The Montgomery advertiser., 1907-05-18
ORCHARD
INTERVIEW
Judge Calls for an Elk
PLANTATION.
INFLUENCE ON TALESMEN
Richardson and barrow Score
Governor Gooding Of Idaho.
Caused story to Be Printed simply to
Create Sentiment Against De-
fendant-Borah Stands Up

Boise, ldaho, May Nv heh
the Haywood trial was about
to begin today Judge Wood caused a
decided sensation by announcing that
he had read in the morning papers
articles concernig an interview with
the States most important witness
against the defendant. Judge Wood
declared the publications. were highly
improper, coming as they did. during
the empaneling of the jury.
While they appear to the court as
not precisely in contempt" continued
Judge Wood, they are nevertheless
calculated to influence the jury In
this case. Something must be done to
prevent recurrence of this, IL we
are to get jury. The court Is mucn
surprised at this publication at this
time, and will be glad to hear from
counsel on the subject.
Mr.. Hawley, senior counsel for the
State, arose:
1--WE are now, and always were OPP
posed to the publication of anything
at any time tending to prejudice pos
sible jurors" he said. Just how the
court can prevent recurrence except
by a public request to the newspaper
men, 1 don't see."
Judge Wood replied:
eff the purpose of these publications
was to influence the jury there Is
way to reach it." he said significantly.
IF the courts request does not
prove sufficient" said Mr.. Hawley.
'fts power might be well exerted to
prevent any recurrence in the future.
We of the prosecution will heartily
assent to any method the court may
adopt"
Richardson Insinuates.
When Mr.. Hawley had again taken
his seat Mr.. Richardson of counsel
for Haywood said:
II don't know and 1 don't say that
these publications of this morning
came from the prosecution. But they
are very obvious. The presence of
prospective jurors alone prevents my
saying what I would otherwise"
Judge Wood ordered all members of
the special jury paneled to leave the
court, excusing them for one hour.
He then directed Mr.. Richardson to
proceed.
Il want in the first place" said the
attorney. ''to exonerate counsel for
the prosecution from what has &C.
Cured. This man Orchard, after be-
ing secluded for fifteen months is
suddenly made accessible at this time
while we are in the midst of jury Sc
lection. 1t occurred to me in the ex-
animation of one of the jurors the
other day that there was some pre-
judice. perhaps, against this man
Orchard and his testimony. There
upon the Governor of this State or
ganizes a party and takes the news
paper fraternity-not all, but the rep
resentatives of the Associated Press
and that portion of the press which
is reporting the trial agreeably and
colorably, down to the penitentiary,
of which he Is the supreme officer,
and has them interview this man.
TT was done. your honor, for the
express purpose of influencing these
jurors-to give credence to this wit
ness.
DastardIy Outrage.
TT was dastardly outrage on this
defendant. Anything that the court
can do to protect itself and to protect
this defendant and insure to him the
fair trial to which he is entitled. will
be heartily seconded by US.
fwe do not believe the attorneys
for the prosecution are responsible.
We have been watching them closely
and II they think they have done any
thing that we do not know they are
much mistaken. 1 call on them now
to denounce these things as emphati-
cally as we have done.
I'VE especially object to the pur-
ported interview of the Governor,
saying what he had done to establish
the credence of the witness.
IF 1t was not patent before that
the Governor of this State never in
tended that this defendant should not
nave a fair trial, it is very evident
now"
Clarence barrow, for the defense,
was the next to be heard. He said
There can be but one purpose in
this joint reception of Governor Good
ing and his friend, Mr.. Orchard. 1t
was to influence the case at this time
scarcely know how to frame my at
titude in proper language. 1t seems
to me that this effort to give Mr..
Orchard credence must have come
from the disclosures made here as to
the attitude of certain talesmen.
Mr.. Darrow characterized Orchards
statement as maudlin religious idiocy
He said that every man must know
that the statement of the Governor as
to Orchards waiver of immunity was
manifestly untruf. He said it was
absurd to think that a man would
willingly put the halter around his
neck. Mr.. Darrow exonerated the
prosecution from any hand in the
matter, but denounced the incident as
the most fragrant attempt to influence
jury he ever saw.
Judge Wood interrupted TO ask that
the County Prosecuting Attorney be
sent for.
Mr.. barrow said he had not thought
enough yet to say what ought to be
that the case should not be tried at
this time.
Call in the Governor.
1--WE are entitled" he went on, ito
try this defendant face to face with
all the witnesses against them.
think the Governor should be called
in here before this court. Not anoth-
er, citizen of the State is so much re-
sponsible as he. At least he should
first be called. If this matter calls
for contempt he should be punished
Mr.. barrow said the newspapers
should be given to understand what
is expected of them in the admins
tration of Justice. He closed by say
ing that he was prepared to leave the
matter to the court.
Mr.. James H. Hawley, leading coun-
sci for the prosecution, followed and
spoke at considerable length. He
said that he deeply regretted any oc-
currence\ that might prejudice the
case. but he disclaimed any RESPONSE
Diltty.
AZ 10 20, 81 h.