Los Angeles herald., 1907-07-10
CONSPIRACY
is ALLEGED
BY DEFENSE
Darrow Endeayors to
Prove Evidence
Concocted
Testimony of Newspaper
Man Is Not
Admitted
Haywood's Attorneys AIIege Reporter
Was Significantly Urged to Re-
call Incident and Become
Witness in Case
Ry Associated Press.

BOISE, Idaho, July 9.-The defense In
the Steunenberg murder case today
charged that Detective James Mcfarland
has been guilty of an attempt to manu-
facture testimony against William D.
Haywood but was unsuccessful in get
ting the basis and details of the charge
before the court and jury.
Alva A. Swain, newspaper correspon-
dent, who represents the Pueblo Chief
tain at Denver. was called to the stand
and questioned as to a conversation he
had with Detective MCFARLAND in Den
yer last fall' Senator Borah of the state
objected to the conversation on the
ground that no foundation had been laid
for it.
Clarence Darrow, for the defense, who
was examining Swain, explained that the
testimony was offered for the purpose
of showing that there existed con-
spiracy between the mine owners and the
Pinkertons to secure the conviction and
execution of the prisoner.
MCFARLAND approached this witness in
an attempt to manufacture testimony"
he declared, land 1 believe we have a
right to show it,
Judge Wood said there was nothing
in the evidence that furnished proper
foundation for the introduction of such
testimony and sustained the states OBJ
lection. The defense took an exception
and said that 1t would later make another
attempt to secure the admission of
Swain's testimony. Counsel for the de-
fense are evidently counting on reaching
the matter through MCFARLAND himself
but it is quite probable that the state
will not call MCFARLAND as witness.
Denies improper Suggestion
1t is claimed by the defense that Nc
Parland told Swain that he had letter
from Harry Orchard saying that when
Haywood paid him for the Vindicator
job he took him TO one of the Denver
banks to draw the money and that when
they came out of the bank Swain was
standing at the door and saw them. 1t
is said Swain told MCFARLAND that he
could not remember the incident. where
upon MCFARLAND impressed him with the
Importance of it as evidence and sig
nicantly urged him to recall it and be-
come a witness in the case.
Detective MCFARLAND denies that he
ever suggested anything improper to
Swain. He says he got the letter as
described by Orchard, who wrote that
Swain was at the door of the bank on
the day in question there being a run
on the bank, and that he believed Swain
might remember having seen them. He
says that when he went to see Swain
the latter said that he would not tell
whether he remembered the incident or
not, and asked for another interview.
MCFARLAND declares that be then dropped
the matter and did not again see Swain.
Allen Gill; former master mechanic of
the Tiger and Poorman mine, and later
city engineer of Spokane, and wife, Mrs.
Gill, were also witnesses for the defense
today. They jointly related that Harry
Orchard attempted to sell them his in
terest in the Hercules mine in February
and March. $780, which was just prior
to his departure from the Occur d'Alenes,
and Mr.. Gill, who saw Orchard in Spo-
kane a month before he killed Steunen-
berg, testified that Orchard said that 1t
was because of Steunenberg that he lost
his interest in the Hercules mine.
Read Deposition
Other than for the interest and relief
afforded by the introduction of three
witnesses named the entire day was
given over to reading the rest of the San
Francisco depositions. The men who
built the Linforth flats, the plumbers
who put in the lighting system, the fire.
men who came after the explosion and
the contractors and their men who made
the repairs all deposed to great length
and detail. The weight of their tales
seemed to favor a gas explosion, but
none of the testimony was conclusive,
and the whole question involved will be
fought before and decided by the jury.
The last of the deponents knew Harry
Orchard and from him heard the story
of the Hercules mine, with the usual
threat that he was going to fix Steunen-
berg for driving him out of the country.
Charles H. Meyer, president of the
Western Federation of Miners, will be
brought from the county Jail tomorrow
to give testimony in behalf of his CO.
defendant. 1t is expected that he will
be called shortly after 10 o'clock, and 1t
will take about all the rest of the day
for both sides to complete their exam
ination Of him.
There is a chance that he may finish
in time to permit the calling Of Haywood,
but the chances are that the defense
will shape it's arrangements to call him
Thursday morning, rather than at the
close of possibly trying day.