Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-05-17
Judge Wood in Court Says it Was
Undoubtedly Calculated to
Influence Jury.
PUBLICATION VERY IMPROPER.
Members OF Special Jury Panel
Are Ordered to Leave Court
room During Discussion.
Prosecuting Attorney Of Ada County is
Directed 10 Investigate Circum-
a. stances of Interview.


p"lSe' Au''' May i'-"' lu" opening
Of the StcuncnbeCg murder trial to-
day .Tudpc Noud dilrrfrJ fine ,,,osa,tit-
inc. a+,,,.,,o,. ~ Al. ...,,,.t,. b., ,.....,,
"7 '''''' w. '"''
gate ue circumstance under which
Harry Orchard was interviewed for
uublication YESTERDAY wish 81 ,.ir,,. IL,
.,....,.,.,ui,,i,,,, g., 49,. ,.,.,
'''''' '"i''"s '"e'N H"N "''N d''S az
tempt to influence the jurors I'M the
case. and to take such strus as he found
tbn circ,,,,,.,t.,,,,.os t,. ,,,rr,.,t -,l,.,,.
'"s dlleh'ioH 10 tHt HlaU'i' Judge
Wood asked counsel IL they could offer
any suggestions AS TO the duty of the
cam,
MI Richardson vigorously denounced
the incident as a deliberate attempt to
influence nrospectivo iutars .,g,,ested
by the disrlnsure Of nrctt5iec agoirst
Harry orchard and his testimony and
took took the SANE GROUND and sugeested
that Gov. Gooding be cited for con.
ternpt Roth Mr.. Richardson and Mr.
barrow protested that the uublication
of the Orchard Interviews grieyous,y
injured the defense.
Mr. Hawlev for tine state dcplored
the incident but maintained that in
would inture The prosecution more than
the defense He also drew attention to
the widespread newspaper campaien in
behalf of the defense, and the misstate-
mants that had been circulated about
Orchard. and said that he could see no
harm I'm permitting the newspaper men
to interview Orchard on general lines.
Senator Borah said he could dispose
OF his Misrepresentation Of counsel Tor
the defense thar the interview was
Orchard after ii had been shown that
certain talesmen We're biased against
him, because the effort TO see Orchard
upon the part of the newspaper men
had been in progress for three weeks
He spiritedly defended Coy. Gooding
and the newspaper men on the charge
| that they had tried to influence the
Ju Tbo ,s,oi ,ca, ,,,,,rr,,,t.a Co... a., ho,r
at the end Of which time the examina-
ton of taleslnen was resumed.
1r-nrr,s OBLIVION M, III
4-' A|N w
Judge Wood before the jury was
brought in drew attention to the inter
view with Harry Orchard, published in
the newspapers which he said undOubt-
edly was calculated to influence the
witnesses and the jury While the mat
ter was under discussion the witnesses
and the jury were retired.
When the Haywood trial was about
to begin this morning Judge Wood
caused a decided sensation by announc-
ing that he had read in the morning
papers several articles concerning an
interview with the states most import
ant wituss against the defendant. Judge
Wood declared declared me publications were IRE
during he empaneling Of the jury.
While they appear to the court as
~, tFl
Judge Wood they are nevertheless
circulated 10 influence the Jury I'm this
case. Something must be done to pre-
vent recurrence of this II we are ever
to get a jury Tho court Is much sur
prised at this publication at this time
ana WI ,, oe s'ad 10 near from counsel
e.,,,-,.,r, -,,,-,-e.r,r nor, e,r,,,r,,
10'i' -
Mr.. Haw,ey. senior counsel for the
stnte arose
we are now. and always We're OPP
posed "a the publication Of anything
at amy time tending 10 prejudice posi-
Bile Jurors" ne said Just how the
court can prevent u recurrence except
by a personal request to the newspaper
mon. [ do not sec"
Judge Wood Interrupted:
If the purpose of these publications
YVES TO influence the jury there is a
way to reach II. " he said significantly
.If mo courts request does not prove
sufficient" said Mr.. Hawley tits pow
en- might be well exerted 10 prevent any
recurrence IN the future We of the
prosecution will heartily assent TO any
method the court may adopt
,,,,.,-,1n,e ,,r,,-n,Sur
hA1 "OOD DoD'NSHb'
When Mr. Hawley had again taken
MS sent, ME- ~. ficharoS'''' OF '''''Se' i'F