Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-07-03
Alleged Confederate in Plot to
Blow Up Non-Union Boarding
House SWearS Orchard Alone
lnStigated Crime,
BULLPEN CAPTIVE TELLS
TALE OF HARSH USAGE
Held Sixteen Days in Solitary
Confinement Only to Be
Finally Driven Starving From
State of Colorado,

State of Colorado,
IBy Morning Journal Special Leased Wirc.l
Boise, July Max Malich, Joe
MehelicE and Billy Aikman, three OF
the men yariously implicated in al
legged misconduct at Globeville, Dem
yer and Cripple Creek, on the word of
Harry Orchard, went on the stand to-
day as witnesses for William d. Hay
wood and made denial Of Orchard 5
testimony. Malich swore that orchard
and not he suggested the inhuman
plot OF dynamiting a boarding house
full Of non-uniOn smeltermen at
Globeville. and that orchard originat-
ed the idea of killing William Me
Donold, one of Malich's business RI
walls. He said that he had been burn
ed by some mysterious acid thrown
into his house by an unknown hand.
but denied that the acid was really
the "Pettibone dope" that had been
left In his room by steve and Annie
Adams He also denied that Petit
bone dope" had been used in burning
his store. and testified that he was at
his ranch when the fire occurred. He
swore that orchard had told him that
but for Governor ,Sieunenberg he
would he rich and that he intended
10 kill Steunenberg. 81
Mehelich and Aikman, who follow
ed Malich, also made positive and
circumstantial denials of all the things
Orchard swore they did with him. The
cross-examinatiOn OF all three wit
nesses showed 0 purpose on the part
of the state TO further deal with their
testimony when the case in reDuttal
is reached. When Orchard is recalled
he will be asked TO give his version
of the alleged use of "Pettibone
doLe" in burning Malich's store at
Globeville. Another unusual feature
was contributed to this unusual crime
with its background of plots and
counter plots. criminal. industrial and
political by the appearance as a wit
ness for the defense of Haywood of
a brother of Detective James Nc
Partland who worked mp the case
against Haywood Meyer and Petit
Done and obtained Orchards confess
sion.
This Mcfarland IS a shoemaker at
Manitou. and ne came TO tell that
while he was following his peaceful
craft al Victor during the strike he
was unceremoniously taken from his
last by the militia, thrust into the
bull pen and then deported.
Eugene Engley. former attorney
general Of Colorado. swore that or
chard told him Of the loss of a rich
share ln the Hercules mine, and of
his intention to Kill Steunenbe
Engley told at great length how tie
military authorities at Cripple Cr, x
defied the processes OF the ci'
courts. how he was himself deportcd
from Telluride. where he went as
counsel for the federation and how he
was later deported from Cripple Creek
the dav the mob destroyed the union
store at Goldfield His entry into eN-
tended descriptions and minute de-
tails brought repeated objections from
the prosecution. and finally judge
lntervened To limit him 10 the mate
rial facts TO save the time Of the court
and jury.
The defense also produced Thomas
G Foster. now a bartender of Bisbee,
Ariz.. and who as "a union miner was
tried and acquitted az Cripple Creek
on the charge that he had attempted
to wreck q train on the Florence and
Cripple creek railroad Foster told
or his experience in the bull pen. an
attempt or Detectives -. G. Scott and
X. G. Sterling 10 force a confession
from him which was followed by sew
cnteen days solitary confinement. aud
his final flight from the district when
he walked sixty miles and tasted for
over thirty hours.
Max Malich was called 90 the stand
Immediately alters the opening Of
court today. He was smelterman al
Globeviile. Colo, az the time of the 4
strike IN 1903.
He was introduced to Harry or !
chard. whom he knew as Tom ho- /
gan" by Pinkerton detective NAMED I
4 W Gratias. In February. 1905. I
Malich said he did not know that
Gratias was a detective az that time, I
FOR he was acting as president of the I
local smeltermen's union.
Orchard was then living with steve .
Adams and his wife. and Malich had I
become the proprietor ~ small ho- I
tel enc bar.
Orchard testified while on the I
stand In this case that Malich had F.
suggested 70 him the blowing up ~ .
n hotel where $50 non-union miners .
were living. and had helped him 90 /
steal 1O0 pounds 81 dynamite from I
q he Union Pacific powder house.
MaHch declared today that this tes-
ilmouy was false. He said Orchard, T
or Hogan" came 20 him one day and /
safs.
What Is the matter with you folks 4
out here Scabs are getting the best
n you. WHY don't YOU blow thatN
d-- hotel OFF the earih7-
Match reuiied. Tom. wouldnt f
stand for q under any Circumstance
u YOU DO anything like that am /
going 20 denounce you" After this .
Orchard told him he was Just ioking. I
MaHch said he knew nothing about I
The taking of the powder.
TIE declared that two attempts were
made to burn his place ~ business.