The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-05-19
Had No Intention to Prejudice
Prospective Jurors in Per-
hitting Orchard Interview.
STRINGENT ORDER LIKELY
TO BE MADE in FUTURE
Little Progress Made Toward
Securing a Single Juror
for Haywood Trial. J

BOISE, Ida, May 1s.-Prosecuting
Attorney Koelsch has completed his IN
vcstigation Of the circumstances un-
der which Harry Orchard, principal
witness for the State In the Steunen-
berg murder case, was interviewed, and
today presented the District court with
a report generating from the charge
of improper motives, all persons con-
nected with the incident. He found
that the only motive that the newspa-
permen had in interviewing Orchard
was TO obtain news of him. In an
nouncing the report, Judge Wood said
that il called for no action and direct
ed that 1T be filed.
The report is in part as follows:
~ of course investigated the mat
ter with the view solely Of determln-
ing whether there had been any infTac-
tion OF our penal laws or contempt up
on the court L take it for granted
that with the question of the proprlety
or taste Of the publications under con-
sideration, [ have nothing TO do, at
least not in an official way. In order
TO come within the purview OF our
statute defining and Furnishing lmprop-
er attempts TO influence juror or per-
son summoned as juror, such attempt
must have been made Intentionally and
corruptly. and if so done it is a felony
A publication during the course OF a
trial which reflects upon the court or
assalls the litigants or seeks to intlm-
Idate witnesses or spreads before tue
Jury an opinion upon the merits OF the
controversy or threatens them with
public odIum or attempts 10 dictate
their decision. or in any improper way
endeavors to influence their determlna-
tlous, is a contempt of court.
Purely Matter of News.
'SI am able to report that my ius
vestigaton of the matter entirely dis
proves that any improper motive ac<
tuated anyone connected with the pub
hcations under consid 1t was
published purely as matter of news
which the correspondents had been
eager TO get for a long time, but had
been denied the opportunity OF getting
When this opportunity was finally CIV
en- to them, they seized it with avidity
and with no thought other than that IL
would be front page. scarehead mat
ter. This was natural Orchard, the
chief actor in the tragedy that was per-
petrated in the murder of ex-governor
Stcunenberg, had been denied to al
newspapermen for months. No one
had heard anything authoritative about
him. He became mysterious. Specula-
tion concerning him was INDUCED IN.
Stories of his physical and mental
breakdown circulated and found their
way into the press. Any wonder that
newspaper correspondents should wish
to see and interview himl Any Won
der that newspapers should overlook
the impropriety of publishing such in
terviews at this time? The Associated
Press men and others became so in
sstent to see him that their request
was finally granted, | am able to state
that this privilege was granted them
solely because of their repeated request
the slow yielding to their persist
ency.
cit never even entered into the minds
of those who granted this privilege that
there could be anything improper in
their action and no improper motive ac-
tuated them.
No Improper Motive.
u want TO emphasize that my in
vestigations absolutely disprove any I'M
proper motives on the part of anyone
who permitted these interviews. That
the ether statements contained IN the
publications under consideration were
not made at this particular time with
any improper intent is also further evil
denced by the fact that various state
ments have repeatedly, for a long time
prior thereto, appeared In the public
press.
During the investigation my atteu-
tion was directed TO the fact that for a
long time certain paper had devoted
itself almost exclusively TO publishing
matter tending TO discredit persons
likely 10 be called as witnesses in the
pending case, and when ] answered that
two wrongs could never make one right
that because others had not been pun
ished for contempt was not defense,
1t was, / was assured by both tho
Statesman and by the Capital News and
by each correspondent of outside papers
circulating in Ada county whom l was
able to interview. that they would glad
ly obey and abide by such rule as yonr
Honor might lay down forbidding any
publication that would in the slightest
degree tend to obstruct the proceedings
of this court or anything in the nature
of an opinion as to the merits of the
cause on trial.
II therefore recommend that your
Honor make and promulgate an order
along these lines as stringent as the law
will permit. and | promise TO make
every effort within my power and au-
thority toward a rigid enforcement Of
same and to bring before the proper
court every iufraction OF same, regard
less of whom the offender shall be. y
Nine Challenges Expended.
Progress toward the completion of
Jury TO try William d. Haywood is he
ing made by eXpending the peremptory
challenges allotted by law to State and
defense. If by no other means. Up to
ad iournment this afternoon the State
had consumed five Of its ten challenges
and the defense four of its challenges,
So that there remain une3pended elevsa