Los Angeles herald., 1907-05-18
Judge Wood Orders Full
Investigation of
Incident
Attempt to Prove That Steunenbere's
Slayer Has Not Been Promised I'M
munity May Delay Trial Of
Haywood Case
BY Associated Press.

BOISE, Idaho, May 17.-Judge FIRE.
mont Wood, who is presiding at the
Steunenberg murder trial, today di'
rected the prosecuting attorney of Ada
to make an investigation of the cir
cumstances under which Harry Orchard
was interviewed for publication yester-
day and take any legal steps that his
inquiry showed to be warranted.
Judge Wood drew attention to the
publication of the interviews when he
ascended the bench this morning and
his request of counsel for advice as to
the manner in which the court should
deal with the incident drew from the
defense the charge that Governor Good
ing and certain newspapers, moved by
the disclosure that there exists preju-
dice against Orchard, had sought to
convince the jury by an attempt to
bolster up the credence that may be
given to Orchards story and the sug-
gestion that Governor Gooding be cited
for contempt.
Counsel for the prosecution defended
Governor Gooding and the newspapers
included with the charges and showed
that the applications for the interview
with Orchard had been made weeks be-
fore the examination of talesmen dis
closed the prejudice against him.
They in turn charged that While some
of the talesmen were entering the court
this morning men indirectly connected
with the defense had made remarks in
their hearing that were calculated to
influence them, and this affair is also
to be made the subject of inquiry by
the county prosecuting attorney.
In calling attention to the Orchard
interviews, Judge Wood said that per-
haps their publication was not an at
tempt to influence the jury, but as 1t
was calculated to influence the jurors
he felt that something must be done to
prevent a recurrence of such thing in
order to secure jury.
James H. Hawley, for the state, ex-
pressed his regret over the publications
of the interviews with Orchard and dis
claimed responsibility for them.
Jury Sent from Room
The court drew attention to the ut
terances of Governor Gooding in con-
nection with the statement that Or
chard was not to have immunity for
his confessions and at a suggestion
from Mr.. Richardson that the defense
could not speak freely in the presence
of the jury requested all talesmen to
leave the room for a while. Mr.. Rich
ardson first exonerated the prosecution
from all connection with the incident
and then said:
"For, a period of more than fifteen
months Mr.. Orchard has been incarcer-
ated in the penitentiary in this state
and secluded from all observers as far
as possible and guarded in every way
to prevent any communication with the
outside. 1t occurred in connection with
the examination of one of the jurors
the day before yesterdaythat there was
some question as to the amount of
credence which should be placed upon
the testimony of Mr.. Orchard"
Mr.. Richardson drew attention to the
statement of Governor Gooding that no
promises had been made to Orchard
and said:
"If it was not entirely patent to the
whole civilized world that the governor
of this state never intended that we
should have fair trial for these de-
PENDANTS heretofore, 1t is certainly pat
ent at this time"
Mr.. Darrow, who followed Mr.. Rich
ardson, said in part:
"Of course there can be but one pur-
pose in this joint reception of the gov
ernor and his friend, Mr.. Orchard, and
that was to influence this case at this
time"
Wants Gooding Called
The court interrupted to send for the
prosecuting attorney, and when Mr.
Darrow resumed he suggested that the
governor be called before the court
Mr. Hawley said that he had just fin
ished reading the interview and sug-
gested that possibly both the defense
and the court were under a misappre-
hension.
He said that the condition of Orchard
had been absolutely misstated and mis-
understood. IF in taking this matter
up, If in seeing this witness the repre-
sentatives Of the Associated Press have
been permitted to see this man without
conversing with him except in regard to
his health, have satisfied that desire
which is expressed throughout the
country to know in regard to his con-
dition, would be unable to see how
that in the slightest degree would
prejudice the case of the defense"
The other important development Of
the day was the raising of the question
as to the states right to employ ten
peremptory challenges. The state for
merly had but five, but at the last