The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-05-18

Boise. May 17.-When the Haywood trial
was about to begin this morning Judge
Wood caused a decided sensation Oy an
nOuncing that he had read in the morning
papers several articles concerning an IN
terview with the states most important
witness against the defendant Judge
Wood declared the publications We're
highly improper. coming as they did dur
ing the impaneling OF the jury.
"While they appear to the court as not
precisely in contempt" continued Judge
Wood they are nevertheless calculated
10 influence the jury in this cause. Some
thing must be done to prevent recur-
renee of this if we are ever to get jury
The court is much surprised at this pub
LEGATION at this time and will be glad TO
hear from counsel on the subject"
HawIey Pleads Ignorance.
Mr.. Hawley, senior counsel for the
state, arose.
I'VE are now AID always were OPP
posed 10 the publication of anything at
rors." he said. Just how the court can
prevent a recurrence except by a personal
request to the newspaper men 1 do not
see"
Judge Wood interrupted:
IF the purpose of these publications
was TO influence the jury there is way
to >reach it." he said significantly
IF the courts request does not prove
sufficient" said Mr. Hawley. its power
might be well exerted TO prevent any re-
eurrence in the future. We of the prose
GuIlOn VIII nearby d<>SolAl ~ cAe -ASSA-
cd the court may adopt.
When Mr. Hawley had again taken his
seat, Mr.. Richardson, of counsel for
Haywood said;
II do not know and I do not say that
these publications of this morning come
from the prosecution. But they are very
rors alone prevents my saying what L
would otherwise
Richardson's Strong Language.
Judge Wood ordered all members Of the
special jury panel to leave the court
room. excusing them for one hour. He
then directed Mr.. Richardson to proceed.
4 want in the first place" said the at
torney, Ito eXonerate counsel LOT me
This man Orchard. after being secluded
for fifteen months, is suddenly MADE &C
cessible at this time while we are in the
midst of jury selection. 1t occurred in
the examina ton of one Of the jurors the
other day that there was rome prejudice
perhaps against this man Orchard and
mis- Testimony ThereupOn the governor
of this state organizes party and takes
the newspaper fraternity-not all. but the
representatives of the Associated press
and that portion of the press which is re-
porting the trial agreeably and colorably,
down to the penitentiary. Of which he
IS the supreme officer, and has them IN
terview this man.
1T was done your honor, for the ex-
press purpose of influencing these jurors
Ito give credence to this witness.
cowardIy and DastardIy.
ut was a dastardly outrage on his de-
fendant Anything that the court can dc
10 protect itself and this defendant and
insure TO him the fair trial to which he
is entitled, will be heartily seconded by
US.
I'VE do not believe the attorneys for
the prosecution are responsible. We have
been watching them closely, and if they
think they have done anything that we dc
not know they are much mistaken. l cal
on them now to Genounce these things as
emphatically as we have done.
I'VE especially object to the purported
interview of the governor. saying what
he had done to establish the credence OF
The witness.
IF it was not patent before that the
governor of this state never intended
that this defendant should have a fan
trial, it is very evident now"
Remarks by Mr.. barrow.
Clarence barrow, for the defense, was
the next to be heard.
He said: There car be but one pur-