The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-05-17

| IL II was NOT patent DeIOre IHal iHe
governor of this state never INTENDED
that this defendant should have fair
trial, it is very evident now"
Clarence Darrow, for the defense,
was the next to be heard. He said:
There can be but one purpose in this
joint reception of Governor Gooding
and his friend Mr.. Orchard. 1t was
TO influence the case at this time /
| scarcely know how to frame my atti-
| tude in proper language. 1t seems to
me that this effort to give Mr.. Orchard
| credence must have come from the dis
| closures made here as to the attitude
| of certain talesmen."
! Mr.. Darrow characterized Orchard s
! statement as maudlin religious idiocy.
He said that every man must know
that the statement OF the governor as
| to Orchards waver of immunity was
| manifestly untrue. He said it was alb
| surd TO think that a man would will
| ingly put the halter around his neck.
| Mr.. Darrow eXOnerated the prosecution
| from any hand in the matter but de-
| bounced the incident as the most flag
| rant attempt to influence a juror he
| ever saw
! Judge Wood interrupted to ask that
| the county prosecuting attorney be
| sent for.
Mr.. Darrow said he had not thought
i done in the case. 1t might be that
the case should not be tried at this
time I'VE are entitled" he went on,
Ito try this defendant face to face
think the governor should be called in
here before this court. Not another
citizen of the state is so much respon-
sible as he. He at least should first
be called. If this matter calls for con-
tempt he should be punished
Mr.. Darrow said the newspapers
should be given to understand what is
expected of them in the administration
of Justice He closed by saying 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 considera BILE length. He said
that he deeply regretted any occur
renee that might prejudice the case,
but he disclaimed any responsibility
Mr.. Hawley pointed out that for the
last two months there had been con-
tinuous circulation OF papers misstat-
ing what was evidence or testimony
that purported to be evidence and evil
IDENTIFY intended to influence the case.
The principal witness. (Orchard),"
he said has been continually referred
to in a manner calculated to prejudice
him in the public mind. Persons who
are interested in the defense have, we
have been told, talked to the prospec-
tive jurors. This we have heard of
and only this morning A matter of
this kind was reported to us as having
taken place on the lawn of the court
house"
Turning to the case in hand, Mr..
Hawley pointed out that the position
of Orchard had for the last year been
consistently and persistently misrep-
resented The prosecution had been
besieged by newspaper men for an in
terview with Orchard.
Mr.. HawIey, referring to the pub
Iished interview with Orchard. said
that he could see no reason why the
authorized representatives of the As
socfated Press should not have been
allowed to see Orchard. in order that
it might give the public Information
as to the mental or physical condition
of Orchard. Mr.. Hawley said he saw
no objection to this. He could not see
how any right of the defendant could
be impaired He could, however. un-
derstand how an interview with the
governor purporting to give an eX-
preston of opinion by the governor
might have a bad effect.
Mr. Hawley did not believe that there
was any idea on the part of Governor
Gooding that what he had to say would |
have any influence on witnesses or jury. |
Mr. Hawley said the prosecution heart |
lily deprecated anything that would in /
any way influence the case. So far as
the good taste in the matter was con- |
cerned he agreed with the defense, but |
as to the effect h ntirely disagreed.
Court Asks Advice.
The court would like to be advised /
as to the duty in the CASE said Judge /
Wood.
Continuing, Mr. Hawley repeated he |
could see no reason why the Associated |
Press should not be allowed to see Or
chard and send out the interview. Mr.. |
Hawley said If any injury was done it |
was done to the prosecution which was |
the loser.
Senator Borah followed Mr.. Hawley. |
He said that ever since they reached the
city all of them had frequently. re
quested permission to see and interview
Harry Orchard. They did it as a part
of their newspaper business.
1T is going a long way" he declared,
Ito say that the first newspaper men |
of this country, representing the first |
of the country, had as their |
object the influencing of these jurors
or that they attempted in any way to
interfere with the cause on trial"
Senator Borah charged that the de-
fense was running newspapers whose
sole object was to create prejudice.
we do not run newspapers" he de-
clared with a display of feeling. The
men who have come to this
trial have perfect right to their Opin-
ions and to an expression Of them. They
would be ninnies and foolish if they
came here without opinions. 1 resent
the proposition that they intend to con-
troll or influence this jury in any way"
The question is,'' interrupted Judge
Wood. was it intended on the part of
any one"
II don't believe it was said Sena-
tor Borah. Il will say this though,
that If this man Orchard had been in
my keeping I would have put him on
exhibition long ago and kept him
there. Nothing has passed the con-
troll of the prosecution calculated to
hurt the men on trial. If any harm
has been done it has been done to the
prosecution
What right has the governor of
this state to be prosecuting this case %
shouted Mr.. Richardson.
THE governor is the chief executive
of the commonwealth" rejoined SEN
ator Borah. He believes a crime has
been committed which involves the
of this state and if he had
laid down in the face of duty. he