The Montgomery advertiser., 1907-07-03

Orchard as to any a1tempt on HOvor~ nor Peabody or anybody else.
 had once travelled with Steve Adams for several weeks He had but one talk with Orchard regarding the blow ing up of the hotel. Orchard said 1t was the only way to set rid of the "scabs." Mehieit said he believed Or ,chard was in earnest and he told Max Malich about #. Malich told him not to get mixed up in anything like that, for he could live without killing any, body. Witness said he was not at fire.
 Mcfarland on stand.
 The next witness for the defense aroused unusual interest. He was Ed ward l.. Mcfarland. a brother of the Pinkerton detective. James Mcfarland, who has been in charge of securing evidence for Athe state. The witness said he was not membersof the West ern Federation of Miners but a shoe- maker by trade. He was at work in his shoe shop in Victor the day of the riot there. following the Independence depot explosion. After the shooting Mcfarland said five men came to his shop and said they wanted him. He was marched between lines of soldiers to the train and taken to Colorado Springs, where he and several hundred miners were transferred to the santa Fe road and taken to within a short distance of the Kansas line. The ensi- neer of the train refused to take the men across the state line.
 After we left the train three vol leys were fired over our heads and we were told to never come back" said McParland "We went into the fields after some time. when along came a train which slowed down. The engi- neer asked us if we were the deported men. He then told us to get aboard and he took us into Holly, Colorado, where we remained for some time"
 Did you ever go back to VictorT NO, sir"
 On cross examination Mir. Mcfarland said he could not identify any one who did any shooting in the Victor riots. Afternoon Session. William Aikman of Wonder, New, implicated by Harry Orchard in the placing of "a bomb in the Vindicator mine at Cripple Creek. was the first witness called after luncheon. Aik- | man, who has been a member of the | Western Federation of Miners since | 1898, absolutely denied that he had | helped Orchard place any bomb any l where. He declared he knew nothing | of the vindicator explosion until after | 1t occurred.
 Aikman was in the Cripple Creek | Dull pen" for ten days or two weeks. i He said he once worked for a short | time in the Vindicator mine. Follow | ing his release from the bull pen, Ak l man said he was held in the county :! jail for three months. He was never tried for anything.
 'How did you manage to get outr' asked Mir Darrow
 "well, don't know" replied Ak man. 'Theyl took me to the sheriff's s office one day and charged me six bits and let me go."
 Did you pay the six bitsr"
 Yes, sir: I borrowed it.
 Aikman maintained that he knew absolutely nothing about an attempt
 Did you ever go out in rig with Harry Orchard and Joe Mehliet to kill Governor Peabody"
 "No. sir; I did not" declared Aik- man, positively. 'I did not even know Joe Mehliet ct that time."
 He asserted that he had never had any connection with Orchard or any one else in any criminal act
 Aikman said on cross-examination that he and Steve Adams were always good friends.
 He, denied that he knew where Gov ernor Peabody, Justice Goddard. Jus tice Gabbert and Gen. Sherman Bell lived in Denver.
 He had received supplies from th' federation quite often. He got relic from the federation but doubted tha he received 1t through Pettibone. | Thomas c. Foster Of BisbeeA Arizona was the next witness. He said he wal bar tender but had been a miner a Butte and Cripple Creek and was member of the Western Federation O | Miners. Foster said he was arrested by the militia at Cripple Creek an' taken to the Dull pen,' where he wal kept eighteen days. No charge wa, | ever made against him.
 Subsequently he heard that he wa I wanted on a charge of attempting t wreck a train on the Florence ani Cripple Creek Railway. Cavalry sur rounded his house and he was toll that he could either leave the countr. 1 or give himself up to the authorities and remained in jail from Novembe IS to the following February. On ! day he was taken out to an office build ings where he met S. c. Scott, detec tive of the Florence and Cripple Creel Railroad. and c. c. Sterling, detectiv l. of the mine owners association. Tn two detectives told him that c ma named Mckinney had confessed to tn train wrecking. and implicated him. H was told to confess and it would b made easy for him.
 q told them had nothing to con fess, so they put me in solitary con finement for seventeen days. wa finally tried along with Mckinney an we were both acquitted" said Foster. Tells of Cripple Creek.
 The defense here introduced as
 witness Eugene Englee. former attor ney general of Colorado, to testify a to conditions in the Cripple Creek dis trict during the strike period of 1S0a O4. Much of General Englee's testi mony was objected to by the prosecu tion as hearsay and many of his state ments were stricken out. Senate Borah was on his feet most of tn time, He said the State had no objec ton to the defense proving what tn conditions were, but he was tired c hearing witness after witness goin upon the stand and giving their per sonal conclusions.
 From this time forward" declare Senator Borah, i've are going to in sist that the rules of evidence be strict ly adhered to-"
 MT, Englee said he had been calle on by Haywood to defend some of tn Western Federation at Telluride H told of the objection of the citizen alliance and the mine owners associa ton and the bringing of gun men int the district More or less trouble fol fha arxn man an