The Birmingham age-herald., 1907-07-03
Three Swear Dynamiting Plot
 Not Theirs
CALL P|NKERTONS BROTHER
MePartland, Peaceful Shoemaker, Says He Was Put In Bull Pen-Attor- ney General Tells of Unlaw-
 fuI Acts of Militia.

Boise Idaho, July Max Malich, Joe Mehlict and Billy Aikman, three of the men varously implicated in alleged dep relations of Gloheville, Denver and Colo rado City, on the word of Harry Or chard. went on the stand today wit nesses for W. D. Haywood and made de- nial of Orchards testimony. Malich swore that Orchard and not he suggested the inhuman plot of dynamiting boarding house full of non-union smelter men, at Globevile and that Orchard originated the idea of killing William Mcdonald, one of Malchs business rivals. He said that he had ben burned by some mysterious acid thrown into his house by an un- known hand, but denied that this acid was really Pettibone dope that had been left in his room by Steve Adams and Annie Adams
 He also denied that "Pettbone dope had been used in burning his store, and testified that he was at his ranch when the fire occurred. He also swore that Orchard had told him that but for Gov ernor Steunenberg he would be rich and that he intended to kill Steunenberg.
 Mehlict and Aiken who followed Ma lich, also made positive and circumstan- tal denals of all the things Orchard swore they did with him. The cross examination of all three witnesses show ed purpose on the part of the state to further deal with their case when the lse in rebuttal is reached.
 / When Orchard is recalled he will be z sked to give his version of the alleged use of 'Pettibone dope in burning Ma lich's store at Globeville.
 An unusual feature contributed to this unusual crime with it's background nf lot, md afnr tAlnt crif T,aI in dustrial and political, by the appearance as a witness for the defense of E. l.. McPartland, a brother of Detective James Mcfarland. who worked up the case against Haywood, Mover and Petit bone and obtained Or hards confession. ss.-.This McPartland is a shoemaker at Manitou, and he came to tell that while he was following his peaceful craft at Victor during the strike, he was uncere- moniously taken from his place by the militia, thrust into the bull pen and then deporteG.
 eral Of Colorado, swore that Orchard told him of the loss of big share in the Hercules mine; of his intention to hill Sternenberg. Engle told at great length how the military authorities at Colorado City defied the processes of the civil courts, and how he was himself deported from Telluride. where he went counsel for the federation. and how he was later deported from Colorado City the day the mob destroyed the union store at Goldield. His entry into an extended review and minute details brought re- peated objections from the prosecution, and firally the court intervened to limit him to the material facts to save the time If the court.
 MaIich on the Stand.
 Max Malich was called to the stand im- mediately after the opening of court to- day. Malich is a carpenter and miner. lie was smelter man at Globeville, Colo, at the time of the strike in 1903 Malich said he was an Austrian as were most of the men in the Globeville smelters.
 Did you know man named Harry Orchard, alias Thomas Hogan?" asked Attorney Richardson, who conducted the examination.
 T was introduced to him as Tom Hogan by a Pinkerton detective named A. w. Gratias."
 Malch said he did not know that Gratias was d detective at this time, for he was working secretly and was acting president of the local shelter union. The witness said 1t was in February, 1905, that he met Orchard who was then liv- ing with Steve Adams and his wife Ma lich had become proprietor of a small ho- tel and bar at this time.
 Orchard testified, it will be remembered
  ing up of hotel where 15O non-union miners were living and had helped him steal 100 pounds of dynamite from the Union Pacific powder house. Malich de- clared today that the testimony was all false. He said that Orchard, or Hogan, came to him one day and said:
 Blow Up Hotel.
 What is the matter with you folks out here. the troops are getting the best of you. Why don't you blow that d-d hotel of the earth?"
 After this the witness said, Orchard said he was joking
 Malich said he knew nothing about talk ing of any powder from the Union Pacific The witness was once member of the city council of Globeville. He declared two attempts had been made to burn his place of business; the last on the 27th of April, 1sO5, after Orchard had left Globeville.
 There had been a card party in the hall of the hotel the night of the 27th. Malich said, given by the ladies auxiliary in charge of strike relief
 Bomb Through Window.
 "I had gone to my bedroom to retire." said the witness. when somebody threw a bottle of acid or something through the window. The bottle burst about three feet in front of me and some of the fluid splashed on my wrist. burning through to the bone. I grabbed up my three-year-old boy, who was asleep and ran out of the room with him. When he went back the room was filled with smoke from the carpet which was smold- ering''
 Malich declared he was never able to find out who attempted the outrage. He saw Orchard in the month following. This time Orchard told him the smelter com 4,lyf .f from him. He offered to do up Will liam Mcdonald, the proprietor of the store for $100. Malich said he told Or chard that he had all the trade he wanted and he would not have anybody killed on his account. The next time he saw Or ehard was when the man was writing hail insurance. He lent Orchard S30 which was sent back to him from Rocky Ford.
 Loaned Orchard Money.
 Asked as to Orchards financial condi- ~----------~--~-~~~----- ~--------~>->-----------