Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-07-03
the last, on April 81. 1905, after Or
chard had loft GIohhvitIa


three feet in front of me and some
of the fluid splashed on my right
wrist, burning through to the bone.
l grabbed my three-year-old boy, who
was asleep, and ran out of the room
with him."
He saw Orchard the month follow
ing. This time Orchard told him
that the smelter company's store was
taking all his trade away from him.
He offered to do up" William Me-
Donald, proprietor of the store, for
S100.
Malich said that he told Orchard he
had all the trade he wanted, and he
wouldn't have anybody killed on his
account
Malich next related a conversation
he had with Orchard in Turkish
bath establishment when Orchard re-
membered his proposition about Me-
Donald,
He then got to talking to me
about Governor Steunenberg, and
called him vile names. and said If it
had not been for him, he (Orchard)
would be a millionaire"
Malich said that his store and sa-
loon in Globeville burned down on
June 81 1905. He was on his ranch
lin Montrose county, 434 miles from
Denver, at the time. Asked If he ever
talked to Orchard in regard to, or as
sisted him In making bombs for
Judges Goddard and Gabbert. or any
one else, Malich called out ripple of
laughter by replying Il never saw
bomb in my life"
Malich denied on cross ss-examination
that he burned himself with Petit
bone dope" while preparing to burn
his own store, and later burned it
with "Pettbone dope" and that he
agreed to help Orchard with an alibi
when he killed Detective Lyte Gregory.
The next witness was Joe Mehelich,
member of the Western Fedora
ton. He first met Orchard in Globe
Vile, Colo, in January, 1905, but de-
MED that he ever assisted Orchard or
Adams to ,steal powder from the
Union Pacific powder house or any
where else.
/. He said he refused to go with Or
chard and help blow up hotel
which he proposed to do Mehelich
said he never talked with Orchard as
to any attempt on Governor Peabody
or anybody else.
The next witness was Edward L..
| Mcfarland, a brother of Pinkerton
Detective James MCFARLAND, who has
been in charge of the work of secur-
ing evidence for the state.
The witness said he was not a
member of the Western Federation of
Miners, but a shoemaker by trade.
He was at work in his shop in Victor
on the day of the riot following the
Independence depot explosion.
After the shooting started, McPart-
land said that five men came to his
shop and said that they wanted him.
He was marched between lines Of
/ soldiers to a train and taken to Colo
RADIO Springs, where he and several
hundred miners were transferred to
the Santa Fe road and taken within
short distance of the Kansas line.
The engineer refused to take the men
across the line.
after we left the train three vol.
| leys were fired over our heads and
we were told never to come back"
said Mcfarland. I'VE were in the
fields some time when along came a
train which slowed down. The en-
gineer asked us il we were deported
men, He then told us to get aboard,
and he took us into Holly, Colo,
where we remained for some time"
William Aikmap. of Wonder, New,
implicated by Harry Orchard in the
( placing of bomb in the Vindicator
/ mine at Cripple Creek, was the first
| witness called after luncheon. Ak
man. who has been a member of the
| Western Federation of Miners since
1898, absolutely denied that he had
helped Orchard place any bomb any
where. He declared he knew nothing
of the Vindicator explosion until after
| ii occurred
Aikman was in the Cripple Creek
| bull pen for ten days or two weeks.
| He said he once worked for q short
time in the Vindicator mine. Follow
( ing his release from the bull pen. Ak
| man said he was held in the county
! jail for three months. He was never
I tried for anything.
Aikman maintained that he knew
absolutely nothing about an attempt
on the life Of Governor Peabody.
He asserted that he had never had
any connection with Orchard or any
one else In any criminal act
! Alkman said on cross-examination
that he and steve Adams were all
ways good friends He denied that he
| tice Goddard. Justice Gabbert and
Sherman Bell lived in Denver. He
knew Pettibone quite well and went
to his store quite often.
Thomas G. Foster. of Blsbee. Ariz,
was the next witness.
Foster said he was arrested by the
militia at Cripple Creek and taken to
the bull pen. where he was kept elgh-
teen days. No charge was ever made
against him.
Subsequently he heard that he was
wanted on a charge of attempting to
wreck a train on the Florence and
Cripple Creek railway.
The detectives told him that a man
named Mckinney had confessed to the
train wrecking and implicated him.
He was told to confess, and It would
, be made easy for him.
II told them I had nothing 10 con-
| fess so they put me In solitary con-
finement for seventeen daysS was
finally tried along with Mckinney.
and we were both acquitted" said
Foster
The defense here introduced as q
witness Eugene Engley. former attor-
ney general of Colorado. 10 testify as
10 conditions In the Cripple Creek dis
trict during the strike period OF 1909
4 o. Much Of General Engley's testl-
m0ny was objected to by the prosecu-
tion as hearsay and many of his
statements were stricken out
General Engley told Of his deporta-
tion. from Telluride and later from
! Cripple Creek The witness was in
strucied by the court to cut out as
much detail as possible.
There Is no necessity Of keeping
the court and jury here listening to all
these circumstances. declared Judge
Wood. "If the witness was deported,