The Montgomery advertiser., 1907-07-10
WAS TAKING
 TESTIMONY Charges Against Detee- tive Mcfarland. NEWsPAPERMAN A WITNESS Said Fly Cop Tried to Get ts
 Him. Little Interest in Haywood Trial Most of Day Being Devoted to the Reading of Frisco
 Depositiona.'

Boise, Idaho, July 9.-The defense in the Steunenberg murder case today charged that Detective Jsmes McPar- land has been guilty of an attempt to manufacture testimony against William D. Haywood, but was unsuccessful in getting the basis and details of the charge before the court and jury.
 Ava A. Swaine, newspaper cores pondent who represents The Pueblo Chieftain at Denver was called to the stand and questioned as to a conversa- tion he had with Detective Mcfarland in Denver last fall. Senator Borah for the State objected to the conversation on the ground that no predicate had been laid for it.
 Clarence Darrow for the defense, who was examining Swaine explained that the testimony was offered for the pur- pose of showing that there existed a conspiracy between the mine owners and the Pinkertons to secure a convic- ton and execution of the prisoner. 'McParland approached this witness with an attempt to manufacture testi- mony." he declared and I believe we have a right to~show it."
 Judge Wood said there was nothing in the evidence that furnished a prop CT foundation for the introduction of such testimony and sustained the States objection. The defense took an exception and said they would later make another attempt to secure the ad- mission sf Swatpe's testimony.
 Claims of Defense.
 It is5 s5claimed by the defense that Me- Parland told Swaine that he had a let ter from Orchard saying that when Haywood paid him for the Vindicator job he took him to one of the Denver banks to draw the money and that when they came out of the bank Ewaine was standing at the door and saw them. It Is said that swaine told Mcfarland that he could not remember the incident. whereupoh Mcfarland im- pressed him with the importance Of 1t as evidence and significantly urged him to recall 1t and become q witness in the case.
 Detectives Mcfarland denies that he ever suggested anything improper to Swaine. He says he got the letter as described by Orchard, who wrote that Swaine was at the door of the bank on the day in question, there being run on the bank and that he believed Swafne might remember having seen them. He says that when he went to see Swaine. the latter said that he the incident or not. and asked for an- other interview. Mcfarland declares that they dropped the matter and he did not again see Swaine.
 Allen F. Gill. formerly master me- chanic of the Tiger and Poor Mans Mine, and later engineer of Spokane. and his wife, Mrs Gill, were also wit nesses for the defense today. They Jointly related that Harry Orchard att tempted to sell them his interest in the Herculas Mine in February and March, 1899. which was just prior to his departure from the Couer d'Alenes and MT. Gill, who saw Orchard in Spokane a month before he killed Steunenberg, testified that Orchard said that it was because of Steunenberg that he lost his interest in the Her rcules. Other than for the interest and relief afforded by the introduction of the three witnesses named. the entire day was given over to the reading of the rest of the San Francisco deposit tions. The men who built the Linforth Hats, the plumbers who put in the lighting system, the firemen who came after the explosion and the contractors and their men who made the repairs, all deposed at great length and de- tail. The weight of their tales seem to favor a gas explosion, but none of the testimony was conclusive a5d the whole question involved will be fought before and decided by the jury.
 With the prospect that another day