The San Francisco call. [volume], July 03, 1907, Page 3, Image 3

About The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913

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Loquacious Socialist Tells the Boise Court
of "Bull Pen Outrages" in Colorado
Max Malich and Other Alleged Confederates Deny the-'Story;
; of Harry Orchard. Implicating Them in Various Plots
.: :>\ BOISE, Idaho, July 2.*— Darrow and Richardson made a sort of all aroundday of it at the
Haywood trial today, starting off with some of the charter members of the Orchard gang, all of
whom . emphatically . denied every charge that the murder machine had made against them^ swinging
them into .general conditions at Cripple Creek < and Telluride during. the "labor wars," and winding \
lip with a ponderously pompous and polysyllabically profound old party, who was once populist
attorney general of Colorado and now a socialist. . .
• . . This was Eugene Engley,.the Cripple Creek lawyer who is 'one of the witnesses called to .im
peach Orchard. ' T) arrow said the other day that when a man became a sure enough, ' genuine
socialist,. "the English language took powerful command over him." Engley illustrated the truthVof
thai'.'obseryatiQn; • . ' • - ;
'"'•'/:- •.Besides recital of the alleged conversation with Orchard, which was used as the basis for a
jCbrmal Jmpeachlng .• question, Engley*
testified to having been deported once
from Telluride by the', militia and once
from -Cripple. Creek by .the citizens' al-\
Yianc*. He told these tal-es In eesquipe
dsilian terms and with an Infinitude .of
detail that 'steadily ignored' both the
objections of Ecrrah and the. instruc
tions of the court.'
. • Judge Wood ruled- repeatedly that tho j
fact of the deporta'titm alone was sbffl- ]
"dent and that "details were not to be j
told. Engley went on • with his story |
in his own fashion, cheerfully oblivious |
of everything, and evrryhody elfifV re- j
"counting- >-hat lie said and what they j
eald aod wijat the- pther " fellows said (
/at' ; every \u25a0 move, cm each occasion, and j
\u25a0.eometimes JLricliading what he overheard i
from t^e 'other room. I
1 It jeas'a mighty hot day, the court- |
room, was *tmffy, and everybody but
. Engiey wm- uncomfortable..' lie moved
along as imperturbably and majesti
cally as. an ,4c«berg in midocean, and]
Darrow sat aqd 'laughed with a keener j
enjoyment. than anythin-g else in the
trial has given' him: Borah' did suc
ceed in curtailing" one speech some
what, but on' cross-examination he sup
plied the very: Opportunity that Engley
was loo^ltig.'fpr to show what com
rnahd of'lrim .thje language had. This
v.-as by. asking, the witness if he wa«
li'ot.'a socialist. •• '
- "It depends. i?n what Is meant by that :
term,", replied 'Erigley. ."l.f by 's.ocial^
'-\u25a0Ist" you intejid jto designate <sne who is
against ;'truets>and • combinations, or
capital/ who" is for.>poyemment owner
ship' tor. control 'or regulation 'of rail- .
©tnefc public utilities and who
' >, in- favor- oi .the initiative and refex
•.«li'djim-- and the imperative mandate.
: then i-ara 1501; a socialist. But if within
that' terjji "is \u25a0 comprehended the restora- j
tion.to" the people of the planet which;
\u25a0;has,.''been largely, confiscated by.
c Tsw. then ybu 'may write me down as
a socialist. I am not 'riding in. the
. golden chariot of the' republican party
or humping along in the garbage cart j
of the democratic party." ".-.*: ,;• ':.
STAYS OX BAND WACOX
"But you are in the band wagon with :
Euprene V. Debs," put in Borah.
:}jV"I shall have to answer that in the
affirmative," replied Engley.
The story that Engley . told- was in
substance that in December. 1903, he
went to Telluride to attend to some
business -for v the western federation.
On the evening. of his arrival there he
met George .ittddell. who he had since
1 earn ea was a Pinkertori. Riddell was
a member of the union there. B-lddell
'said that the men -were anarchists, "but
I , disc<n-ered," said- Enghsy, . "that he
didn't know any. more about-"-philo
sophic anarchrsm than he did about
scientific" 'socialism."
' Befxyre- Engley got his -work done
martial law. was declared and he was
deported, being, "marched to the jail
surrounded. t>y ' the militia, the sheriff
.and his. 'gun' nren, the night marshal
and the police.
'tThey -opened the steel doors and I
'was received with vociferous applause
from a crowded assembly. The jail
was buljt for. 8 and there were about
40. in it."' -• \u25a0 -
It was Some time after the Inde- i
pendence -depot explosion that Engley :
\u25a0was run-out of Cripple Creek- He
went -to Colorado ' Springs, borrowed, a"
: rifle, bought a six shooter and returned
to Cripple Cre.ek, patrolling the streets
about his business place. The citizens'
alliance, which ha 4 deported him,
finally sent him- word that it had made
a mistake and that he could stay. No
tice of that fart was published in
: the ' local paper and he did stay. He
returned the rifle, ljut 51111 has the six
shooter. -
Erigley told Corah on cross examina
tion that at least four-fifths of the
businessmen of Cripple "Creek were
members pf the citizens' alliance there
and more than -half of the professional
men. He thought .tha.t less than 10 per
ceat of Its membership was made up
of mine owners.
