Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1907-07-02
PICK ORCHARDS
STORY TO PIECES
Defenses w illnesses
Make Him Out
a Liar
MAL|CH GOOD WITNESS
Brother of Detective McPart-
land Testifies For
Haywood.

Elhy WOOu'
Boise. July Max Mallch was
called to the stand Immediately after
the opening of court in the Haywood
trial today. He was smelterman OF
Globeville, Colorado, at the time OF
the strike in 1908. He was introduced
to Orchard as Tom Hogan by Pink
erton detective named Gratias in Feb
ruary. 1905. Malich said he did not
know Gratias was detective at the
time for he was acting as the presl-
dent of a local smelter union, Orchard
was then living with Steve Adams
and his WIFE Malich had become the
proprietor of a small hotel and bar
Orchard testified that Malich had
suggested to him the blowing up OF
the hotel where $50 non-union miners
were living and had helped him steal
100 pounds of dynamite from the
Union Pacific Railroad powder house.
Malich declared today this testimony
was false. He said Orchard or Hogan
came to him one day and said "What
is the matter with you folks out
here? The scabs are going to get the
best of you. Why don't you blow that
id hotel off the earth?"
Malich said he replied: 20, Tom,
I wouldn't stand for it under any cir
cumstances. If you do anything like
that I am going to denounce you
After this he said Orchard told him
he was just joking Malich said he
knew nothing about taking the pow
der. He declared that two attempts
were made to burn his place of bust
ness. The last one was on April 9th,
1907, after Orchard had left Globe,
vile.
II had gone to my bed room,' said
the witness, when somebody threw
bottle of acid or something through
window The bottle burst about
three feet in front of me and some
fluid splashed on my wrist burning
through to the bone. I grabbed up my
3-year-old boy who was asleep and
ran out of the room with him.
Offered to Kill Man for $500.
He saw Orchard the month follow.
ing. time Orchard told him the smell
ter company's store was taking all his
trade away from him. He offered to
do up William Mcdonald, proprie-
tor Of the store for 500. Malich said
he told Orchard he had all the trade
he wanted and he wouldn't have any.
body killed on his account. Malicn
next related the conversation he had
with Orchard in a Turkish bath estab
lishment, when Orchard remembered
his proposition about Mcdonald.
"He then got to talking to me about
Governor Steunenberg, called hin
vile names and said if it had not beer
for him he would b. a millionaire.
Malich said his store and saloon al
Globeville burned down June 2l, 1905
He was on his ranch in Montrose
County, 434 miles from Denver, at the
time. Asked If he ever talked to Or
chard with regard to or assisted him
in making bombs for Judges Goddard
and Gabbert or anything else, Malicf
called out a ripple of laughter by
replying: 81 never saw bomb in m!
life yet"
Malich denied on cross examination
that he burned himself with "petti
bone DOPE while preparing to burr
mis- own store and that he agreed t
help Orchard with an alibi when HI
killed Detective Lyte Gregory.
McParIand's Brother Testfies.
The next witness was Edward L
MCFARLAND, a brother of Pinkertol
Detective James MCFARLAND who ha
been in charge of securing evidenc
for the state. The witness said HI
was not member of the Western
Federation of Miners, but was a shoe
maker by trade. He was at work IL
his shop in Victor on the day of tn,
riot following the Independence depo
explosion. After the shooting start
ed MCFARLAND said five men came t,
his shop and said they wanted him
He was marched between lines of sol
diers to train and taken to Colorad
Springs where he and several hun
dred miners were transferred to tn
Santa Fe road and taken within
short distance of the Kansas line. Th
engineer refused to take the mel
across the line.
after we left the train three vO
leys were fired over our heads am
we were told never to come back,
said Mcfarland I'VE were in til
fields some time when along came
train which slowed down. The engir
eer asked us If we were deported mer
He then told us to get aboard and h
took us into Holly, Colorado, wher
we remained some time"
A recess was taken at this poin