The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-05-17
BY Calling Attention to the In
terview With Orchard.
SENDS OUT THE JURY
While Attorneys on Both Sides
Express Their Views.
Governor of Idaho Comes in Tor
Some Hard Raps.
County Attorney Is Ordered to
Investigate the Circumstances.

Boise. Idaho. May 17.-At the opening
Of the Steunenberg murder trial Judge
Wood directed the prosecuting attorney
of Ada county to investigate the cir
cuInstance under which Harry Orchard
was interviewed for publication yester-
day with a view of ascertaining if there
had been any attempt to influence the
jurors in the case and to take such ac-
ton as he found the circumstances to
warrant. In drawing attention to the
matter Judge Wood asked counsel II
they could offer any suggestions as to
the duty of the court
Mr. Richardson vigorously denounced
the incident as a deliberate attempt TO
influence prospective jurors. suggested
by the disclosure of prejudice against
Harry Orchard and his testimony and
inspired by Governor GOOding. Mr.
Darrow took the same ground and sug-
gested that Governor Gooding be cited
for contempt Both Mr.. Richardson and
Mr. Darrow protested that the publica-
tion of the Orchard interview grieVOus-
ly injured the defense. Mr.. Hawley for
the state deplored the incident. but
maintained that it would injure the
prosecution more than the defense. He
also drew attention to the widespread
newspaper campaign in behalf of the
defense and the misstatements that had
been circulated about Orchard, and said
that he could see no harm in permitting
the newspaper men to interview Orchard
on general lines.
Senator Borah said he could dispose of
the misapprehension of counsel for the
defense that the interview was part Of
a plan to give credence to Harry Or
chard after IT had been shown that GER
tain talesmen We're biased against him.
because the effort TO see Orchard upon
the part OF the newspaper men had
been in progress for 3 weeks. He spirit
edly defended Governor GOoding and
the newspaper men on the charge that
Tn trial was interrupted for an hour. at
the end of which time examination of
talesmea was resumed
Sensation IN Court.
When the Haywood trial was about
TO begin this morning. Judge Wood
caused a decided sensation by an
nOuncing that he had read in the
N Orning papers several articles con-
ce~niEg 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 en-
paneling of the jury.
While they appear to the court IS
rot precisely III contempt" continued
Judge Wood. they are nevertheless
calculated TO influence the jury in this
cause. Something must be done to
prevent recurrence Of this if we are
ever 10 get a jury. The court is much
sItTiiriSed at this publication at this
time and will be glad to hear from
counsel on the subject"
M Hawley, senior counsel for the
state. arose.
we are now and always were op-
posed to the publication of anything
At any time tending TO prejudice
jurors he said Just how the court
can prevent a recurrence except by a
public request to the newspaper men, |
i don't see"
Judge Wood replied:
If the purpose Of these publica-
tions was to influence the jury there
Is way to reach it," he said sig
nificantly.
IF the courts request does not
prove sufficient" said Mr.. HawIey !
"its power might be well exerted 20
prevent any recurrence in the future
We of the prosecution will heartily
assent to any method the court may
adopt
When Mr.. Hawley had again taken
his seat. Mr.. Richardson of counsel for |
Haywood said:
Richardson Takes 1t Up.
q don't know and I don't say that
these publications came from the
prosecution. But. they are very obvi- |
GUS The presence of prospective I
jurors alone prevents my saying what
1 would otherwise
Judge Wood ordered all members /
OF the special jury panel to leave the /
hour He then directed Mr.. Richard /
son to proceed.
I want in the first place" said the
attorney. Ito eXonerate counsel for the I
prosecution from what has occurred |
This man Orchard, after being seclud- !
ed for 8 months is suddenly made ac-
cessible. at this time while we are in
the midst Of jury selection. 1t occur
red in the examination of one of the
jurors the other day that there was
some prejudice perhaps against this /.
man Orchard and his testimony. |
ThereupOn the governor of this state i
organizes a party and takes the news Z
paper fraternity-not all. but the rep
resentatives of the Associated. Press
reporting the trial-a greeably and +,
colorably down to the pen of which he |
IS the supreme officer, and has the |
interview of this man.
1T was done, your honor for the
express purpose of inStructing these
jurors-to give credence TO this wit !
ness.
1T was a 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.
I'VE 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 known they are !
much mistaken.
Il call on them now to denounce |
these things as emphaticaliy as we |
have done.
Raps the Governor.
I'VE especially object to the pur-
ported interview of the governor, say-i