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

O(QlC vi OUlUI QuUI
IBy Morning journal Special Leased Wire.l
Boise, July Max Malich, Joe
Mehelich and Billy Aikman, three of
the men variously implicated in al
legged misconduct at Globeville, Den
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 s
testimony. Malich swore that Orchard
and not he suggested the nhuman
plot of dynamitng a boarding house
full of non-uniOn smeltermen at
Globeville, and that Orchard originat-
ed the idea of killing William Nc
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 Steunenberg he
would be rich, and that he intended
to kill Steunenberg.
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-eyamination OF all three wit
nesses showed a purpose on the part
Of the state to further deal with their
testimony when the case in rebuttal
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 witt
ness for the defense of Haywood of
n brother of Detective James Nc
Partland, who worked up the case
against Haywood Meyer and Petit
bone and obtained Orchards confess
sion
This Mcfarland is shoemaker at
Manilou, and ne came TO tell that
while he was following his peaceful
craft at Victor during the strike he
was unceremonlously 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 rio h
share In the Hercules mine, and ~
his intention to kill Steunenbe z.
Engley told at great length how e
military authorities at Cripple Gre X
defied the processes of the civ II
courts, how he was himself deportc ]
from Telluride, where he went as
counsel for the federation and how he
was later deported from Cripple Creek
the day the mob destroyed the union
store at Goldfield. His entry into ex-
tended descriptions and minute de-
tails brought repeated objections from
the prosecution, and finally the judge
intervened to limit him TO 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 at Cripple Creek
on the charge that he had attempted
to wreck a train on the Florence and
Cripple Creek railroad. Foster told
of his experience I'm the bull pen. an
attempt Of Detectives d. c. Scott and
X. G. Sterling to- force a confession
from him which was followed by sew
cnteen DAYS solitary confinement. and
his final flight from the district. when
he walked sixty miles and tasted for
over thirty hours.
Max Malich was called to the stand
Immediately after the opening Of
court today. He was,a smelterman at
GlObeville, Colo, at the time of the
strike In 1908.
lie was introduced TO Harry Or
chard, whom he knew as tom Hoo
gan" by Pinkerton detective named
A. w Gratlas, in February. 1905.
Malleh said he did not know that
Gratias was a detective at that time,
for he was acting as president OF the
local smcltermen's union.
Orchard was then living with Steve
Adams and hia wife. and Mallch had
become the proprietor Of a small ho-
tel and bar
orchard testified while on tho
stand In this case that Malich had
suggested TO him the blowing up OF
a hotel where $50 non-unlon miners
we're living, and had helped him to
steal 100 pounds Of dynamite from
the Union Pacific powder house.
Mallch declared today that this tes-
tlmony war false. lie said Orchard.
or Hogan" came 10 him one day and
said:
What Is the matter with you folks
out here? scabs are getting the best
Of YOU. Why don't YOU blow that
d. hotel off the earth?"
Mallch replied. "Tom. wouldn't
stand for II under any circumstances.
II YOU do anything like that. I am
going to denounce YOU" After this
orchard told him he was lust joking
Malleh said he knew nothing about
the taking Of the powder. 49,
Ne declared that two attempts were
made to burn his place Of business