CALLS McPARLA\D'S BROTHER
Darrow spent a few pleasant moments
in the' morning In the examination of
Ed L. -McParland, *a brother, of 'James
McParland, the Pinkerton detective who
bas worked up the evidence for the
state In this case and to whom Orchard
first confessed. """He was .a Shoemaker
at -Victor. His story was about having
been deported from, Victor a day or two
after the riot that followed the Inde
. pendence depot killing. He was one of
: -the 78 who were* taken to the Kansas
line "and dumped off In a swamp," as
he put it. A friendly railroad engineer
stopped .his train and took them back
' to. Holly,- Coia., where, "the mayor met
us. /and told us the town was ours as
\u25a0lofig as we conducted ourselves as g-en
."Uemen. and from.our appearance we
. wer.e' nothing else."' . . •
t '.Max Mallclu Joe'MebeJlet. Billy Aik
man. and Tom Foster the other
witnesses for th* day. . All but' Foster
had been Implicated by Orchard, and
cacli of. them 'denied specifically and
generally every., charge that Orchard
had -made against them." : Foster was .
arrersted for the train wrecking attempt
end was acquitted when tried. His story
today was principally about that, and
he announced with great emphasis .that
"the* night of the attempt he was drunk
on the hill at Victor- — so drunk -that
friends had to take him home, and It
was clear he could have had nothing to
Co with the affair." On cross examina
tion he did , not- remember that Bill
Easterly had testified at' his trial that
he was one t pf tne friends who took
Foster home that night. '\~
TEL.LS OP ACID THROWIXG :
: • Mtrlich Is a bullet. headed black eyed
Slav, who became the boss ot Globeville,
:he place adjoining .Denver; -where the
Globe smelter is located. He\went Into
the story of his activities there in great
Jetall; related how Orchard "had pro
-cosed to blow up the hotel where the
i Nonunion men lived; told of the\ threats
tgalnst Eteunenberg that Orchard had
made, and In general ' contradicted Or
thard at all poinUs.- He told Vf the
tiysterious throwing of acid into \u25a0 his
bedroom as he -was .undressing aVd of
the injury 'it 'did 'to him. He told, also
»f the burning of his - — •- whilk he
was at bis ranch at 23oiurose. ; \
. Orchard says that the, acid incident
Was really an accident with Pettlbone
lope, with which Malich was experi
menting In preparation 'for burning his
jtore for the insurance,- and that whin
Jlalich went to the ranch he and Petti
'tone removed a. large part of ;th«
roods and<then burned the place fot\
Ualich.
/ Joe Meheliet denied that he had been
Oscar King Davis
and said that he was a member of the
union .at Globeville, working in *ne
smelter. He admitted knowing Or
i chard, but denied at all points the
stories that Orchard had told about
him. Both Malich and Meheliet de
clared that Orchard, or Hogan. as they
knew him, had been introduced to them
by A. W. Gratlas, the president of the
Globeville local of the federation, who,
as they now know, % was a Pinkerton
detective. —
• Billy Aikman had been Implicated by
Orchard in the Vindicator shaft murder
and in the attempts on Governor Pea
body and some others in Denver. He
denied It all. He did admit, .however,
having lived at Steve Adams' house in
Denver with Orchard and having been
arrested there, as Orchard had saidV
He lives In Goldfleld now.
Detective McParlancTs
Brother on Stand
He Testifies for Haywood
Regarding the Riots
BOISE, July 2.— Max Malich was
called to the stand Immediately after
the opening: of court today. He is a car- i
penter and miner. He was a smelter- ',
man at Globeville, Colol, at the time of
the strike In 1903. Malich said that he j
\u25a0was an Austrian, as were most of the
men in the Globeville smelters.
I .." Dl i.- TOU k* 0 "" » »an named Harry Orchard,
i alias Thomas Hogan T" asked Attorney Richard
son, who conducted the examination
• "' Tr «" Introduced to him as - Tom Hogan ' by
a- Pinkerton detrctlve named A. W. Gratlas."
Malich said that he did not know that Gra
tia* was a detective at that time, for he was
working secretly and was acting: president of
the local emeltermen's union. The witness said
that 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. It will be remembered, that
Malich had suggested to him the blowing up
of a hotel where 150 nonunion * miners - were
livitur and had helped him steal 100 pounds of
dynamite from the Union Pacific powder ' house.
Malich declared today that this testimony was
false. He said that Orchard: or. Hogan - came
to him one day and Baid: "What Is the.mattor
with you folks out here?. The nonunion men
ore getting the best of you. Why don't you
blow that damn, hotel off. the earth?"
The witness had replied: "Tom. I would not
stand for It under no circumstances. If you
do anything like that I am going to denounce
you."
After this,, the witness said. Orchard told
him that he was Just Joking. Malich said that
he knew nothing about the taking of any powder
from the Union . Pacific.
. The witness was once a member of the city!
cojinoi! of > Globeville. •?\u25a0 He declared that- two
attempts ; bad been made to burn his " place : of
business, the last on the 27th of April. 1905.
after Orchard had left Globeville. There had
been a card party in the hall of his hotel »he
nijht of the 27th. Malich said, given by the
ladles' auxiliary. In charge of the strike relief. . !
BURKED BY ACID 1
."I had gone to my bedroom to retire.", con
tinued the witness, "when somebody threw . a
bottle of add or something through the wondo«v. ;
The bottle burst about three feet In front ' of
me and. some -of the fluid splashed on my wrist,
bdrnlng through " to the bone. >. I grabbed up my i
3 year old boy. who was asleep, and ran out
of the room with him*: When we went back
the room was filled with sm.oke from the carpet,
which was smoldering."
Malich declared that he was . never "able to
find out who attempted the outrage. He saw
Orchard In. the month following. This time Or.
chard told him that the smelter company's :
store would take : all the witness' , trade away
from him. He .offered . to "do up" William
McDonald, the proprietor of the store, for $100.
