New-York tribune., 1907-07-10

TO TESTIFY 1T BOISE.
Effort of Defence to Sho5c Plot to
Manufacture TestimOny.

Boise, Idaho. July 9-The defence in the Steunen-
berg murder case to-day charged that Detective
James MCFARLAND has been guilty of an attempt to
manufacture testimony against William ID. Hay
wood, but unsuccessful in getting the basis
and details of the charge before the court and
jury.
Aiva A. Swain. a newspaper correspondent who
represents The Pueblo Chieftain' at Denver. was
called to the stand and questioned to a con-
vevsation he had with Detective Mcfarland I'm Den
YER last fall Senator Borah. for the state, OBJ
iected 10 the conversation the ground that no
foundation had been laid for It.
Clarence Darrow. for the defence who ex-
anning swain explained that the testimony was
offered to show that there existed conspiracy be-
tween the mine owners and the Pinkertons to
cure a conviction and execution of the prisoner
McParland approached this witness in attempt
believe we have right TO show it"
Judge Wood said there nothing in the evil
dence that furnished proper foundation for the
Introduction Of such testimony. and sustained the
states objection. The defence took exception,
and said they would make another attempt later
10 OBTAIN tho admission Of Swains testimony
Counsel for tho defence evidently counting
reaching the matter through MCFARLAND himself
but 1t IS probable that the state will not call Nc
Parland a witness.
II is claimed by the defence that Mcfarland told
Swain that he had 4 letter from Harry Orchard
Saying that when Haywood paid him for the Vim
diCator Job he took him of the Denver
banks 10 draw the money. and that when they
came out OF the bank Swain standing az the
door and saw them. u is said that Swain told
Mcfarland that he could not remember the Incl
the Importance or il evidence. and significantly
urged him TO recall Il and become witness in the
Detective MCFARLAND denies thar he ever sug-
gested anything improper to Swain He says he
got the letter as described by Orchard. who wrote
that Swain was at the door OF the bank on the dav
IN question, there being the bank. and
that he believed Swain might remember seeing
them. He says that when he 10 see Swain
the latter said that he would not tell whether Ne.
remembered the incident or not and asked for an
other interview MCFARLAND declares that he
haV and 4
Swain.
Allen F. Gill. formerly master mechanic OF the
Tiger and Poorman mine. and later City Engineer
or Spokane. and his wife Mrs. GIL were also
witnesses for tho defence to-day They Jointly re-
lated that Harry Orchard attempted 10 sell them
Ills interest In the Hercules mine February and
March. 1899. which just prior TO his departure
from the Cour d'Aienes and Mr.. GIN. who saw
Orchard i'm Spokane a month before he killed
Steunenberg testified thar Orchard said that IL
was because of stemeEberg that he lost his in
terest in the Hercules
other than the interest and RELIEF afforded bv
tho introduction or the three witnesses named the
entire day given the reading Of the
rest Of the San Francisco dispositions. The men
who built the linforth flats the plumbers who
put in the lighting system. the fremeu who came
after the explosion, and the contractors and the
who repaired the house all deposed az great
length and detail The weight OF their tales seer,
70 favor gas explosion but Of the testi-
mouy was conclusive. and the whole question in
volved Will be fought before and decided by the
jury The last OF the depCuents knew Harry
Orchard and from him heard the story Of thu
Hercules mine. Win the usual threat that he
going TX Steunenberg for driving him SUI OF
the country.
Charles y. Mover. 2r~sdeu: Of the Western Fed
Grafton Of Miners. viii I've brought from tho county
Jail tomorrow 10 give testimony in behalf OF his
co-d-fendant. IL is expected that lie Will be called
shortly after 10 o'clock and that it will take about
all the rest of the day for both sides complete
their examination Of him.
There is a chance that he may finish in time To
permit tho calling of Haywood. but the chances
are that the defence will shape its arraugetents
10 call him on Thursday morning. rather than
the close OF possibly irving day