The Mena weekly star., 1907-05-23
SENSATION IN BOISE TR|AL
Judge Wood Takes Exception to Publication of Interview With
 Harry Orchard.
COUNTY PROSECUTOR TO INVESTIGATE

Aft JhfJ in tue OdsC-1oV. GOcu-
 ing Denounced by Defensc.-The
 Orchard Interview.
 Boise, Idaho, May 1S.-When the Haywood trial was about to begin Friday morning Judge Wood caused decided sensation by announcing that he had read in the morning pa pers articles concerning an interview with the states most important wit ness against the defendant. Judge Wood declared the publications were highly improper, coming as they did during the empaneling of the jury.
 While they appear to the court as not precisely in contempt" con- tinued Judge Wood, they are never theless calculated to influence the jury in this cause Something must be done to prevent recurrence of this If we are ever to get a jury. The court Is much surprised at this pub lication at this time and will be glad to hear from counsel on the subject :"
 MT. Hawley. senior counsel for the state, arose We are now and all ways were opposed to the publica- tion of anything at any time tending to prejudice possible jurors" he said. Just how the court can prevent a re- currence except by public request to the newspapermen, don't see"
 Judge Wood replied: If the pur- xf fa in fluence the jury there is way to reach it. he said significantly.
 When Mr Hawley had again taken his seat Mir. Richardson, of counsel for Haywood, said: "I don't know and I don't say that these publica- tions of this morning came from the prosecution. But they are very ob- vious The presence of prospective jurors alone prevents my saying what would otherwise"
 Clarence Darrow, for the defense. was the next to be heard. He said: There can be but one purpose in this l joint reception of Gov Gooding and | his friend MT. Orchard. It was to 
 l influence the case at this time. l scarcely know to frame my attitude l fn proper language It seems to me | that this effort to give MT. Orchard credence must have come from the 1 disclosures made here as to the at titude of certain talesmen."
 Mir. 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 disclaimed any respon- sibility.
 Mir. Hawley pointed out that for the last 12 months there had been a continuous circulation of papers mis- | stating what was evidence or what purported to be evidence and evident ly intended to influence the case. This particular witness (Orchard), " he said, has been continually re- ferred to in manner calculated to prejudice him in the public mind.
 Persons who are interested in the | defense have, we admit talked to prospective jurors. This We have hear of and only Friday morning matter of this kind was reported to us as having taken place on the lawn of the court house."
 Returning to the case in hand. Mir. Hawley pointed out that the position of Orchard had for the last year been consistently misrepresented. The l prosecution had been besieged by aewspapermen for an interview with l Orchard
 Mir. Hawley, referring to the pub | sshed interview with Orchard, said that he 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 or physical condition of Orchard MT. Hawley said he saw no objection to this. He could not see how any right of the defendant could be impaired. He could, however un- derstand how an interview with the governor purporting to give an ex- pression of opinion by the governor might have a bad effect.
 Judge Wood directed the county prosecuting attorney Co make an in- vestigation of the facts connected with the Orchard interview and to take such action as he found to be warranted.
 Senator Borah said he could dispose of the misapprehension of counsel for the defense that the interview was part of plan to give credence to Harry Orchard after it had been shown that certain talesmen were biased against him. because the ef- fort to see Orchard upon the part of the newspaper men had been in pro- gress for three weeks He spiritedly defended Gov. Goodng and the newspaper men on the charge that they had tried to influence the jury.
 The trial was interrupted for an hour at the end of which time th examination of talesmen was re- sumed.
 The interview complained of was in o4@o@48444844