Omaha daily bee., 1907-05-18
JUDGE WOOD AROUSED
Court Regards Orchard Interview as
Attempt to Influence Jury.
ATTORNEYS DENoUNce PUBLICATION
Defense Says Governor Gooding Should Be
Cited for Contempt
PROSECUTION DEFENDS THE EXECUTIVE
They Say Publication Will React Upon
Case Of the State.
COUNTY ATTORNEY TO INVESTIGATE
Judge says He VIII Punish All
Attempts 60 Interfere with secur-
ing Jurors or Efforts TO
influence Them.
COUNTY ATTORNEY TO INVESTIGATE


Wood, who is presiding at the Steunenberg
murder trial. today directed the prosecut-
Ing attorney of Ada county to make an In
vestgation OF the circumstances under
which Harry Orchard was interviewed for
publication yesterday and take legal steps
that his inquiry showed to be warranted.
Judge Wood drew attention to the publ
cation of the interviews when he ascended
the bench this morning. and his request Of
counsel for advice to the manner in
which the court should deal with the incl
dent brought from the defense the charge
1 that Governor Gooding and certain news
papers, moved by the disclosures that there
exists prejudice against Harry Orchard.
had sought to influence the jury by an. at
tempt to bolster up the credence that lpay
be given to Orchards story and the sug-
gestion that Governor Gooding be cited for
contempt.
Counsel for the prosecution defended
Governor Gooding and the newspapers in
cuded within the charges and showed tina.
the applications for the interview with
Orchard had been made weeks before the
examination Of talesmen disclosed the pref
udice against him. They in turn charged
that while some of the talesmeL were
terlnE court this morning men directly
connected with the defense had made re-
marks within their hearing that were cal
culated to influence them, and this affair
is also to be made the subject of inquiry by
the county prosecuting attorney.
Few TaIesmen Examined.
The other important development Of the
day was the raising Of a question as to the
right OF the state to enjoy ten peremptory
challenges. The state formerly had been
entitled to but Ave. but at the last session
OF the legislature, which, was subsequent to
the assassination of Governor steuenberg
the law was amended, increasing the num-
ber to ten-the same as allowed the de-
lawfense. The question was as 20 whether
this amendment constituted ex post
facto law After argument, the court ruIed
that the law was not post facto, and
4qt the state had the right to ten chal-
ldngea. In arguing the mattsr, Mr.. Richard
<on said that the weight of authority was
Ewith the contention of tho state, but he
N said that his side Intended TO make the
+ most Of the point IN tho higher court 81
. circumstances warranted. and made tiis
n assertion that the legislature of Idaho had
y amended the law because Of the cases of
Haywood, Moyer and Pettibone. Both Mr..
Hawley and Senator Borah resented this
statement and the Judge said that the
court would not for a moment assume the
motives OF the legislature had been Inn
proper.
sentinK a total OF three by the defnse and
two by the state, was made late this after
noon, and at adjournment an effort to fill
the place made vacant was in progress.
United there are fifteen more challenges
TO be exhausted and OF the special venire
Of 100 talesmen, only t--rty-four remain.
There will be a short session tomorrow
and the case will then go over until Mon
daq
Judge Asks suEEestiOns.
At the opening of the trial today Judge
Wood directed the prosecuting attorney OF
Ada county to investigate the circumstances
under which Harry o. ohsrd was inter
viewed for publication yesterday with a
view OF ascertaining whether there had
been any attempt to influence the Jurors in
the case and take any steps he found cir
cumstances to warrant. In drawing atten-
A ton to the matter Judge Wood asked coun-
sci II they could OFFER any suggestions RS
TO the duty OF the court. Mr., Richardson
vigorously denounced the incident as a de-
hberate attempt to influence prospective
Jurors. suggested by the disclosure OF preju.
dice against Harry Orchard and his testi.
mony and inspired by Governor Gooding
Mr.. Darrow took the same ground and sus
gested that Governor Gooding be cited fol
contempt. Both Mr.. Richardson and Mr.
Darrow protested that the publication o.
the Orchard interviews grtevously injured
the defense
MI Hawley for the state dsplorec th,
incident, but maintained that II would IN.
Jurs the prosecution more than the defense
He also drew attention TO the widespread
newspaper campaign in behalf OF the de-
Tense and the misstatements that had beer
circulated about Orchard, and said that b,
could see no harm in permitting the news
paper men to interview Orchard on gen.
eraI lines
Senator Borah said he could dispose o.
the mlsapprshension OF counsel for the De
fense that the interview was part OF
plan to give credence 10 Harry Orchard
after It had been shown that certain tales
men wee biased against him because th'
eftort to see Orchard upon the part OF th'
newspaper men had been in progress fo
three weeks He spiritedly defended Gov
ernor Goodins and the newspaper men OF
tho charge that they had tried TO innu
ence the jury,
Trial Delayed an Hour.
The trial was interrupted for an hour, a
the end OF which time the examination o
the talesmen was resumed
4 rose. Sl' "-"'''' senior '00n''' 'o' '0' state
we are now and always were opposet
20 the publication OF anything at any tim,
tSAoihb " bNVJeuiSo possible jurors N
sa.5. "sUst how the court can prevent
recurrence except by a Hubho request Il
the newspaper men, don't see"
Judge Wood replied;
If the purpose OF these publications wa
to influence the jury there Is a way L
reach IT," he said significantly
IF the courts request does not prov
suficient," said Mr. Hawley. 'its powe
mlght well be exerted TO prevent any re
ourrence IN the future. We OF the prose
cuuon will heartily assent 70 any mstho,
the court may adopt"
When Mr.. Hswley had again taken hi
seat Afr. Richardson OF counsel for Hay
vsnaa said