The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-05-18

Boise. May 17.-When the Haywood trial
was about to begin this morning Judge
Wood caused a decided sensation by an
nouncing that he had read i'll the morning
papers several articles concerning an IN
Ierview with the states most important
witness against the defendant Judge
Wood declared the publications were
highly improper. coming as they did dur
ing the impaneling of the jury.
While they appear TO the . Gour5 a. fnd h0e
Wood, they are nevertheless calculated
10 influence the Jury in this cause. Some
thing must be done TO prevent a recur-
renee of this if we are ever to get jury
The court is much surprised at this pub
LEGATION at this time and viii be glad TO
hear from counsel on the subject
HawIey Pleads Ignorance.
Mr.. Hawley. senior counsel for the
1--WE are now and always were OPP
posed to the publication OF anything az
rors," he said. Just how the court can
prevent a recurrence except by personal
request to the newspaper men 90 not
see"
Judge Wood interrupted:
''Tf 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 MIR. Hawley, Its power
might be well exerted TO prevent any re-
currence in the future. We OF the prose
rUtiOu will heartily assent TO eny meth
cd the court may adopt"
When Mr. HawIey had again taken his
seat Mr.. Richardson, of counsel Tor
II do not know and do not say that
these publications of this morning come
from the prosecution. But they are very
obvious The presence of prospective jul
rors alone prevents my saying what 1
would otherwise"
Richardson's Strong Language.
al ,lav-c Of the
special jury panel TO leave the court
ROOM exCusing them for one hour. he
then directed Mr.. Richardson to proceed
Il want in the first place" said the at
+ornev- s'to exonerate counsel for the
prosecution from what has occurred;
This man Orchard, after being secluded
for fifteen months, is suddenly mace &C
cessble at this time while we are IN the
midst of jury selection. II occurred IN
the examination of one Of the jurors the
other day that there was some prejudice
perhaps against this man Orchard and
ilis Testimony. ThereupOn the governor
of this state organizes a party and takes
the newspaper fraternity-nOt all. but the
representatives OF the Associated press
and that portion of the press which is re-
porting the trial agreeably and colorably,
down to the penitentiary, OF which ne
is the supreme officer, and has them IN
1T was done. your honor. for the ex-
press purpose of Influencing these jurors
to give credenee to this witness.
CoWaroiy and Dastardiy.
ct was a dastardIy outrage on his de-
fendant Anything that the court can dc
10 protect itself and this defendant an6
insure to him the fair trial to which he
IS entitled, will be heartily seconded bS
1--WE do not believe the attorneys fol-
the prosecution are responsible. We have
been watching them closely, ana IL they
think they have done anything that we d,
not know they are much mistaken. 1 cal
on them now to denOunce these things a.
emphatically as we have done.
I'VE especially object to the purportet
interview of the governor. saying VIVA
he had done to establish the credence O
the witness.
IF it was not patent before that TIL
governor of this state never INTENDED
that this defendant should have a fai
trial il is very evident now"
Remarks by Mr.. barrow.
Clarence barrow. for the defense, wa
the next to be heard.
He said: There car be but one pur