The Birmingham age-herald., 1907-07-03
WITNESSES DENY
 ORCHARDS STORY
CONTINUED FROM PAGE 1)

 ~----~--~~--~~~-~>-~~-~-- ton the winter he lived with Steve Ad- ans, Malich said he had to let Orchard have money five or six times, being paid later when the latter made "a raise at gambling. Orchard and Adams bought the cheapest foodstuff in the store.
 Malich next related conversation ne had with Orchard in a Turkish bath es- tablishment.
 q was taking baths for rheumatism, said the witness rom met me one day when I was going to take a bath and said he wouldn't mind having a clean wash himself, so l took him along. lie again told me I was easy to let the olope Mercantile company continue business when I might have the trade in my gro cery department. He said all l would have to do was to leave Billy McDonald to him. told him again l did not want anything like that. He then got to talk ing to me about Governor Steunenberg and called him vile names and said If IL had not been for him he would nave been millionaire. He said he had to sell his interest in the Hercules mine for $5D and get out of the country. l told him 1t did not make any difference how much money he had he would lose it all at faro anyway"
 Never Saw a "Boom."
 Malch said his store and saloon at 1 Globeville was burned down June 2l, 1895. | He was on his ranch in Montrose county. | ASA miles from Denver, at this time Asked 1 if he had ever talked to Orchard with regard to or assisted him in making bombs for Judges Goddard and Gabbert or any one else, Malich caused a ripple | of laughter by replying: "I never saw a boom m my lIe. The witness was cross examined by Sem ator Borah. He was required to trace his movements from the time of his ar rival in this country in the early eighties down to the present. He first met Petit bone when Pettbone was selling clothes wringers and rugs He denied ever hav- ing given Pettibone his proxy to the l%4 convention of the Western Federation or Miners
 How long was it after you went out to your ranch before your saloon and the business burned down?' asked Senator Borah.
 "Three days
 "Dd you have talk with Orchard Just before leaving?"
 NO sir"
 How much insurance did you have on the place?'
 About $5SOO."
 Had you taken out some insurance re- cently?"
 NO"
 Hadn't some goods been taken from your place just before the fire and taken to Pettibone's sbre?"
 NO, sir.
 There was ire in your place the day after the saloon and business part burn ed?"
 "Yes, sir: the told me so."
 Aid Incident.
 Malich next sas questioned as to the acid incident
 Didn't you 70 to Pettlbone's store with your burned lands bandaged up and did not he laugh It you and didn't you re- py. It's not 10 - funny"
 "I don't remember anything of the con versation witt Pettibone about my hand
 Didn't Petbone say to you. You don't want to mon,ey with my dope ?''
 No. sir"
 When Steye Adams and his wife moved away from ilobevlle, didn't they bring some bottlesover to yo,r place and leave them in you bedroom, and wasn't it one of these bottles you got hold of and thought it lad come through the win dow?"
 Say, do yu think l would have any thing like hat in my room after the doctor told ne what 1t was?" asked Ma lch, in repr and in an indignant tone
 Not afte once getting hold of it, said the se,ator
 Ahtl SV hhtad, itihhi hNN ehp "Al- ness abHS
 he declard that Adams had never left anything a his place so far as he knew
 Did youbelieve Orchard was in earn est when De proposed blowing up that hotel?"
 es, unl he told me he was joking"
 up to tat time. you thought he was bad mar
 "Yes, lld.'
 When orchard proposed killing Will liam McDnald, did you believe he would really killhim?"
 Yes. I,thought he would either do it beat ine out of the $100 and not To Back Orchard.
 And ater this didn't you agree to back orcard in the saloon business?"
 T saidI would stand good for him for 80 or H00 but I would not go over that" "oidnt Orchard come to you the night | Lyte GrSory was killed and say to you. Max, if am arrested for this you are to remenber I was about your place playingf 'ards?"
 No, Sir; Lyte Gregory was killed in 1904 anal never saw Orchard until 1905"
 On r'-direct examination, Attorney Richardon said to the witness: ''Youg old Senator Borah you first met Pettiboie in 1887. You meant 1897, didn't you?"
 Yes. sir replied Malich. 'I meant 1997"
 Wher the laughter had finally sub sided te date was fixed at 1897 and Ma lich let the stand.
 The ext occupant of the witness chair was Je Mehliet. who also Is native | of Autria and former smelter. Mehliet Is nov a miner and member Of the | Westea a Federation. rIe said he first met | Harry Orchard at Globeville January, | 1905, Tut denied that he had ever as- si- ed Orchard or Adams to steal pow der fnm the Union Pacific powder house | or an where else.
 '0 you ever have any conversation with Orchard about blowing up hotel? Ie. sir. Orchard came to be one day | and 'sked me if I could tell him now the eftel was situated. I told him what l knw He then asked me if didn't want to come along and help him blow 1t up told him no: that I wouldn't SUCK any ihger in it, as I never intended to kill rybody.''
 Get Rid of Scabs. Meleit said he never talked with Dr. char as to any attempt on Governor d D~x &-nN