, 1907-07-02
SAYS HE DID NOT HELP LATTER
STEAL POWDER FROM UN-
ION PACIFIC POW
DER HOUSE.
Was introduced to Prisoner-Witness
by Gratias, a Pinkerton Detective
Who Was Serving as President of
Local SmeItermen's Union-Was
on the Stand in Haywood Case 'for
the Greater Part of Forenoon.

Boise, Idaho, July 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 1903. He
was introduced to Orchard or Tom
Hogan by a Pinkerton detective nam.
ed A. W. Gratias in February, 1905.
Did Not Know Detective.
Malich said he did not know Gratias
was a detective at the time, for he was
acting as president of the local smell
ter union. Orchard was then living
with Steve Adams and his wife.
Helped to Steal Powder.
Malich had become the proprietor
of a small motel and bar. Orchard
testified that Malich had suggested to
him the blowing W Of a hotel where
$50 non-union miners were living, and
had helped him steal 100 pounds Of
dynamite from the Union Pacific pow.
der house.
Said story Was False.
Malich declared today that this tes.
timony vas false. He said that Or,
chard, or Hogan, came to him one day
and said: What is the matter with
you folks out here? The scabs are
getting the best Of you. Why don't
you blow that id hotel of the earth?"
Would Not stand for 1t.
He replied: tom, l wouldn't stand
for it under the circumstances. If you
do anything like that I am going to
denounce you"
Orchard Said 1t Was Joke.
After this Orchard told him he was
Just joking. Malich said he knew
nothing about the taking of the pow.
der. He declared that two attempts
were made to burn his place of bust,
ness, the last on April 2, 1905, after
Orchard had left Globeville.
Threw Acid Into Hotel.
Il had gone to my bedroom" 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, burn,
ing through to the bone.
Ran With His Son.
81 grabbed up my 3-year-old boy, who
was asleep, and ran out of the room
with him"
Denied Burning Himself.
Malich denied on cross-eXamination
that he burned himself with Petit,
bone dope while preparing to burn his
own store. and later burned it with
"Pettibone DOPE and that he agreed
to help Orchard with an alibi when he
killed Detective Lyle Gregory.
Denied Stealing Powder.
The next witness was Joe Meheliett
a member Of the Western Federation
He first met Orchard at Globeville in
January, 1905, but denied that he ever
assisted Orchard or Adams to steaI
powder from the Union Pacific powder
house or anywhere else.
Refused to Help Orchard.
He said he refused to go with Or
chard and help blow up the hotel which
he proposed to do. Meheliett said he
never talked with Orchard as to any
attempt on Governor Peabody or any,
body else.
Saw Orchard Next Month.
He say Orchard the month follow,
ing. At this time Orchard told him
the smelter company's store was TAX,
ing all his trade away from him. He
offered to do up" William Mcdonald,
proprietor of the store, for 500.
All the Trade He Wanted.
Malich said he told orchard he had
all the trade he wanted, and he
wouldn't have anybody killed on his
account. Malich next related a CONVEX,
sation he had with Orchard in a Turk
ish bath establishment, when Orchard
remembered his proposition about Nc
Donald.
Called Governor Vile Names.
He then got to talking to me about
Governor ~Steunenberg, called him vile
names, and said that if it had not
been for him he would be a million
aire."
store and Saloon Burned.
Malich said his store and saloon a
Globeville were burned down June 81
1905. He was on his ranch in Mont