The Montgomery advertiser., 1907-05-18

last twelve months there had been a
continuous circulation of papers mis-
stating what was evidence or that
purported to be evidence and evident
ly intended to influence the case.
This particular man (Orchard)."
he said. has been continually refer
red to in a manner calculated to pre-
judice 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 court
house."
Turning to the case in hand, Mr..
Hawley pointed out that the position
of Orchard has for the last year
been consistently misrepresented.
The prosecution had been besieged b.,
newspaper men for an interview VIE
Orchard. ~
Mr.. Hawley. referring to the pun
lished interview with Orchard. said
that he could see no reason why the
authorized representatives of the As
sociated Press should not have been
allowed to see Orchard in order that
1t might give the public Information
as to the mental or physical condition
of Orchard
Mr.. Hawley said he saw no objec-
ton to this. He could not see how
any right OF the defendant could be
impaired. He could, however, under
stand how an interview with the Gov
ernor purporting to give an express
sion of opinion by the Governor might
have a bad effect.
Believed Gooding GuiltIess.
Mr.. Hawley did not believe there
was any idea on the part of Cover
nor Gooding that what he had to say
wnnlA in mi
nesses or jury.
Mr.. Hawley said the prosecution
heartily deprecated anything that
would in any way influence the case.
So far as the good taste In the matter
was concerned. he agreed with the
defense but as to the effect he entire
ly disagreed.
The court would like to be advised
as to its duties in the case" said
Judge Wood.
Continuing Mr.. Hawley repeated he
could see no reason why the Associa-
ted Press should not be allowed to see
Orchard and send out the interview
MI. Haw1ey said IL any injury was
done, it was done to the prosecution,
which was the loser.
Senator Borah followed Mr.. Haw-
ley. He said that ever since they
reached the city. all of the newspaper
men had frequently requested permits
sion to see and interview Harry Orch
ard. They did II as q Fart of their
newspaper business.
TT Is going a long way" he de.
clared, ito say that the first newspa-
per men of this country, representing
the first newspapers of the country.
had as their object the influencing of
these Jurors; that they attempted in
any way to influence the case on
trial"
Senator Borah charged that the de-
Tense was running newspapers whose
sole object was to create prejudice.
we do not run newspapers" he de-
clared with a display of feeling. The
newspaper men who have come to this
trial have a perfect right I'd their
opinions and to any expression of
them. They would be ninnies and
fools If they came here without opirl-
ions. resent the proposition that
they intend to control or influence this
jury in any way"
The question Is" interrupted Judge
Wood, was IT intended on the part
of any one?"
II don't believe it was" said sena-
tor Borah. II will say this. though,
that If this man Orchard had been in
my keeping would have put him on
exhibition long ago and Kept him
there. Nothing has passed from the
control of the prosecution calculated
to hurt the men here on trial. If
anything has been done 1t has been
done to the prosecution.
What right has the Governor of
this State to be prosecuting shis
case shouted Mr.. Richardson. THE
Governor is the chief executive of the
commonwealth" rejoined Senator Bo-
rah. HE believes a crime has been
committed which involves the integ-
rity of this state and II he had laid
down in the face of his duty he would
have been unfit for his high Office. II
he is to be criticised, let the criticism
come from the people of the State and
not from the attorneys representing
the defendants in this case"
The people did criticise him"
shouted Mr.. barrow, and he would
not have been reelected If it had not
been for the Mormons.
TN that case" declared Senator Be-
rah, the Mormons for once indicated
their good citizenship and their love
for law and order. The Governor
may have been indiscreet yesterday in
this matter but that Is ALL"
Judge Wood interrupted to say that
his part in the matter had been clear.
He said that some time ago a pro-
posed juror had represented that he
had been spoken to in reference to this
case.
II directed the acting prosecuting at
torney to take cognizance of the mat
ter at that time, and / understand he
this case and as the prosecution at