Omaha daily bee., 1907-05-19
'Ors Of Them Had Any Intention Il
Influence Jursra
JDeE WOOD ORDERS REPORT FILED
Ee Says that it Calls for No Action BY the
Court.
ELEVEN CHALLENGES YET UNUSED
Little Probh biIity that the Jury
VIII he Completed Before
the Middle OF the
week.


! BOISE. Idaho. May ls-Prosecuting At.
torney Koelsch has completed his invesu-
cation OF the circumstances under which
Harry Orchard, principal witness for tho
state in the steunenberg murder case, was
interviewed. and today presented the dis
trict court with report generating from
the charge Of improper motives all persons
connected with the incident. lie found
! that the only motive that the newspaper
men had in interviewing Orchard was to
obtain news of him. In announcing the
report Judge Wood said that it called for
no action and directed that it be filed.
The report is In part as follows:
! II, OF course, Investigated the matter
with the view solely of determining whether
! there had been any infraction OF our penal
laws or contempt of the court / take
1t for granted that with the question Of
| the propriety or taste of the publication
under consideration, have nothing to do.
| at least not IN an officiaI way. In order
to come within the purview OF our statute
defining ana furnishing improper attempts
| TO influence a juror or person summoned
as a Juror. such attempt must be made
Intentionally and corruptIy. and il so done
it is a felony. publication during tho
course of a trial which reflects upon the
court assails the litigants or seeks TO
intimidate witnesses or spreads before the
jury an opinion upon the merits Of the
controversy or threatens with public odlum
or attempts to dictate their decision or in
any improper way endeavors to influence
their determination is a contempt of court
Purely Matter of News,
Il am able to report that my investi-
cation Of the matter entirely dsproves
that any improper motive actuated any
one connected with the publication under
consideration 1t was published purely as
a matter of news. which correspondents
had been eager to get for a long time. but
had been denied the opportunity OF get
ting. When this opportunity was finally
given TO them they seized 1t with avidity
and with thought other than that It
would be front page scare-head matter.
This was natural. Orchard, the chief actor
in the tragedy that vas perpetrated In
the murder Of Ex-Governor Steunenbers.
had been denied to all newspaper men
for months. No one had heard anything
| authoritative about him. He became mys-
terious. Speculation concerning him was
indulged in Stories of his physical and
mental breakdown circulated and found
their way into the press. Any wonder that
newspaper correspondents should wish to
see and interview him? Any wonder that
I
priety of publishing such interviews at
this time? The Associated Press men and
others became so insistent to see him that
their request was finally granted. I am
able to state and do state, this privilege
was granted them solely because OF their
repeated request-the slow yielding to their
persistency.
1T never even entered the minds OF
those who granted this privilege that there
could be anything improper in their action
and no improper motive actuated them.
Improper Motives Disproved.
Il want to emphasize that my investiga-
tion absolutely disproves any improper
motives the part OF anyone who per-
mtted these interviews. That the other
statements contained in the publications
under consideration were not made in this
particular time without any improper in
tent is also further evidenced by the fact
that various similar statements have re-
peatedly for a long time prior thereto
appeared in the public press.
During the investigation my attention
was directed TO the fact that for a long
time a certain paper had devoted itself
almost exclusively to publishing matter
tending TO discredit persons likely to be
called as witnesses IN the pending case,
and when I answered that two wrongs
could never make one right-that because
others had not been punished for con-
tempt was not a defense, I was assured
by both the Statesman and by the Capital
News and by each correspondent OF the
outside papers circulating in Ada county
whom 7 was able 10 interview, that they
would gladly obey and abide by such rule
as your honor might lay down forbiddinR
any publication that would in the slightest
degree tend 70 obstruct the proceedings
Of this court or anything in the nature OF
an opinion as 10 the merits OF the case
on trial
"I therefore recommend that your honor
make and prornugate an order along these
lines as stringent as the law win permit.
and I promise to make every effort within
my power and authority 20 effect a rigid
enforcement OF the same and to bring be.
fore the proper court every infraction of
the same. regardless Of whom the offender
shall be-"
Progress toward the completion ~ a Jury
10 try William D. Haywood II being made
by expending the peremptory challenges al
lotted by law to state ana defense, n by
no other means. Up to adjournment this
afternoon the state had consumed five OF
It's ten challenges and the defense four.
so that there remain unexpended eleven
challenges The special venire OF 100 tales
men that reported in court last Monday
was at the close OF today's session reduced
10 a file Of twenty-sX men, and II is pre-
dcted that another special venire must
be called about Tuesday IN order TO COM
pIete the jury Today's proceedings showed
sharpening Of the contest Between op-
posing counsel There was an absence OF
yielding and differences were fought out
and left 70 the court for decision. The
ever-changing Jury Is now largely COM
posed OF men beyond the middle line OF
life, but the unexpendfd challenges may
change Il IN any direction.