The Birmingham age-herald., 1907-05-18
Orchards Interview Was the Means, Says Defense, and
 Judge Orders Investigation
HAYWOOD COUNSEL BITTER
 IN THEIR OENUNCIATION
Court Draws Attention to Promise of Governor Gooding That Orchard Is Not to Have Immunity.
 Untrue, Says Defense.

Boise Idaho, May 17.-Judge Fremont Wood today directed the prosecuting at- torney of Ada county to make an investi- gation of the circumstances under which Harry Orchard was interviewed yester day Judge Wood drew attention to the interview this morning and his request for advice as to the manner in which the court should deal with the incident brought from the defense the charge that Governor Gooding and certain newspapers had sought to influence the jury by an at tempt to bolster up Orchards story. Hay woods attorneys suggested that Gov ernor Gooding be cited for contempt.
 The prosecution defended the governor and the newspapers and showed that the applications for the interview with Orch ard had been made weeks before the ex- animation of talesmen disclosed the preju- dice against him. They in turn charged that while some of the talesmen were en- te1ing court this morning men indirectly called connected with the defense had made remarks calculated to influence them. This is also to be investigated by the county prosecuting attorney.
 In calling attention to the Orchard in terviews Judge Wood said that perhaps their publication was not an attempt to influence the jury, but he felt that some thing must be done to prevent recui- rences.
 Hawiey DiscIaims Responsibility.
 James IT. Hawley for the state ex- pressed his regret over the interviews and dsclaimed responsibilitw. The court lrew attention to the utteeaaces or Gov ernor Gooding in connection with the statement that Orchard is not to have i'm munlty and at suggestion from MT. Richardson that the defense could not speak freely in the presence of the jury, requested all talesmen to leave the room for an hour.
 MT. Richardson first exonerated the prosecution from all connection with the incident and then said:
 For more than fifteen months Orchard has been guarded in every possible way to prevent communication with the out side. 1t occurred yesterday at the exam nation of one of the jurors that there was some question of the amount of credenee that should be placed the testimony of Orchard. The governor of this state who has done things which have been questioned throughout the country, and his appointee, Warden Whit ney who has at all times been his sub servient and adviser, and alder, took the Associated Press representatives and that
  iernity who are reporting this case agree ably and colorably to the prosecution to the penitentiary yesterday to interview Orchard. It is patent that it was done to influence these jurymen for the purpose of rehabilitating Orchards credibility and it was a dastardly outrage on this de- fense.'
 MT. Richardson drew attention to the statement of Governor Gooding that no promises had been made to Orchard and said:
 If 1t 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 defend- ants, heretofore, it is patent now"
 MT. Darrow who followed MT. Richard son, said in part:
 Only One Purpose.
 "Of course there can be only one pur- pose in this joint reception of the gov ernor and his friend Orchard, and that was to influence this case It seems that this effort to give Orchard credence must have come directly from the disclosures made by various jurors to what they thought of Orchard and his confession. The interview contains a lot of maudlin ldiocy-a man telling about books on religious subjects, he has been reading, In face of his whole attitude of mind for his whole life and the governor coming In and stating something which must ap- pear to every lnlellSenL man as being absolutely untrue, that this man deb- erateIy placed his neck in the halter with out any hope of reward and scattering that broadcast when we have twelve men In the box and fifty unexamined.'
 The court interrupted to send for the prosecuting attorney. When MT. Darrow resumed he suggested that the governor be called before the court. Mr Hawley laid he had just finished reading the in- teryiew and suggested that possibly both the defense and the court were under a misapprehension. He defended the Boise papers and told of the constant circula- lion throughout the country of papers in he interest of the defense which has naligned the prosecution so as to create false impression as to the motives Of he prosecution. He said that the condi- lion of Orchard had been absolutely mis- itated. If representatives of the Asso- siated Press have been permitted to see lhis man and without conversation with aim except in regard to his health, have latished desire for Knowledge in re- gard to his condition, I would be unable to see how that in the slightest degree would prejudice the cause of the de- ense. I am frank to say that do not believe that the authorized reports of the Associated Press in seeing the man and publishing anything as to his mental physical condition would place them elves na position where they were in- luencing opinion on the part of jurors IT otherwise nor can I see haw any ex- ,ression of that kind can initiate to the 1ightest extent against the defense"
 MT. Hawley took the same ground to he correspondents, who saw Orchard and eclared that he did not believe Governor iooding was seeking in any way to ere de prejudice He said the matter oper- ted against the prosecution rather than he defense.
 Senator Borah said he could not agree 7ith counsel for the defense that the merview arose from something that had ccurred in court
 When these newspaper men came ere. and theU are among the first news