The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1907-07-05
MAKES DIRECT DENIAL
Another Witness at Boise flatly
COntradictS Orchard.
KNEW LATTER AS TOM HOGAN

3e8teo Blowing vi oodro'
lnghouse and Also Proposed Killing
Business Rival Of Witness for $780,
Boise, Ida, July 3.-In the Haywood
trial here Max Malich, another Of the
men implicated by the testimony of
Harry Orchard, made his appearance
as a witness in behalf of William D.
Haywood. He directly contradicted
all of Orchards story relating to him.
Malich was the leader of the Austrian
smelter workers at Globeville and
conducted a saloon and store and hotel
there during the strike. Orchard tes-
titled that Malich proposed to him
that he dynamite a hotel at Globeville
filled with nonunion men and offered
him 500 to blow up the store of Will
lam Mcdonald, a business rival, and
privately informed the prosecution
that Malich had burned himself with
"Pettibone dope" while preparing to
burn his own store and had later
burned his store with "Pettibone
DOPE. and chat Malich had agreed to
help him with an alibi when he killed
Detective Lyle Gregory.
Malich swore that Orchard had pro-
posed destroying the %nonunion hotel
and the killing of Mcdonald and that
he had refused to have anything to
do with either crime. He also denied
all knowledge of "Pettibone dope" or
it's use in his store and swore that
Orchard told him that but for Gov
ernor Steunenberg he would be a rich
Malich was called to the stand
Immediately after the opening of
court. Malich is a carpenter and
miner. He was a smelterman at Globe
vile, Colo, at the time Of the strike
in 1903. Malich said he was an Aus
trian, as were most of the men in the
Gloheville shelters.
Malich said he knew Orchard under
the name of Thomas Hogan. He was
introduced to him by a Pinkerton de-
tective, A. w. Gratias. Malich said
he did not know Gratias was a detec-
tive at the time, for he was working
secretly and vas acting as president
E the local Smelter union. The wit
ness said it was in February, 1905,
that he met Orchard, who was then
living with Steve Adams and his wife.
Malich had become proprietor of a
small hotel and bar at this time.
Orchard testified when on the stand
that Malich had suggested to him the
blowing up of a hotel where $50 nom
union miners were living and had
helped him steal 100 pounds of dyna-
mite from the Union Pacific powder
house. Malich declared that the tes-
timony was all false. He said that
Orchard, or Hogan, came to him one
day and said:
Proposed Blowing UP Hotel.
what is the matter with you folks
out here; the scabs are getting the
hest of you? Why don't you blow
that d-n hotel off the earth?"
He said he replied:
"Tom, l wouldn't stand for it under
the circumstances. If you do any
thing like that 1 am going to denounce
YOU"
Malich said he knew nothing about
the taking of any powder from the
Union Pacific.
Malich testified that he next saw
Orchard in May, 1905. This time
Orchard told him the smelter com
pany's store was taking all his trade
away from him. He offered to "do
up William Mcdonald, the proprietor
of the store, for 500. Malich said he
told Orchard that he had all the trade
he wanted and he would not have
anybody killed on his account. The
next time he saw Orchard was when
the man was writing hail insurance.
He lent Orchard $50, which was sent
back to him from ROCKFORD. Asked
as to Orchards financial condition the
winter he lived with Steve Adams
Malich said he had to let Orchard
have money five or six times, being
paid back when the latter made a
raise" at gambling.
x Malich then told of Orchard accom-
panying him to a bathhouse, where the
latter again suggested doing up"
Billy Mcdonald, but Malich declared
he did not want anything like that
done for him. Orchard, he said, then
got to talking about former Governor
Steunenberg and said that It 1t had
not been for him he would have been
a millionaire. Asked II 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:
II never saw a boom in my life"
Malich also testified that two I'M
successful attempts made to
blow up or burn his place of business
while running a store in competition
with the mine company's store. It
finally destroyed by fire June Fl,
1905. while he vas absent on his
ranch in another part Of the state.
The witness was cross-examined by
Senator Borah. He was required to.
trace his movements from the time OF
lis arrival in this country In the early
eighties down to the present time.
McParland's Brother Testifies:
4 The next witness for the defense
l4Gs&E. A-.oc IT, ,,,oc