Malich told Orchard I that he had all the trade
be wanted and he wouldn't have anybody killed
on his account. , '.
The next time the witness paw Orchard wan
when the Utter was writing hall insurance. He •
lent Orchard $30, < which - was sent back to him
from Rooky Ford. ' Axked as to Orchard's finan
cial condition the winter he .lived, with -Steve
Adam*. Malich -eald that he had. to let Orchard
have money five or six times, being p>'d back
when the latter "made a raise.". at gambling. -.
Malich next related a ooiiTprsation that he
had with Orchard in a Turkish bath establish
ment. "When I was. taking baths for. rheu
matism," said the witness, "Tom met me one
day when I was going to take a bath and said
be . wouldn't mind having a clean wash ' him
self, so I took him . along. He again told me I
was easy to let the Globe mercantile ; company
continue to do business when I might have \u25a0 the
trade In my grocery _ department. He naid \u25a0 all '
I would have to do was : to leave Billy ' Mc-
Donald to him. I told him again I didn't want
anything like that. He then got . to talking to
,me about Governor Steunenberg and called 'him ;
vile names, and said if If" hadn't been for him
be wonld be a millionaire. He said lie had to
*ell his Interest in the Hercules mine for $500
and get out of the country. . I told him it didn't
make any difference how much money he had, be
•would lose it all at faro anyway."
. IGXORAXT OP BOMBS .
: Malich said that his store and saloon at Globe-
Tllle were burned down June 21, 1905. He was i
on bis ranch' in Montrose county, 434 miles from
Denver, at this time. •.-. '-
'Anked if he had ever talked to Orchard. with
regard to or assisted him In making bombs for
Judge* Goddard •\u25a0 and - Gabbert, or " anything • else.
Malich caused a ripple of laughter by replying:
"I never saw a -'boom* in my-, life -yet." .v .;\u25a0
The i witness ; was crow * examined by . Senator
Borah. He was required to trace hU movement*
from ; the \u25a0 time , of his arrival In T . this country
In the early eighties down to the ' present . time.
He first met George A. • Pettlbone when ! the lat
ter , was' Mlling elothea \u25a0 wrlngem and ' rn«s. He
denied rver having" • nrfven Pettlbone ; his - proxy
to -the 1&03. convention of the western federation
of" o>lner». -. » -. . *.' ; \u25a0
"How long were too *t yonr . ranch . before
your raloon . and , business place burned ' down 7* '
asked Senator Bortb.' >\u25a0 - V
' "Three days." -\u25a0-.-.. » .
"Did you have a talk with OrcharflTjust be
for* leaving?" !Sraf£3ii|
"No. ' sir." - -
_."*. VHow much \u25a0 Insurance did you have on . the
place.?" : ' -\u0084
, "About $5,P00.'! .... * '
"Had you taken out some Insurance recently?*?
•-" ."No." *.;\u25a0\u25a0 '•'\u25a0.- \u25a0. ', \u25a0\u25a0-\u25a0"'\u25a0 -"\u25a0 \u25a0-''*
' "Hadn't ' some goods • been \u25a0 taken from - your
place Just before the -fire to Pettibone'a store?"
.-- ;- "Xo, . slr.V .' ' ,-:..•-•\u25a0-\u25a0,'*\u25a0 ' ." \u0084" •' >: ' " >
"You never beard .of that?
"No, <\r." .iSggß&B&pSßHmßi ' - \u25a0\u25a0\u25a0\u25a0\u25a0\u25a0'\u25a0 <*. "'ii
"There was a fire In 3 our place the ; day
after the ealood and business part was burned V!
-\u25a0 "Yes.' tlr/ they told me , so.". ;
. .Malich" next was qnestloned as to the acid
incident. ; . " '
"Didn't you go to Pettlbone's store with your
burned , hand bandaged op . and didn't he laugh
Mt you. and didn't you \u25a0 reply, 'It's ' not . so — —
fanny?'" . _. / '"-» "
\u25a0"1 don't '\u25a0- remember . any - conversation v - with
Pettibone about; my, band."- ::...-:. : -. ., ', e : -" v^'
XO.TAI.Kf ABOUT DOPE ;
. "Didn't PettlboDe say to you, 'You don't
want ' to ' monkey, with my dope.' "•. '
!'No, sir." . - -\u25a0•- --' . .-+'\u25a0*
\u25a0 *'Wben Steve 1 . Adams 'and T his 'wlfec- moved
away.', from < Globeville - ; didn't \u25a0\u25a0 they,> bring j some
bottles • over \u25a0 to your . place 'and - leave : them *,ln
your bedroom, and wasn't It one of tbes* bottles
yon " got ' hold of - and -\u25a0 thought It < bad -\u25a0\u25a0 come
through . the window?" >\u25a0— . \u25a0 ... , .
- -."Say, do you :-. honestly think '' I ' would . leave
anything like « that in my room after the • doc
tor • told .:' me ,: what it was t" ; asked - Malich \u25a0 In
: reply-. ln- Injured : tones: .'^ i
"No.", not after, you once got hold of.lt,*.* Mid
Senator I Borah. - - : . .=. • ;
""Then go; ahead,".- remarked . Malich, .: amid
laughter. -He declared ., that t the Adamses ": hafl
never ' left t anything at « his place so ! far . asj be
knew.- >.'../. '\u25a0:\u25a0'\u25a0 .' \u25a0. - '\u25a0" • . \u25a0 -":. '\u25a0\u25a0;•\u25a0'„':' \u25a0"-.
