The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-05-19

Boise. Ida. May 1S.-Prosecuting At
torney Koelsch has completed his inves-i
tigation of the circumstances under
which Harry Orchard, principal witness
Sor the state in the SteunenberS murder
case, was interviewed, and today pre-
/sehted the district court with a report
exonerating from the charge OF i'm
proper motives all persons connected
with the incident. He found that the
only motive that the newspaper men
had in interviewing Orchard was to OBJ
tain news of him. In announcing the
report Judge Wood said that it called
for no action and directed that it be
filed. The report is, in part as follows;
No Breach of the Law.
Il, of course, Investigated the matter
with the view solely of determining
whether there had been any infraction
of our penal laws or contempt upon the
court. | take il for granted that with
the question of the propriety or taste
of the publication under consideration
have nothing to do, at least not in IN
official way. In order TO come within
the purview of our statute defining and
Furnishing improper attempts TO IN
siuence juror or person summoned as
q 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 re-
fleets upon the court or aSsails the liti-
giants or seeks to intiInidate witnesses
or spreads before the jury an opinion
upon the merits of the controversy or
threatens them with public odium or
attempts to dictate their decision or in
any improper way endavors TO influence
their determination, is a contempt of
court
Merely as News Matter.
Il am able to report that my investi-
cation of the matter entirely dtsproVeS
that any improper motive actuated any
one connected with the publications un-
der consideration. 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 OPP
portunity was finally given to them
they seized il with avidity and with no
thought other than that it would be
front page, scare-head matter. This
was natural Orchard the chief actor
tn the tragedy that was perpetrated in
the murder of Ex-Governor Steunen-
berg had been denied to all newspaper
men for months. No one had heard
anything authoritative about him. He
became mysterious. Speculation con-
corning him was INDUCED in. Stories
&0f his physical and mental breakdown
circulated and found their way into the
press Any wonder that newspaper cor
respondents should wish to see and in
terview him? Any wonder that news
papers should overlook the improperly
of publishing such interviews at this
time? The Associated Press men and
others became so insistent to see him
that their request was finally granted.
am able to state, and do state. this
privilege was granted them solely be-
cause OF their repeated request-the
slow yielding to their Dersistency.
Gooding innocent.
1T 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
Rctuated them.
Il want to emphasize that my inyes-
LEGATIONS absolutely disprove any i'm
proper motives on the part of anyone
who permitted these interviews. That
the other statements contained in the
publications under consideration We're
not made at this particular time with
any improper intent is also further evil
denced by the fact that various state
1nents have repeatedly. for long time
prior thereto, appeared in the public
press.
During the investigation my atten-
ton was directed to the fact that for q
long time certain paper had devoted
itself almost exclusively to publishing
matter tending to discredit persons like
" to be called as witnesses in the pend
ing case and when / answered that two
wrongs could never make one right
that because others had not been pun
tshed for contempt was not a defense
was assured by both the Statesman
and by the Capital News, and by each
correspondent Of outside papers circu-
Eating I'm Ada county whom / was able
20 interview. that they would gladly
obey and abide by such rules as your
honor might lay down forbidding any
publication that would in the slightest
degree tend to obstruct the proceedings
Y OF this court or anything in the nature
I of an opinion as to the merits Of The
cause on trial
Court Asked to Make Rule.
Il therefore recommend that YOU
honor make and pTomulgate an order
along these lines as stringent as tho
law will permit, and ] promise 20 make
every effort within my power and au-
thority toward a rigid enforcement OF
nj 70 n,-i.a hof