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

pose in this joint reception of Governor
Gooding and his friend Mr.. orchard. 1t
was to influence the case at this time.
I scarcely know how to frame my atti-
tude in proper language. IL seems to me
that this effort to give Mr.. Orchard cred
enee must have come from the dlScloS-
ures made here as to the attitude Of GER
tain talesmen.'
Mr.. Darrow characterized Orchard s
statements as maudlin religious idiocy.
He said that every man must know that
the statement of the governor as to Orch
ards waiver of immunity was manifestly
untrue. He said il was absurd TO think
that a man would Willingly put the hall
ter around his neck. Mr. barrow exon
Grated the prosecution from any hand in
the matter. but denounced the incident as
the most fragrant attempt TO Influence a
juror he ever saw
Court Sends for County Attorney.
Judge Wood interrupted to ask that the
county prosecuting attorney be sent for.
Mr. barrow said he had not yet thought
enough to say what ought TO be done in
the premises. 1t might be that the case
should not be tried at this time we are
entitled he went on, Ito try this de-
PENDANT face-to-faee with all the wit
nesses against him. 1 think the governor
should be called in mere before this court.
Not another citizen Of the state is so
much responsible as he He at least
should first be called. If this matter
calls for contempt he should be pun
ished"
Mr.. barrow 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 pre-
pared TO leave the matter to the court.
Regrets of Mr.. HawIey.
James H. Hawley leading counsel for
the prosecution. followed and spoke at
considerable length He said that he
deeply regretted any occurrence that
might prejudice the case, but he dis
claimed any responsibility. Mr.. Hawley
pointed out that for the last twelve
months there had been continuous cir
cuIation of papers misStating what was
evidence or that purported to be evidence
and evidently intended to influence the
case. This particular witness Orch
ard)." he said. has been continually re-
ferred to in a manner calculated to preju-
dice him in the public mind. Persons who
are interested in the defense have, we
admit talked to prospective 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
courthouse.
HaWley pointed out that the position of
/ Orchard had for the last year been con-
sistently and persistently misrepresented
| The prosecution had been besieged by
newspaper men for an interview with
! Orchard.
Governors Remarks Damaging.
/ Mr.. Hawley. referring to the published
Z
could see no reason why the authorized
representatives of the Associated Press
should not have been allowed to see
/ Orchard in order that it might give the
/ public information as to the mental OF
/ physical condition of Orchard. Mr.. Haw-
/ ley said he saw no objection to this. lie
/ could not see how any right of the de-
PENDANT could be impaired. He could
| however. understand how an interview
| with the governor. purporting to give ar
expression of opinion by the governor
might have bad effect. Mr.. Hawley die
not believe that there was any idea or
! the part Of Governor Gooding that whai
! 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
| Wav Influence the case. So far as tbs
good taste in the matter was concerned
I he agreed with the defense. but as 10 the
effect he entirely disagreed
''The court would like TO be advised a!
( 20 its duties il the case, said judge
I Wood.
Continued on Page 2.