'you '^believe Orchard .was \u25a0• In earnest
when be proposed .blowing, up. that 1 hotel?" '. .*-.
"Yes," until he^ told? me .-he: was « Joking. -'
••Up f to : that \u25a0'\u25a0 time you thooght » he . . waa , a
prettyibad ; man?" ": ; ,:' ,•-\u25a0"-'*
111 1 ii. . 1 iim "\u25a0•pßiwiii t>Hflran
'\u25a0 "When • Orchard proposed killing .William \u25a0 Mc
l Donald- did you believe- he . really .would '. kill
Sui«. If rui em.vat hii» JIDQ7" . . \u25a0;--..
the san Francisco VQAJjiiffi^EDyE^^
_ Yes, I;\u25a0 thought he - would either do 'it or
oe«t me out of the $100, and . not do It."
_\u25a0<- And; after ."tbla- did you not agree to back
Orchard in the saloonTbaßlness?"
"} J 'Mill 1 would \u25a0 stand rock! - for him for 5300
0T »n ' but -would not go over that."/ .'
_ 'Didn't Orchard . come : to ' you the night Lyte ;
Gregory was killed . and . say to you: 'Max. it \u25a0
I am arrested for this you ' are to remember. I
wat out at your place, play ing cards?". .
No, sir. . . Lyte Gregory was killed' ln 1904,''
and I neTer sawtOrehard until 1905." .-\u25a0\u25a0 *
On redirect examination Attorney Richardson
said to the •wi tness : -. - : '"-.
"Yon .told Senator Borah you first met Petti- :
bone In 1887. Yon. meant 1697.. didn't youV-'«
;!iy«. ; «lr. tt replied Malich. "I meant 1897." .-
When the laughter had • finally ' subsided the
date was .fixed at ISO 7 and Malich left the
stand.
WANTS Tt> DESTROY HOTEL
The next I occupant of the witness chalr'.was
Joe Meheliet.' who was also a native of Austria
anfl a former smelterman. . He Is : now a miner
and l a member of the western federation; of
miners. He said that he first met ' Harry
Orchard at Globeville In January, 1905. 1 but
denied that he had ever, assisted 1 0rchard -or
Adams . to steal powder from the Union Pacific
powder bouse or anywhere . else.
"Did youerer have any conversation with ' O
rchard about blowing up a hotel?".
"Yea. sir. Orchard came to me one day, and
asked me if I could tell him how the hotel whs
situated. •- 1 had worked : there two months,' and
told him" what I. knew. He then asked:me';lf
I didn't want to come along and help him blow
it up.- - --v"•\u25a0-.'v "•\u25a0-.' ::\u25a0 '\u25a0 .\u25a0\u25a0 -\u25a0 - ,- -;\u25a0\u25a0 '\u25a0•\u25a0:\u25a0' vV; .*?;\u25a0;\u25a0.. -
\u25a0j *.'I • told him no; that I wouldn't stick -my
fingers In it, as 1 never intended ,to -kill .any
body." . \u25a0 \u25a0 . \u25a0 \u25a0/ '.•\u25a0•..-. • ;. '
Meheliet said that he never talked \u25ba- with
Orchard as to any attempt on* Governor Peabody
or anybody, else. -
The . witness first met Orchard through - Detec;
tlve Gratlas.- He knew nothing 'of the' elrcum- \u25a0
stances of _the • "falling ; out.. of : Orchard •» and •'
Steve Adams, \u25a0 but understood that ; it was over
business affairs. . - v; , \u25a0 "*.'\u25a0\u25a0.
The next witness for the' defense aroused,un
usual interest. > He was •, Edward L.'V McParland,
a brother of the Pinkerton detective, McPar
land. who has • been In \u25a0 charge of , securing evl- ;
dence for the; state. •\u25a0' The "witness saldi that' he
was not a member of the western federation, of ;
miners, hut a shoemaker 'by trade.- He was; at .
work; in his shop In Victor .the day ' of ' the . riot '
there, following -- the : Independence "depot ex
plosion. After the shooting \u25a0 started .McParland
said that five : men came to his , shop \u25a0 and '• said
that they wanted him. He was < marched > be
tween " lines , of soldiers to \u25a0 thet strain * and > taken
to Colorado , Springs. - where -he and^ ""seTerai; hmi- I
dred mlners^were transferred- to? the' 'Santa ~:Ve '
road and taken \u25a0to - within *a - short * distance fot
the Kansas line.. The engineer refused to take
the ; men - across the state line. ',' .; V; ; -
7 RTL'X OUT ,'OP VICTOR' V ' ( '*
. "After we left the' : train three, volleys •- were
fired over our. heads and we were told never to
come back,".'. said', McParland.; "ff» were in
the fields some time when ; along came a. train
which <flowed down.'- The engineer asked us If
we'were the deported men.': -i He., then told;- ns to
get aboard and .he '- took \u25a0: us \u25a0\u25a0 Into ' nolly, Colo^,
where we remained for some time."
