New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-05-18
CLASH OVER ORCHARD.
HONTENTION At BOISE.
Court Orders Investigation of Inter-
Diesp Nth Prisoner.

Boise, idaho. May 17.-Judge Fremont Wood
presiding at the trial Of William ID. Haywood
ssecretary Of the Western Federation of Miners
5yor the murder of former Governor Frank Steu-
Enenberg to-day directed the prosecuting attor-
fnev of Ada County to make an investigation
of the circumstances under which Harry Or
rsnrd. confessed slayer of Steunenberg, was in
iervieyved for publication yesterday and take
Eny legal steps that his inquiry showed to be
Warranted.
Judge Wood caused decided sensation when
Ne announced that he had read in the morning
papers articles concerning an interview with
The states most important witness against the
defendant Judge Wood declared the publica-
lions were highly improper, coming they did
inur1ng the impanelling of the jury.
while they appear to the court as not pre-
s,sely IN contempt" continued Judge Wood
trhey are nevertheless calculated to influence
The Jury IN this case. Something must be done
DO prevent a recurrence of this if we are ever to
get Jury. The court is much surprised at this
publication at this time and will be glad to
bear from counsel on the subject"
Mr.. Hawley. senior counsel for the state. arose.
I'VE are now and always were opposed to the
publication Of anything at any time tending TO
brejudice possible jurors" he said. Just how
The court can prevent a recurrence except by a
public request to the newspaper men don't
gee"
Judge Wood replied:
sIf the purpose of these publications was TO
influence the jury. there is a way 10 reach IT,"
he said, significantly.
IF the courts request does not prove sufi-
Gent" said Mr.. Hawley, rits power might be
well ezerted to prevent any recurrence in the
future. We Of the prosecution will heartily as
sent to any method the court may adopt"
Mr.. barrow characterized Orchards statement
as nnaudlin religious idiocy. He said that every
man must know that the statement OF the Gov
esnor as to Orchards waiver Of immunity was
nlanifestIy untrue. He said it was absurd to
think that man would willingly put the halter
around his neck. Mr.. Darrow exonerated the
prosecution from any hand in the matter, but
denounced the incident the most fragrant at
tempt 70 influence juror he ever saw
Judge Wood interrupted to ask that the county
prosecuting attorney be sent for.
Afr. Darrow said he had not thought enough
yet to say what should be done in the premises
II might be that the case should not be tried
at this time I'VE entitled" he went on, ito
ty this defendant face to face with all the wit
.nesses against him. I think the Governor should
be called in here before this court Not another
citizen Of the state IS much responsible as
he At least, he should first be called. If this
iInstter calls for contempt he should be pun
!shed"
Mr.. Hawley said the prosecution heartily dep
recated anything that would in any way in
huence the case. So far as the good taste in the
matter was concerned. he agreed with the de-
fence, but TO the effect he entirely disagreed.
''The court would like TO be advised as to its
duties In the case" said Judge Wood.
! Senator Borah followed Mr.. HawIey. He said
That since they reached the city, all of the
newspaper men had frequently requested permits
did It part Of their newspaper business.
1T is going a long way" he declared, ito say
that the first newspaper men OF this country,
representing the first newspapers OF the country
had their object the influencing OF these Jurors
or that they attempted in any way to interfere
with the trial"
Senator Borah charged that the defence was
running newspapers whose sole object was to
create prejudice.
I'VE 90 not run newspapers" he declared,
with display OF feeling THE newspaper men
who have come 10 this trial have perfect right
10 their opinions and to expression Of them.
They would be ninnies and fools If they came
here without opinions. ] 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?"
4 don't believe II was" said Senator Borah.
i VIII say mis- though, that IL this man Or
cherd had been In my keeping 1 would have
put him exhibition long ago and kept him
tshere. Nothing has passed from the control Of
The prosecution calculated TO hurt the men here
ion trial If any has been done. It has been
Done TO the prosecution
What right has the Governor of this state
20 be prosecuting this cascr' shouted Mr. Rich
erdson
The Governor is the chief executive OF the
Commonwealth" rejoined Senator Borah. He
believes a crime has been committed which in
wolves the integrity OF this state, and If he had
lain down in the face OF his duty he would have
oeen unfit for his high Office. If he is to be
rfltcised. let the criticism come from the people
o. the state, and not from the attorneys repre-
sencng the defendants in this case"
The people did criticise thim." shouted Mr.
osrrow' and he would not have been reelected
q had not been for the Mornons"
IN that case" declared Senator Rorah "the
AorTnons for once indicated their good citizen
mp and their love for law and order The Gov
ef1lor may have been ndiscreet yesterday in this
matter. but that is ALL"
Ialesman Frank E. Madden, who took the
pace OF Allen Pride. challenged by the defence
yesterday said that he had formed and had an
'pion he went out for implied bias
matt Oliver, former Sheriff of Ada County
=" the next talesman called, and after a brief
fha