it as
never intended to kill anybody"
Meheliet said he never talked with
richard to any attempt on Gov
rnor Peabody or anybody else.
On cross-examination Meheliet said
e had once Travelled with Steve Ad-
ms for several weeks. He had but
ne talk with Orchard regarding the
lowing up of the hotel. Orchard said i
was the only way to get rid of the {
scabs.' Meheliet said he believed Or 6
hard was in earnest and he told Max :
[alich about it. Malich told him not
get mixed up in anything like that l
" he could live without killing any c
ody. Witness said he was not at G
lobeville at the time of the Malich
re.
Meheliet first met Orchard through :
elective Gratias. He knew nothing of : :
lie circumstances of the falling OUT :
Orchar and Steve Adams, but un- I
erstood it was over business affairs. :
McParIand's Brother Testifies. t
The next witness for the defense
reused unusual interest. He was Ed
ard L. MCFARLAND, brother of 4
inkerton Detective James MCFARLAND | :
no has been in charge of securing
-idA1lna for the state j