Jasper County Democrat, Volume 10, Number 14, Rensselaer, Jasper County, 6 July 1907 — PILING UP TES TIMONY [ARTICLE]

PILING UP TES TIMONY

Another Day at Boise of Impeachment of the Story Told by Harry Orchard. SIX MEN GO ON THE STAND Four Swear That the State’s Star Witness Told a Pack of Lies. One Witness Is a Brother of Detective McFarland Lawyer Tells of the Strenuous Times at Goldfield, Colo. Boise, Ida., July 4.—Max Mallch, Joe Mehelleb and Billy Aikman, thres of the men variously implicated In alleged misconduct at Globevllle, Denver and Cripjile Creek on the word of Harry Orchard, went to the stand as witnesses for William D. Haywood, and made denial of Orchard’s testimony, Malich swore that Orchard, and not be, suggested the inhuman plot of dynamiting a boarding house full of non-union smeltermen at Globevllle, and that Orchard originated the idea of killing William McDonald, one of Malich’s business rivals. Said He Would Kill Steunenberg. He said that he had been burned by some mysterious acid thrown into his house by an unknown band, but denied that this acid was really “Pettlbofle dope” that had been left iff his room by Steve and Annie Adams. He also denied that “Pettibone dope” had been used in burning bis store, and testified that lie was at his ranch when the fire occurred. He also swore that Orchard had told him that but for Governor Steunenberg be would be rich nnd that he intended to kill Steuncuherg. Denial of All Orchard's Story. Mehelieb and Aikman, who followed Malich, also made positive and circumstantial denials of all the things Orchard swore they did with him, The cross-examination of all three witnesses showed a purpose on the part of the state to further deal with their testimony when the ease in rebuttal Is reached, When Orchard is re-caliel he will be asked to give liis version of the alleged use of “Pettlltone dope” in burning Malich’s store at Globevilie.

ANOTHER CURIOUS FEATURE

McFarland's Brother a Witness—Lawyer Impeaches Orchard. Another unusual feature was contributed to this unusual crime with Its background of plots and counter-plots, criminal, industrial and political, by the appearance as a witness for the defense of E. 1,. McFarland, n brother of Detective James McFarland, who worked up the case against Ilaywood. Moyer and Pettibone, and obtained Orchard’s confession. This McFarland Is a shoemaker at Manitou, and he came td tell that while lie was following his peaceful craft at Victor during tlie strike he was unceremoniously taken from his last by the militia, thrust into the “bull pen” and then deported. ' Eugene Englee, ex-attorney general of Colorado, swore that Orchard told him of the loss of a rich share In the Hercules mine, and of his intention to kill Steunenberg. Englee told at great length how the military authorities at Cripple defied the processes of the civil courts; how lie was himself deported from Telluride where he went as counsel for the Federation, and how he was later deported from Cripple Creek the day the mob destroyed the union store at Goldfield. His entry Into extended descriptions and minute details brought repeated objections from the prosecution, and finally the judge intervened to limit him to the material facts to save the time of the court and Jury. When askel If he was a socialist Englee practically said he was. The defense also produced Thomas C. Foster, now a bartender of Blsbee, A T., and who as a union mnier was tried and acquitted at Cripple Creek on the charge that he had attempted to wreck a train oil the Florence aDd Cripple Creek railroad. Foster told of his experience In the “hull pen,” and an attempt of Detectives D. C. Scott and Iv. O. Sterling to force a confession from him. which was followed by seventeen days’ solitary confinement and IffTfluai flight from the district, when he walked thirty miles and fast-” ed for over thirty hours.

FEATURES OF THE EVIDENCE

MaiichKnew Orchard Was Tough, but Backed Him with Cash. A feature of much of this testimony for (he defense is that most of the witnesses declare they heard Orchard threaten to kill Steunenberg, and all of them testifying on that point knew Orchard had a grudge against the ex-governor, hut after the assassination not one of them said a word until he got on the stand as a witness for the defense here. Malich in his testimony indicated a rather reckle ; s way of choosing a partner In business. He said that Orchard was introduced to him by Detective Gratlas, when Gratlas was supposed to he a good W. F. M. man. Borah asked: “Did you believe Or* chard was in earnest when he proposed blowing up that hotel?” “Hes, until he told me be was joking.” “When Orchard proposed killing William McDonald did yon believe he real-

ly would kill him - If you gave him $100?” “Yea, I thought he would either do It or beat me out of the SIOO and tot do It." "And after this didn’t you agree to (back Orchard in the saloon buslpeM?” “I said I would stand good for him for S3OO or S4OO, but I would not go over that” A W T hen Orchard suggested to Malich —as Malich declares —the blowing up of a non-union hotel Malich said he told Orchard “I wouldn't stand for It under the elrcunSstances.” All the time Orchard was In the company of Malich, according to Malich’s evidence, Orchard was talking of murder for a price, offering to kill one McDonald, proprietor of the smelter company’s store for #IOO, the argument being that McDonald’s death would help Mallch, who also kept a store. Moyer and Haywood Retained. Denver, July 3.—Charles H. Moyer was retained ns president and William D. Haywood as secretary treasurer of the Western Federation of Miners by the federation convention, although they are imprisoned In Idaho on the charge of complicity in the murder of former Governor Steunenberg.