New-York tribune., 1907-07-03


was fixed at 1897 and MaIich left the stand.
The next occupant of the witness chair was Joe
-heheIlch, who also is a native Of Austria and a
IoIlher smelterman Mehelch is now miner and
q member OF the Western Federation of Miners
He said he first met Harry Orchard at Globevtne
IN January, 1865, but denied that he had ever as
sisted Orchard Adams steal powder from the
Union Pacific powder house anywhere else.
Did you ever have any conversation with Or
chard about blowing UP a hotel?"
ORCHARD PLANNED TO BLOW UP HOTEL.
Yes, sir. Orchard came to me one day and
asked me If could tell him how the hotel was
situated I had worked there two years and told
him what knew. He then asked me IL did not
want TO come along and help him blow it UP.
told him no; that wouldn't stick any finger in it,
as never intended to kill anybody"
Mehelch said he talked with Orchard as TO
any attempt on Governor Peabody or anv one else
On cross examination Meheich said he had once
travelled with steve Adams for several weeks He
had only talk with Orchard regarding the blow
ing up Of the hotel. Orchard said it was the only
way TO get rid of the scabs" Mehelich said he be-
heved Orchard was in earnest and he told Max
Malich about it. Mahlich told him not to get
mixed up IN anything like that for he could live
without killing anybody. The witness said he was
not at Globeville the time Of the Malich fire.
The next witness for the defence aroused unusua!
interest. He was Edward L. MCFARLAND, brother
OF the t1nkerton detective who has been IN charge
OF getting evidence for the The witness said
he was not a member of the Western Federation
OF miners but shoemaker by trade. lie
work in his shoe shop in Victor the day of riot
there following the Independence station explosion
After the shooting started MCFARLAND said five
men came to his shop and said they wanted him.
He was marched between lines of soldiers TO the
train and taken 10 Colorado Springs. where he and
several hundred miners transferred to the
Santa Fe road, and taken within short distance
OF the Kansas line The engineer of the train
fused to take the men the state line
After we left the train three volleys were fired
over our heads, and told TO never come
back" said MCFARLAND. I'VE went into the fields
foT some time, when along came a train which
slowed down. The engineer asked us if we were
the deported men. He then told get aboard
and he took US into Holly, COL where we remained
for time"
Did you ever go back 10 Victor?"
/ NO, SIR
On cross-exarnination MCFARLAND said he could
no' identify any one who did any shooting in the
Victor riots
At this point luncheon recess was taken.
William Aikman. OF Wonder, New, implicated
by Harry Orchard IN the placing Of a bomb in the
Nindicator mine at Cripple Creek, the first wit
ness caileo arter luncheon AtkTnan. who has been
a member Of the Western Federation Of Miners
since 1898. absolutely denied that he had helped
orchard place any bomb anywhere. He declared
he knew nothing of the Vindlcator explosion until
after 1t occurred. Aikman in the Cripple Creek
buIpen for ten days or two weeks He said he
once worked for short time in the Vndicator
mine. Following his release from the "bullpen."
AikInan SAID, he held in the county jail
three months. He never tried for anything.
How did you manage TO set out?" asked Mr.
Darrow.
SIX BITS TO GET OUT OF "BULLPEN."
Well. don't know" replied Aikman. They
took me TO the Sheriff's Office day and charged
me six bits and let go
Did you pay the six bits?"
Yes. sir I borrowed tt
Aikman maintained that he knew absolutely moth
ing about an attempt on the life OF Governor Pea
body. He asserted that he had never had any con
nection with Orchard or any else IN any crimI-
nal act.
Aikman said on cross-exanination that he and
steve Adams We're always good friends. lie
also friendly with 'Owney' Barnes He denied that
he knew where Governor Peabody, Justice Cod
dard Justice Gabbert and General Sherman Bell
lived in Denver. lie knew Pettibone and
his store often. lie got relief from the fedora
ton but doubted that he received It through Petit
bone.
witness. He said he wes bartender. but had
been q miner al Butte and Cripple Creek. and
a member Of the Western Federation OF Miners.
Foster said ne was arrested by the militia at Grip
pie Creek end taken to the "bulpen." where he
kept eighteen days. No charge ever
made against him.
Subsequently he heard that he was wanted on
a charge OF attempting 20 wreck train on the
Florence and Cripple Creek Railway. Cavalry sur
rounded his house. and he WAS told that he could
either leave the country or give himself up 70 the
authorities He surrendered the civil authori-
ties and remained in jail from November IS until
the following February. One. day he was taken
out 10 an ofice building where he met s. s Scott,
detective Of the Florence and Cripple Creek Rail
road, and K. Sterling, detective Of the Nine own
ers Association. The two detectives told him that
a man named Mckinley had confessed to the train
wrecIing. and implicated him. He was told 10
confess and it would be made easy for him
CONFINED AND THEN ACQUITTED.
81 told them had nothing 10 confess, they
put me in solitary confinement for seventeen days.
were both acquitted" said Foster
The defence here introduced as . witness EugeTe
F-nglee former Attorney General Of Colorado. TO
testify as to the conditions IN the Cripple creek
district during the strike period OF 1eoS-'0 Much
Of General Englee's testimony objected 10 by
the prosecution hearsay and many OF hls state
7nerts were stricken out. Senator Borah was on MS
feet most Of the time. He said the state L6d no
objection TO the defence proving what the condl-
tions were but he tired OF hearing witness
after witness going upon tho stand and giving their
personal conclusions
From this time forward Occurred Senator
Forah we going 20 insist that the rules OF
evidence be strictly adhered to-
Mr. FnRlee said ne had been called upon by Hay
wood 10 defend some OF the members OF the West
ern Federation Telluride. He told OF the organi-
cation OF the Citizens Alliance ana the Mine own
erg' Association and the bringing Of gun men
into the district. More less trouble followed the
arrival of the gun men" and militia Speaking OF
habeas corpus proceedings instituted 10 reLoVe
mon from the ''bullpen." Mr. Englee said:
''On the day Of the hearing OF the habeas corpus
proceedings the prisoners were brought TO the
courthouse by the militia. Ghtling gun was
mounted"
There is no necessity OF keeping the court and
fury here listening all these circumstances" de-
cIared Judge Wood IF the witness was deported
you show 1t
denortatton. When asked II he was socialist
ne said: IF you that favor the restoration
10 the human family of a planet now largely con-
Ascated bv few q socialist"
THE cross-exarlination was then ended and court
adjourned until tomorrow morning
MOVER AND HAYWOOD REELECTED.
Denver July 2-Charles H Meyer retained
TFY Iory, TT9. 4