"Did you ever go back: to, Victor?" •-.' -
"No. sir." . J -,'\u25a0* "\u25a0 '
- On cross examination McParland said that he
could not identify any one who did any shooting
in the Victor riots. - -,i ' '
At this poiDt the luncheon recess until. 1:30
p. m." was takenl \u25a0 * . - '\u25a0'\u25a0'. : : ; ?:; •
v>. William Aikman of '.Wonder; -N'ev.;'; implicated
by Harry Orohard In the placing oT a bomb in
the' Vindicator mine at Cripple .Creek, "•' was. the
first ' witness -\ caned after , luncheon. /Aikmiu,
who \. has 'been a member of the western federa
tion of.mlners sinee \u25a0 1893, absolutely denied that
be had .' helped ; Orchard, place • any *, bomb •' any
where.' He .was:. in; the c Cripple Creek y bullpen
for 10 days or - two" < weeks, i: Following 1 his re
lease he was held. In the'eountyi jail -for -three '
months. He. was never tried for; anything. . •
'.'How did you manage to get' out?" asked "At
torney Darrow. -- "" -..,- \u25a0 . ' \u25a0 • ;
"Well, I don't know,"' if piled Atkman. '.'They
took me. to 'the sheriff's office; one day and
charged me. six bits -.to let' me go."
"Dldyoutpay theslx'bits?" 1 .
"Yes, sir.. I borrowed it.'f- \u25a0 -
"Did yon eVer go out -in a "rig ; with Harry
Orchard and: Joe Meheliet to kill Governor Pea
.body'/"/ .> \u25a0•- \u25a0 .- \u0084\u25a0 \u25a0>« .- \u0084.' . - ;-. .\u25a0- •\u25a0 :-:
VNo, sir, I : did not,*' declared - Aikman . post- '
tively. "I did not even know Joe. Meheliet at
that time." : \u25a0 \u25a0 - -.. - "' . \ • '
;:. Thomas C.' Foster of \u25a0 Bisbee." Arij.. was: the
next witness. .He was arrested by the militia -
at , Cripple . Creek and f taken ito .tbe'i "bullpen, ".,
where he \u25a0\u25a0 waa ' kept 18 . days. \u25a0'\u25a0;;, No charge . wa«
ever made against him. -Subsequently =he heard .
that he was wanted on 'a charge of attempting
to - wreck a : train * on ' the ". Florence \u25a0- and . Cripple
Creek railway. Cavalry surrounded ~ his ; hou>ie
and he was told that > he , could . either lea vp -, the
country or give himself iup - to . the authorities.
He • surrendered > to' the V. tlvil ; authorities /.and
remained in Jail from November. 18" tor the \ fol
lowing February. „, One day \u25a0 he , was j taken • out ' to
an' office ; building, where he i met : S.C." Scott.'
detective of ' the > Florence and -, Cripple . \u25a0 Creek
railway,; and' K. C. Sterllnjr, u detective r 1 "of 'the
mine owners' - association. , The < two •. detectives
told v him ' that the I man -' named \u25a0 McKlnney \u25a0 had
confessed i to ;\u25a0 the • train , wrecking ' and \u25a0 impl lea t-->d
him. : -He \u25a0 was - told : to confess and -It would be
made easy ' for him. • V-\u25a0:\u25a0V -\u25a0:\u25a0 " \u25a0 V: •\u25a0 :-, • .
i .; '.'I told -them I had nothing to confess, so they
put \u25a0me In solitary : confinement '- for 17 - days."-. I
was 'finally tried along -with McKlnney,' and =we
both: were acquitted." said Foster.
MOVER STILL PRESIDENT
Hajrwood Also ; Retains Secretaryship
of Miners' .Federation
..;..: DENVER, t Colo.,- July \u25a0 2.-- :: Charles H.
Moyer I was re tamed as president ? and
William r' A D. Hay wood; as .Tsecjretary.
treasurer of the- western .federations; of
miners vby , the federation - convention
today/: although 0! they /are ; imprisoned
in Idaho on ; the 'chafgeTof rcomplicity
in^ the /murder.^ of v'l former {i Governor
Steifnenberg. ". v As ;ithe- constitution :f of
the : , federation forbids j the election ito
these : positions fof J members . not 'i In * at-,
tendance at ; the convention; the '.election
of t presidents and, i°*ecretary^ treasurer
was V passed >i by -I general \u25a0> consent,^' no
nominations ! being -i made ? for,f these ! of
flees;, and^iunderithe 'constitution; the
Jncumbents:will*-.hold over until -their
successors ; are 'chosen. : v-
W. E. . llahoney. . was rc-relected' vice
president,' .the ; / vote being : '\u25a0\u25a0:' Mahoney,
213 2-3; ; Joseph "'Shannon of Butte,
MonU>! 112;,' J->, C. : Williams ?; of Grass
Valley, Cal., \u25a0<_ 32."': \u25a0 Robert V Randall";' of
Goldfleld, ; >Nevl,; i was '.elected a j member
of 'the", executive aboard <i for dlstrlct;No.'
1. / receiving 311 pp v yotes l; to - 124 % for
Marlon HV.' Moore \ of ' McCabe, ?Ariz:
\u25a0j.g Randall 1 was \ readTout f of the I united
'mine' w6rkefs;atj Indianapolis* two years
ago . t qr,t \u25a0* prefer ring < charges Jjagalrist
President ? John" Mitchell >j andy^ff erlrig
to prove ithat •; Mitchell*, was^a^faltor.'
Randall: was'jiot?permittedubj]Btate , jhls"
ease'S He'i,' ; was «a^ coal v i mine j, delegate
from ;!Dietz,?Wyb.;land*i since {then? has
been actively ; affiliated i the .west
ern" federation of miners as a gold
miner. \u25a0;;>/;%\u25a0": ': \u0084"\u25a0.",• '\u25a0.'.\u25a0';"',:.-' '-.. ,r -.::
; Ii ;W. Callahan ; of Index, jWash., was
elected ialternatel member: of ithejboard
for7dlstrictrNo.^2 t \ to j serve, in"'" the Tab-*
sence *{ o f >•\u25a0• Jack f J Simpkins,v4wh o \u25a0:{ d is-f;
appeared } a{ter4th'e ,' murderJof * Governor'
Steurienberg.'s and
ln^offlceiinithei samel manner^ as twore
the '5 president secretary-treasurer?
