Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-05-18
INVESTIGATION
Concerning Orchard Inter-
view Ordered by Court.
Purpose Is Believed to Have
Been to Influence Jurors.
Governor Of Idaho Condemned for
Utterances Made.

|
of Former Governor Frank Steunen
berg, today directed the prosecuting at
torncy of Ada county to make an III
vcStiSation Of the circumstances uhuel
which Harry Orchard confessed Slayer
of Stounenbcrg, was interviewed 1ol
publication Yesterday and taken any le
gal steps that his inquiry showed to bt
Warranted.
Judge Wood drew attention to th'
publication of the interviews when he
asccnGed the bench this morning ahc
his request Of counsel for advice as tt
the manner in which the court should
deal with the incident brought IRON
the defence the charge tnat Governor
GoCding and certain newspapers
moved by the disclosure that there eX-
/ lists prejudice against Harry Orchard
/, haG sought to influence the jury by an
attempt to bolster up the credence that
may be given to Orchards story, and
the suggestion that Governor Gooding
= be cited for contempt.
Counsel for the prosecution defended
Gov. Godding and the newspapers in
clu.lcd in The charges and showed that
the applications for the Interview with
|
the examination of talesmen disclosed
| any prejudice against him. They in turn
charged that while some of the tales
mon were entering court this morning
men Indirectly connected with the de-
fence had made remarks within their
| hearing that were intended to influence
them and this affair is also to be made
the subject of inquiry by the county
| prosecutor.
| II calling attention to the orchard in
| tcrvcws, Judge Wood said that perhaps
| their publication was not an attempt to
| influence the jury, but as it was likely
to influence the jurors, he felt that
something must be done to prevent a
recurrence of such thing in order to
procure Il jury.
James II. Hawley, for the state. ex-
pressed his regret over publication Of
the interview with Orchard, and dis
claimed responsibility. The court drew
attention to tho utterances Of Gov
crnOr GOoding in connection with the
statement that Orchard is no to have
immunity for his confession, and at a.
suggestion from Mr.. Richardson that
the defence could not speak freely in
Tic presence of the jury requested all
talcSlnen to leave the room for an hour
Mr.. Richardson first exonoratcd the
prosecution from all connection with
the incident and then said:
"For a period of more than l. months
Mr.. Orchard has been incarcerated in
the pcntcntiary and excluded from all
observers as far as possible and guard
Cd in every possible way to prevent any
communication with the outside. II oc-
Cured yesterday at the examination Of
one of the jurors that there was some
question of the amount of credence that
could be placed on the testimony OF,
Orchard
'Tho governor of this state. who haSl
done things which have heon nues-
toned throughout the entire United
StatoS if not the civilized world. hav-t
ing the supreme charge Of the penten-
tiary Of this state and his appointce,
Warden Whitney. who has at all times
been his subscrvicnt and agreeable ad
wiser and alder in all that he has done,
took The Associated Press representa-
tivc% and that particular portion of the
newspaper fraternity who are report
ing this case aGrecably and colorably |
upon tho side of tho prosecution. to the |
p"nitcntiary yesterday to interview
Harry Orchard.
81: is p;3tcnt AS the fact that | stand |
Ecrc, that it was done for the express
purpose Of rchabiiitatinG Mr.. Orchard |
and giving him probability in the eyes
Of this jury and the eyes of the world
and it was 2 dastardly outrage upon
this defence"
II am frank to state that I don't be-
li.Vc that the authorized representa-
t!Vcs of Tho Associated Press. in sec
Ing this man and publishing anything
in regard I" lis physical ana mental
conditions. would place themselves in n
position where they were inHuenCingI
opinion on the part Of the jurors nor
"thcrNis" can ] sec how any expression
of that kind can initiate to the slight
st extent against the defence"
senator Enrah said that he could dis
:hus" tn" minds of counsel for the de-
i'nc" that tho interview with Orchard
ARCS" frCn anything that had urcd
i'll court
when those newspaper men came
Eerc," said Mr. Borah, "and they aro
among tic first newspaper men IN the
| nitcd States, the first earnest solicjta-
~, WAS 70 see Orchard ana that has
"""A i matter which the newspaper men
iad a desire to handle from the time
thcy arrived until the opportunity ar
rived yesterday"
senator Borah said he declined to
submit 70 the proposition that thcl
newspapers had interviewed Orchard
for the purpose of influencing the Jury.
he would not ask the press to publish
ihcIr articles to suit the prosecution
and he was not going to undertake toI
control the situation.
senator Borah said that if lie couIdl
nave had his way he would long aroI
nave put Orchard on exhibition. for hc
IneW that the minute it was done. this
Precise condition of affairs would arise
de contended that if the Orchard in
erVleW reflected on either side, il was
m the prosecution. He declared that he
would not believe that Governor Go,d-
h5 would do anything to DISQUALIFIED
hem from getting jury.
What right has Governor Goodinp !