The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1907-05-24
| THE ORCHARD INTERVIEW
CREATES A Sensation
Trial Judge Directs the County At.
torncy to Take Legal Action II
inquiry Warrants It.

Boise, Idaho--Judge Fremon
Wood, who is presiding at the Steu
nenberg murder trial, on Friday di
rected the prosecuting attorney o.
Ada county to make an investigation
of the circumstances under which
Harry Orchard was interviewed fol
publication Thursday, and to take
any legal steps that his inquiry
showed to be warranted.
When the Haywood trial was about
| to begin Friday morning, Judge Wood
caused decided sensation by an
nouncing that he had read in the
morning papers several articles con
corning an interview with the states
most important witness against the
defendant. Judge Wood declared the
publications we're highly improper,
coming as they did during the i'm.
paneling of the jury.
while they appear to the court as
not precisely in contempt" continued
Judge Wood, they are nevertheless
calculated to influence the jury in
this case. Something must be done
to prevent 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 hear
from counsel on the subject"
James H. Hawley, leading counsel
for the prosecution, deeply regretted
any occurrence that might prejudice
the case, but disclaimed any respon-
sibility in the matter, and claimed
that II anyone had been injured by
the publication of the interview, it
was the prosecution.
Mr.. Richardson, of counsel for Hay.
wood, declared that the publication of
the interview with Orchard was done
for the express purpose of influencing
the jurors--to give credence to this
Witness" meaning Orchard.
Mr.. Richardson added: at was
dastardly outrage on this defendant.
that the court can do to pro-
tect itself and this defendant and in.
sure to him the fair trial to which he
Is entitled, will be heartily seconded
by u.s."
we do not believe the attorneys
for the prosecution are responsible.
We have been watching them closely,
and IL they think they have done
that we do not know they
are much mistaken. call on them
now to denounce these things as en-
phatically as we have DONE
I'VE especially object to the pur-
ported interview of the governor say.
Ing what he had done to establish the
credence of the witness.
IF 1t was not patent before that the
governor of this state never intended
that this defendant should have a
fair trial, 1t is very evident now"
Senator Borah said he did not be-
lieve it was the intention of anyone
to control or influence the jury in
this way. 81 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 man here on trial. If any
harm has been done it has been done
to the prosecution"
The prosecuting attorney being
present in the court room, Judge |
Wood said: II call his attention to |
several articles in this mornings pa
pers-one reporting the details of the
visit of the newspaper men to the
two others signed by |
two correspondents, and giving their |
opinion of Orchard, and another pur-
porting to have been sent out by the |
Associated Press.
IF, after careful investigation,
without fear or favor, he concludes
that an attempt has been made in |
any way to influence jurors, he will |
take such action as the law seems to |
Justify. have every, confidence in
the prosecuting attorney"