Los Angeles herald., 1907-07-03
THREE SWEAR
ORCHARD S STORY
IS AN UNTRUTH
More Witnesses Say
Tale Is False
Attorneys for w. D. Haywood Put Mer
on the Stand to Refute Testimony
of Star Witness-Detective's
Brother Gives Evidence
BY Associated Press.

| by ASSOCldleu
BOISE, Idaho, July MAX Malich.
Joe Mehelich and Billy Aikman, three
of the men variously implicated in
alleged misconduct at Globeville, Dem
yer and Cripple Creek on the word of
Harry Orchard, went on the stand to-
day as witnesses for w. D. Haywood
and made denial of Orchards testi-
mony.
Malich swore that Orchard and not
he suggested the inhuman plot of
dynamiting a boarding house full of
non-union smelter men at Globeville,
and that Orchard originated the idea of
killing William Mcdonald, one of
Malich's business rivals. He said he
had been burned by some mysterious
acid, thrown into his house by an un-
known hand, but he denied that this
acid was really "Pettibone DOPE" that
| it had been left in his room by Steve
and Annie Adams He also denied
that "Pettibone dope" had been used
in burning his store, and testified that
he was at his ranch when the fire oc-
Cured. He also swore that Orchard
had told him that but for Governor
Steunenberg he would be rich, and that
he intended to kill Steunenberg.
Mehelich, who followed Malich, on
cross-eXamination also made positive
and circumstantial denials of all the
things orchard swore he did with him.
The oss-eXamination of all three
witnesses showed a purpose on the
part of the state to further deal with
the testimony when the case in rebuff
tai is reached.
When Orchard is recalled he will be
| aSl<Pd fn criVp his IF fl1o q
use of "Pettibone dope" in burning
Malich's store at Globeville Another
unusual feature was contributed to this
unusual case with it's background OF
plots and counterplots, criminal, indus
trial and political, by the appearance
as q witness for the defense of w. H
MCFARLAND, brother of Detective
James MCFARLAND, who worked ur
the case against Haywood, Meyer and
Pettibone and obtained Orchards con-
fession.
Detectives Brother Testifies
This MCFARLAND 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 un-
tremendously taken from his last by
the militia, thrust into the bull PEN
and then deported.
Eugene Englee, former attorney gen.
eral of Colorado, swore that Orchard
told him of the loss of rich share in
the Hercules mine and of his intention
to kill Steunenberg. Englee told at
great length how the military authori-
ties at Cripple Creek defied the pro-
cesses OF the civil courts, how he was
himself deported from Telluride, where
he went as counsel for the federation,
and no = he was later deported from
Cripple Creek the day the mob de-
stroyed the union store. His entry into
extended descriptions and minute de-
tails brought repeated objections from
the prosecution, and finally the judge
interviewed to limit him to the material
facts to save the time of the court and
jury.
] The defense also produced Thomas
C. Foster, now a bartender of Bisbee
Ariz., and who as union miner was
tried and acquitted at Cripple Creek on
the charge that he had attempted tc
wreck train or the Florence & Grip
pie Creek railroad Foster told of his
experience in the "bull pen," an at
tempt of Detective D. C. Scott and X
Sterling to force a confession from
him, which was followed by seventeen
days of solitary confinement and his
final flight from the district when he
walked thirty miles and tasted for over
thirty hours.