Two;; hundred iiand^ forty-three^'votes
were : cast: for.!Callahan|andUl3sfor?J6
'sephJHutchinsonTof; Burke.i Idaho.^ \ Z
;. iThe ; electionTof iwas Jnotcom
pleted;whenjadjourhmehtlwasltaken44i
chemist; mccreary. returns
.-\u25a0-. BERKELEY, L^McCreaVyV
ahj expert^chemisti employed I in^ the fde
partmentjof|fertillaer4'controll*|'atujth© <
unlyerslty.^returned^today^frbmSßoise."'
'where ? he * gavejtestlmonyl at I; th e| Hay"
"w6od'triaL>|McCrearyltoldUhesjufy-of
•\u25a0-.- '\u25a0-' Ii 1 HI Will IT llilllMH 111 "
'^'Theimdn Seated is 'Ed Boyce,' the; miners'.' federation 'leader. '•oha-txmled to.
hear l tKe" "martial Urea d of 25.000 -men armed iand:rea'd^: to battle^^
union : dabor" ; '/">ihe man standing in the '. upper ,picture\ is \u25a0 James \ McParland," '\u25a0\u25a0 the \u25a0
noted^Pin^erion detective ;.,Uheilower -picture \ is aicopyfof. aj photograph , ta^cn ;of
Henry Mac\l . as .he stood handcuffed to {a telegraph : pole I during ; the martial law
period in [the militia leaving him unprotected ' from the cold, bith .the .
result that his.hands riserc frozen 't*/-; ' . •
RACES TRAIN BACKWARD
TO ESCAPE EXPLOSION
Engineer Sees Powder Cars
) Afire" arid Rushes Pas*s-\
ejngers to Safety
- V '\u25a0..:.-*/" i •\u25a0-.-*-- ..-.'"-...---: .;., . . : :-;\u25a0''
SALT.- LAKE, Jply J.— Two 1 carloads
of giant powder standing oh a side
track of the Oregon Short line at
Becks -hot springs, five miles from this
city... exploded^ today, .jarring heavy
buildings in this city; and causing .con
siderable excitement. No one was killed,'
but two. men iwere.. lnjured: \u25a0./, ... ";;.:\u25a0;
\u25a0»\u25a0;: A.l ocal passenger train on! the Oregon
Short iline was due - at r , the .; time ; ot.. the
explosiori,~and- only t f or ; the' preSence^of,
rniridjpf*the- engineer many.'^llves ;un
doubtedly/ would ' haveT.been ; lost. >• See-^
ing a ; burning; car ahead, j the" engineer
brought; his -train \u25a0 tb; ai standstill r and
then ] sent it backing at ; f ull t speed.' ; He;
had \u25a0 taken^thej train" about, a quarter 'jot
a mile;!, when' .the"- ..powder/; exploded, I
breaking '/every /.window.-- in the-, train
andithrpwing: passengers, out .of their
seats.M.. ; % >; , ;- ; :"'.' \u25a0 V •'\u25a0• -'"'... '.'\u25a0 , . \u25a0-]'.-'
: ;Telegrraph;and'telephone.communica
tion . to ; the .north ; and v westl was cut-off
temporarily, as every, pole inUhe-neigh^
bor hood I went down. ;•:• -."Window panes ; 1 n
houses ; two "miles distant.; onfeither side
.of the. explosion were > smashed. - ' A
OUSTOMAH MINE IS SOLD
.' ['GRASS I,yALLET,l ,yALLET, July ; 2.—The 'Ous^
tbthah' ; mine" . < has *- been ' purchased - y oy*
the" Hayes *.brotheVs ; i of i San; ; Jose. ;> ' The'
mine?.which;. passed ' into their -control
yesterday. \u25a0; consists of ;.the ? Eddy -prop-^
erty ,i adjoining, fand \ mineral - rights fex^,
tending,? 5,000 : f eetfalohg Uhe'. lode'iThe
mlnel is ion - fr Wet hill \u25a0 and ' has * a
10 * stamp Jand three; stamp mill. upon T lf
the* results '.'of : : tests that he\ mad* of
the 1 milk 1 that -\u25a0 Harry^Orchard- said -ho
had 'ii poisoned -s. with vv Intent ,r to kill
Frederick'W." Bradley in : San -Francisco
three years ago.'< ' \u25a0'-. ','\u25a0]-.
Joint Accounts!
This."bank ; will open"
Jaccounts^ io ttHe name
pMtwpi individuals—
yfor% -instance;
'wife— eitheKof whom
may' v draw " checks'
\u25a0lagainst^ the \ account .;
"4 perjeentinterest^paid
on savingsi ngs accounts^
\u25a0interest p>aicT
\u25a0 : 6h f cHecking accounts"
IcAUfpffiMrefDEPosil
SfANiOrRUSWCOMPANY"
t California and Moutgoraery Streets
j West end Branch - \ 53 1 Dcyuaderb j
-Mission Branch, 2572 MissioiTnr.22d -
";Up~-iown'^Branch,; l 74o Fillmore nr.'-
' ;> ;: iSuttcr/''" 1 "- -". ';" \u25a0'...' '/
| r^otrero Branch^ 1 9th (and Minnetota 5 ;
DYNAMITE SCATTERED
IN WAKE OF RUNAWAY
Frightened Team Dernol-j
I ishes Festival Tent Be
: fore Stopped
I ; -SPECIAL DISPATCH TO THE CALL: ,1
MARYSyiLLE,- July MarysViltg |
narrowly escaped' another, frigh'tfui ex- |
Plosion v, yesterday - when ; . a • team.of i
frightened -horses dashed through 'the i
streets; of ;the' majnj business section :
scattering, boxes "of dynamite in its
wake.'-" £_j": / \u25a0 . '. \u25a0-'\u25a0.
