The Montgomery advertiser., 1907-07-03
ORCHARD Is
 REPUDIATED Many Witnesses Testify in Haywood Trial. LAUGHTER IN COURT ROOM Witness Gets Much Mixed in His
 Dates. Brother of chief Detective McPariana of the rinkertons Was CalieA
 to the stand to
 Testify.
LAUGHTER IN COURT ROOM

Boise, Idaho, July 2.-Max Malich, Joe Mehliet and Billy Aikman, three of the men variously implicated in the alleged illegal conduct of Globeville, Denver and Cripple Creek on the word of Harry Orchard, went on the stand today as witnesses for William D. Hay wood and made denial of Orchards testimony. Maltch swore that Dr. chard and not he suggested the inhu- man plot of dynamiting a boarding house full of non-union smeltermen at Globeviile, and that Orchard origin ated the Idea of killing William Mc- Donald, one of Maiich's business rivals. He said that he had been burned by somk mysterious acid thrown Into his house by an unknown hand, but denied that this acid was really Pettipone dope" that he had been left In his room by Steve Adams and Annie Adams. He also denied that re..i- bone dope" had been used in burning his store, and testified that he was at his ranch when the fire occurred. Ho also swore that Orchard had told him that but for Governor Steunenperg ne would be rich, and that he intended to kill Steunenberg. MA
 MehIiet and Aikman, who followed Malich. also made positive and GIT cumstantial denials of all the things orchard swore they did with him. The cross-examination of all three Wit nesses showed a purpose on the part of the State to further deal with their case when the case In rebuttai is reached. When Orchard Is recalled he will be asked to give his version or the alleged use of "Pettibo1e dope Tn burning Malich's store at Globeville.
 An unusual feature was contributed to this unusual crime with it's background of plots and counter-picts, criminal, industrial and political, by the ap- raaraY,ce as a witness for the defense of E |. McPariand. brother of Detec- tive James Mcfarland. who worked np the case against Haywood, Mover and Pettibone. and obtained oFcnaros
 This Mcfarland is a shoemaker at nGaniton, and he came to tell that wniie he was following his peaceful craft at Victor during the strike. he was un- tremendously taken from his place py the militia, thrust into the "puii pen and then deported.
 Eugene Englee, formerly Attorney General of Colorado, swore that or chard told him of the loss Of DIE share in the Hercules mine, of his in- tention to kill Steunenberg. Ensiee toId at great length how the military Authorities at Cripple Creek dened the processes of the civil courts, now ne was himself deported from Teliurios' where he went as counsel for the Feo7 aration- and how he was later deported from Cripple Creek the day the moo dastroyed the union store at Goidnelo- His entry into an extended expianaSion ana minute details brought repeateo objections from the prosecution ano 6naIIv the court intervened to nmit him to the material facts 10 save 'ne time of the court and Jury.
 GAyN4m.
 Max Malich was called to the stand after the opening of court in the Hay wood case today. Malich IS carpeu- ter and miner. He was smsiter he4' at Globeville. Colo, at the time or the strike in 1903. Malich said he was an Austrian as were most Of the men 'n the GlobevilIe smelters
 Did you know man named Harry Orchard, alias Thomas HoganT asked Attorney Richardson. who conducted the examination,
 ~ was introduced to him as Tom Hogan by Pinkerton detective named , A w. Gratias."
 Malich said he did not know that Gratias was a detective at this time for he was working secretly ana was acting as president of the local smel- ter union. The witness said 1t was in February, 1905, that he met Orchard, who was then living with Steve Adams  and his wife Malich had become pro- prietor of e small hotel and bar at this time Orchard testified. it will be remembered that Malich had suggested to him the blowing up of hotel where 150 non-union miners were living and had helped him steal 100 pounds of dy- mantle from the Union Pacific powder house. Malich declared today that the testimony" was all false. He said that orchard or Hogan came to him one day and said:
 'FWhat is theD matter with you folks out here, troops are getting the best of you. Why don't you blow that d. hotel off the earth
 He said he replied:
 rom, I wouldn't stand for 1t under the circumstances. if you do anything like that am going to bounce you"
 After this the witness said orchard told him he was joking.
 Malich said he knew nothing about taking of any powder from the Union