The Mena weekly star., 1907-07-04
CDNIRAD|CIED ORCHARD
Max Malich of Globeville, Gives Testimony in Behalf of W.
 D. Haywood.
DENIED IMPLICATION IN WRONG OoINs
Orchard Had Charged the Witness With Various Grimes in Connection With the Miners Strike Witns ss Declared Orchard Had Made Threats Against Gov. Steunenbere.

Against Gov. Steuncnber9.
 Boise, Id, July 3.--Max Malich, another of the men implicated by the testimony of Harry Orchard made his appearance Tuesday as a witness In behalf of William D. Haywood He directly contradicted all of Orchards story relating to him. Malich was the leader of the Austrian snests.- workers at Globeville and conducted a saloon and store, and hotel there during the strike. Orchard testified that Malich proposed to him that he dynamite a hotel at Globeyille filled with non-union men and offer ed him $100 to blow up the store of William Mcdonald, business rival, and privately informed the prosecu- tion that Malich had burned himself with "Pettibone dope while prepar- ing to burn his own store, and had later burned his store with Petit bone dope" and that Malich had agreed to help him with an alibi when he killed Detective Lyte Greg o<y.
 Malich swore that Orchard had proposed destroying the non-union hotel and the killing of Mcdonald and that he had refused to have any thing to do with either crime He also denied all knowledge of Petit bone dope" or its use in his store and swore that Orchard had told him that but for Gov. Steunenberg he would be a rich man and that he would kill him.
 The witness was cross-examined by Senator Borah. He was required to trace his movements from the time of his arrival in this country in the early eighties down to the present time. He first met George A. Petit. bone when Pettibone was selling clothes wfingers and rugs. He de- nied ever having given Pettibone his proxy to the 1903 convention of the Western Federation of Miners.
 How long was it that you went out to your ranch before your saloon and the business place burned down?" asked Senator Borah. Three days" Did you have talk with Orchard just before leaving?" No. sir" How much insurance did you have on the placer" About $5,500." Hadn't some goods been taken from your place just before the fire and taken to Pettibone's store P No, sir" Did you believe Orchard was in earnest when he proposed blowing up that hotel?" Yes. un- til he told me he was joking" Up to that time you thought he was q pretty bad man?" "Yes, did"
 And after this didn't you agree to back Orchard in the saloon business ?, T said would stand good for him for $500 or s400 but I would not go over that"
 The next occupant of the witness chair was Joe Mehliet, who also is native of Austria and former shelter man. Mehliet is now a miner and a member of the Western Federation of miners. He said he first met Harry Orchard at Globeville in January 1905, but denied that he had ever assisted Orchard or Adams to steal powder from the Union Pacific powder house or anywhere else.
 The next witness for the defense aroused unusual interest. He was Edward L. Mcfarland, a brother of Pinkerton Detective James McPar- land who has been in charge of se- curing evidence for the state. The witness said he was not a member of the Western Federation of miners, but shoe maker by trade. He was at work in his shoe shop In Victor the day of the riot there following the In- dependence depot explosion. After the shooting started Mcfarland said five men came to his shop and said they wanted him. He was marched be- tween lines of soldiers to the train and taken to Colorado Springs where he and several hundred miners were transferred to the Santa Fe road and taken to within short distance or the Kansas line The engineer Of the train refused to take the men acroos the state line.
 After We left the train three vol levs were fired over our heads ana wa were told to never come back said Mcfarland. We were in the fields some time when along came train which slowed down The engi- deen asked us if we were the deported men He then told us to get aboard and he took us into Holly, Co., where we remained for some time. !,
 Did you ever go back to Victorf -'No, sir" ,,.p..,.ra so,d he could not identify any one who did any shooting in the victor r,ots. At this point luncheon recess until 1:sO D. m. was taken.
 customs Receipts Increase.