Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-07-03
HAS NO KNOWLEDGE OF DOPE
Says Orchard Proposed Destroying
Nonunion Mems Hotel.
THREATS AGAINST sTEUNENBERa
Two Men Say Star Witness Said He
Would Kill Governor.
MPARLAND's BROTHER DEPoRTED
Relative of Detective who Worked
Up Case Tells of BeinR Taken
from His shoe shop by
the Militia.


from Isis shoe shop by
the Militia.
BOISE, Idaho, July 2.--Max Malich, Joe
Mehiliet and Billy Aikman, three Of the
men varlously implicated in alleged mis-.
conduct at Globevnle Denver and Cripple
Creek, on the word of Harry Orchard,
went to the stand today as witnesses for
William d. Haywood and made Denial OF
Orchards testimony. Malich swore that
Orchard and not he suggested the inhu-
man plat Of dynamiting boarding house
full OF non-union smeltermen at Globe
Vile, and that Orchard originated tho idea
Of killing William Mcdonald, one Of NAL
ichs business rivals. lie said that he
had been burned by some mysterious acid
thrown into his house by an unknown
hand but denied that the acid was really
'Pettibone dope" that had been left in
/ his room by Steve aud Annie Adams. He
also denied that "Pettbone dope had been
used in burning his store and testified
that he was at his ranch when the FIRE
occurred He also swore that Orchard had
! told him that but for Governor Steunen-
1rdl aordu aotimfwy aoimfwy aoigkjjjpp
| berg he would be rich and that he in
/ tended to kill Steunenberg Mehiliet and
Aikman, who followed Malich. also made
positive and circumstantiai denials OF all
the things Orchard swore they did with
| him.
Purpose of Defense,
| The cross-examinotion of all three wit
nesses showed a purpose on the part OF
the state to further deal with their testi-
mony when the case in rebuttal Is reached.
! When Orchard is recalled he will be asked
a.
"Pettibone dope" in burning Malich's store
at Globevllle.
Another unusual feature was contributed
to this unusual crime with it's background
Of plots and counter plots criminal. in
dustrial and political, by the appearance as
witness for the defense Of E. L. McPart-
land. brother OF Detective James MoPart-
land. who worked up the case against Hay
wood. Meyer and Pettibone and obtained
Orchards confession.
! This MCFARLAND is shoemaker at
Manitou and he came 10 tell that whiis
he was following his peaceful craft at
Victor during the strike he was uncere-
moniously taken from his last by the
militia, thrust into the bull PEN and
then deported.
More Threats of Orchard.
Eugene Englee. formerly attorney gen.
eGdl OF COlOfauO SWOfe tndl OTCndTu
him Of the loss Of a rich share in the
Hercules mine, of his intention to kill
Steunenberg. Englee told at great length
how the military authorities at Cripple
creek defied the processes OF the civil
courts how he himself deported from
Telluride, where he went as counsel for
the federation and how he was later de-
ported from Cripple Creek the day the mob
destroyed the Union store at Goldheld
| His entry into extended descriptions and
minute details brought many objections.
and finally the Judge intervened to limit
him TO the material facts to save the time
OF the court and jury
/ The defense also produced Thomas c.
Foster, now a bartender of Bisbee, Ariz.,
and who as a union miner was tried and
acquitted at Cripple Creek on the charge
that he had attempted to wreck a train
on the Florence & Cripple Creek railroad.
! Foster told of his experience in the bull
! pen," an attempt of Detectives Scott and
/ Sterling to force confession from him,
which was followed by seventeen days SOL
! itary confinement and his final flight from
| the district, when he walked thirty miles
and tasted for over thirty hours.
/ Testimony of MaIIch.
! Max Malich was called to the stand by the
: defense Immediately after the opening OF
court today. Malich is a carpenter and
miner. He was a smelter man at Globe
vile. Colo, at the time OF the strike IN
1903. Mslieh said he was an Austrian, as
were most Of the men In the Globeville
shelters
| Did you know a man named Harry
! Orchard, alias Thomas Hogan7" asked At
torney Richardson. who conducted the
examination.
! II was introduced to him as Tom Hogan
by Pinkerton detective named A. w.
Gratis"
Malich said he did not know that Gratis
was a detective at this time for he was
working secretly and was acting as presi-
dent OF the local smelter union. The wit
ness said It was IN February. 1905, that he
met Orchard. who was then living with
Steve Adams and his wife. Malich had
become proprietor Of a 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 l60 nonunion
miners were living and had helped him
steal 100 pounds OF dynamite from the
Union Paeihc powder house Malich de-
clared that the testimony was all false
He said Orchard. OF Hogan, came TO him
one day and said:
What is the matter with you folks out
4
you Why don't you blow that d-n hotel
/ on the earthT'
Said He Was Joking.
He said Tom / wouldn't stand for Il
under the circumstances. II you do any
thing like that I am going to denomce
YOU"
Z Afterward. the witness said Orchard told
\ him he was Joking. Malich said he knew
nothing about taking any powder from
Z the Union Pacific. The witness was once
member OF the city council OF Globeville.
! He declared two attempts had been made
10 burn his place Of business. the last on
April q. 1905, after Orchard had left
Globeville. There had been a card party
in the hall Of the hotel on the night OF
the 9TH, Malich said. given by the ladies'
auxiliary. in charge o. strike relief.
: Il lad gone 10 my bedroom 20 retire"
said the witness, when somebody threw
bottle OF acid or something through the