\u25a0iThe '^*fagon had - a load of ice and
dynamite for dredge mines at Hamon
ton \u25a0 and'- was leaving town; when, the
hors^s,^ became frightened, and started
to^runjjaway. The driver' lost control
°f t^Wnfandjhe wagon; and its^menac
ingifreight went oriia mad career down
Second * # street. > ,:;: ... •\u25a0
"*• Here ''a^ number ", of street" tents < were
beins^.erected- for > the: fourth of. July
celebration7 ; ic.The\wagon - collided^ with
and: demolished; several 'of .; -these," scat
tering-|the vjbokea *; of .dynamite in ~. the
heaps ;; of "canvas ,iwreckage. v i Several of
the .boxes - witre broken h open, . but the
dynamite ; for some ' reason \u25a0 failed . to' ex
plode. . ';\u25a0\u25a0:'"„: -. .\u25a0 /-\u25a0\u25a0 \u25a0\u25a0'\u25a0. \u25a0"\u25a0'- :•' - ; "- i
%The • team "was- finally caught ' and !
brought , to: a;; standstill.
Insurance I
1 ":' -'.This. great sale !is now town talk^^ne tells another and the news 1
II v of the great bargains is spreading like wildfire. We^are accustomed
to crowds,, but the response; is certainly breaking all
p Open tonight until 10 p clock q
I\u25a0' Prepare for^ the Fourth iof July— take advantage of the many I
J \u25a0' \u25a0 bargains throughout our entire establishment. Men's clothing, / |
I^fc furnishing-goods; hatsi shoes, boys* clothing, women's apparel at |
L ;;.;/\u25a0." prices the^manufacturing But why all ; 1
I* ; thisjtalk? You have; r^rd :^a^ J
I tageorit.v ,^ :> ' " " 1^
m '\ r Ow.il JT laiipiSCO vycllvlallQ .»'
BIG SMELTER COMBINE
IS BEING INVESTIGATED
Federal: Authorities After
Corporation Headed by
.Guggenheim
SUITS NOTUNLIKELY
Violations of; the Antitrust
: Are Reported
to Roosevelt
\u25a0\u25a0'.1; SPECIAL' DISPATCH TO THE CALL"
... WASHIXGTO JT, J"lr X--The irreat
! mnrlirr rorporatlon headed ky Simon
GugKFDhdm, aeaator elect from ; COIO- 0
\u25a0 rado, •ha a \u25a0. fallen . nader th« b«» of the
federal authorities, I and tnmt .hmltl**
experts are coßdnctla* an l«re«ti«atlon
to determine whether It la mot a com
binntion In violation of law. A salt for
dissolution of the eorporatlon, and poi
•lbly, crlml nal ' proeeedlns* haaedl on the
evidence '' accnmalated, I* ' eonaldered
likely, -v
;\u25a0 The smelter Investigation, which- was
personally ordered , by President Roose
velt,' has proceeded 'secretly, and efforts
have been "made; to prevent the Ameri
can smelting and refining company, the
parent' corporation," from discovering
that it is; about r to be placed on the
grill. The clrlpf . Investigation \u25a0 Includes
not > only t violations of the - antitrust
law,~ but also the - relationship sustained
by ; the Y; smelter .combine toward the
\u25a0 railroads' which traverse the country in
which' smelting ; ores # ',origlnate.
* ' It is •said'" positively *that alstatementa I statement
was ; submitted \u25a0 personally to President
Kboseyelt in which It was alleged that
through approximately absolute control
of smelting in the United States the al
leged trust has become \u25a0 so. powerful
that' it Is able to dictate ore rates on
the rail 'lines,' aggregating 30,000 or 40,
000 miles, which are controlled' by E. H."
Harrlrhan ) and J. J." Hill,' and that the
independent miners have been crowded
so close; to : the wall that many of them
'' must either go into bankruptcy or sub
mit to the terms of the combine.
Elks' Special Train
-.1 Leaves Oakland. Pier 11:30 a^. m.'JuTy
9 for. Philadelphia via the Southern Pa
cific.-.-Low-rate»tickets, long time lim
its;'stop overs. Passengers using th? 3
train ; should see Southern Pacific
agents - for details. *,
CALIFORNIA IXVEXTIOXS
WASHINGTON. July . 2.^-Oallfornia
patents were granted today as follows:
' Theodore G. Ames. Eirahurst. .ealVinsc too); I
Hardy ' A. C. ATera, '\u25a0 Hemet. saw *.;ttlns *v ma
chine: Clarence A. Bangs. > Sah Jc«e. collapsible
bass drum; Henry C. Clark." San Francisco. «-ml
, flanglns - mechanism ..for can'.l>o<ln;"»: also caa
end crimping and seamtnjc ' m'»ehjui;?m:. also
can ' flanging and lieail o?nm!ns . mechanism;
Thomas -B. Blackburn and CD. Uraua. ' Ox.
nard., side .'dumplns .rack' far car*:' Albert T.
Brocb, ' San '< Francisco, lannchlns ' apparatus, also
life .boat:- Richard Brown.'. San l*r«ncts^o, km
burner; Lawrence - A; ; Cactwoll. KtTersJiV;. ad
justable ferrule; Alton K. Cobb. Loh Anjeles
water : pressure ; air pump; . Julius d'Alessaudro.
Walnut GroTe. '• Tehicle . top support; . La fay.ut^
Durkee <„ and 'G. .Walter. .: Lo» Angeles, oil . nod"
water well. tslt4»:: William J. ami P. M. Fors
ter, Berkeley, plumliins Joint aod tittin?: Kob
ertj Grpen,' EseondJdo,' derice . for remof ins tirrs
from wheels ;- Burr' l^.' Harris, Los \u25a0'Angeles, gar
ter clasp:' Solomon- T. Holly. Los Angeles, steam
turbine: ' Fred '• Krahenbuhl. - San 'Jf rancisco. ;uv .
set; ' William ;,W. LoT»tt. Lo« AngeJes;- electrical
signaling apparatus; " Peter E. Margin*. Lr* An
geles/-.' Inhaling • apparatus ;\' Smith <M. , McClouJ,'
San Francisco, 7, trap : and tarjtet shooting ap- \u25a0
paratns; -WlHliin; W. Miller." Oakland. . railway
switch : , Arthur; M:- Parker, * Los • Angeles, sharp
ener; tool;'' Jofcn '\u25a0 C.*< Perry," Madera, ; paint com
pound ; i John •C - Reckweg, " Los . Angeles, - pi pa.«
ure' railway ; ; WiUard D. Smith, G. L. . Smith
and lAM P. - MacbrU. c Los Angele*. box making
apparatn* ; \u25a0 Isadora A. \u25a0•, Tomastai, Gnadalnnpe,
fun ; '\u25a0'\u25a0 George *L. Warnken. - Jamestown, pneo
monedlcnl.: apparatus: \u25a0; Conrad 'Worth, • Los An
geles, finger ring;- Parrln- Wright/: Los Angeles.'
controlling. and braking derlee for electric \u25a0 ek*
Tators; Harold A. Yarnell, Los Angeles,. wireless
transmission. *j ,f3SEBS6BtSS&
Army Lieutenant Will
Go to Philippines;
WASHINGTON, July 2.—
Army orders: Second Lieu-
tenant Carroll B. s Hodges,
Twelfth infantry, will, proceed
to Manila and report to Briga
dier General Charles L. Hodges
for appointment and duty as
aide de camp on his staff.
JOHN A. BENSON TAKEN
TO JAIL IN HANDCUFFS
Land Frauds Defendant V-Is
Worsted by Ferry-
Policeman Si^aSw
ALAMEDA. July 3.— John A. Benson,
who gained notoriety its a defendant In
the land fraud cases, clashed with two
state policemen and the gate, keepers
at the mole this evening and was placed.
under arrest. He' is charged with using
vulgar* language and disturbing the 1
peace. He was released on $35 balEbut
before he left the city prison ha. said
that he would take the matter cp with
Governor Gillett and demand that tha
policemen and grata keepers ba disci
plined. \u25a0\u25a0\u25a0.:'- \u25a0 ' . -\u25a0\u25a0. .
' Benson left Alameda to catch th* fer
ry and reached tho end of the mol« at
5:54. just as the gates 'were « being
closed. He attempted to hurry through,
but was stopped abruptly. A dispute
followed, and* two policemen were
called upon by the gate keepers to sub
due Benson. In. the altercation which
followed .Benson was handcuffed and
taken to the Alameda jail. He protest
ed vigorously that he had done nothing
to warrant such treatment. \u25a0
RICH FARMING LANDS ?
- V THREATENED BY* FIRE
Blaze TJiat Started in \ Mountains
'Southeast of Bakersfield Is Work
• ing Toward Walkers , Basin
BAKERSFIELD, July • 2.^— The „ latest
reports ; from the flr^ In the Sierra
Nevada- southeast of .here." which has
been- .raging for ,, four days past. I 3 to
the effect that|he blaze is .working fts
way! back , toiward the point where It
started and traveling in a large . clrcl*
in the direction of Plate mountain, and
"Walker basins. So far <the country
burned over has" been mostly unsur.
veyed.land.-but-tonight the Kern? county
land company, . McKay ; -Walker an»l
other rich .farming ".properties" "are
threatened. V"- A large force qof met» -i»
on the .'scene, relnftfrcemenfs . having
been sent from here last night?
WOULD. BRIBE POLICE CHIEF
.'SPOKANE, July/ 2. — Frank. Bruno,
proprietor of the -n« tor ious»Main block
.dive'ln^thls city*, and 9 his brother, Tom.-
BruhoC* were arrested this morning
charged^wlth .attempted : bribery, of
Ren Rice,, Spokane's new reform chiel
of police: Chief "Rice ° said ; that Tom
Bruno left a letter upon his desk con*
talnlng three % 100 bills and offered the
bills in evidence. Bruno acknowledges
the which . /expressed \u25a0 "appre--.
elation" "of a; rnlingr made by the chief
In . regard 0 to 'the; •women In • the Main
block dive; but he denies that It con
tained ; any money. '^KiBKM
\u25a0 \u25a0 - »\u25a0\u25a0-•\u25a0 •
FLAMES KILL THREE BOYS
HOUSTON. Tex.. July 2.-—: Firs
started by burglars, who looted a small
grocery here early this morning, caused
the'death'-of three boys, sons of Jacob
Pragrer. the store keeper, who lived on
the upper floor."
3