The Birmingham age-herald., 1907-05-19
Newspaper Men ExODerated of
 Other Motives
ANOTHER VENIRE FOR JURY.
Special Venlre of Monday In the Hay wood Case Reduced to Twenty slx-Expending Peremp-
 tory Challenges.

J N torney Koelsch has completed hisfp- vestlgation of the circumstances faer which Harry Orchard. principal ytness for the state in the Steunenberg phrder case, was interviewed, and to9s pre- sented the district court withf report exonerating from the charge ofmproper motives all persons connected fa the lh- cldent He found that the v motive motive that the newspaper men v In 'nter- viewing Orchard was to qfaih news oi him. IT. announcing theFeport 1udee Wood said that it calleI Tor no aetion and directed that 1t Y niel inc re- port Is in part as fol9s:
 "I. of course, inv[usated the mat ter with the view fey or determining whether there hadbeen any ihttae''oh of our penal awsH the contempt upon the court. I take for granted that "lth the question offhe propriety or taste of the publieatlf l have nothing To do' at least not inbn official way. In order to come wlthb the view of our statute defining and funlshing improper attempts to inhuenceh juror or person summoned AS A. iura such attempt must have been nad/ d/intentlonally and corruptly and if so doIe. it is a felony Such would be a publication during the course of trial which reflects upon the court or assailf the litigants or seeks to intimidate witnesses or spread before the jury an opinion upon the merits of controversy or threatens with public odium or at tempts to dictate their decision or In any improper way endeavors to influence their. oecision is in contempt of court.
 Matter of News.
 q am able to report that my inyesti- l eation of the matter entirely disproves that any improper motive actuated any one connected with tine publication under consideration. It was published purely l as a matter of news. which the eorre- spondents had been eager to get for Il long time, but had been denied the op- 1 portunity of getting. When this oppor- tnnlty was finally given to them. they seized it with avidlty and with no thought other than 1t would be a front-page scare | head matter. This was natural Orchard. the chief actor in the tragedy that was 1 perpetrated in the murder of former 1 Governor Steunenberg, had been denied to all newspapers for months. No one fhau heard anything authoritative about 1 him He became mysterious. Speculation 1 in regard 10 him was indulged. Repre- | sentations of his physical and mental l breakdown circulated and found their
 way into the press. Any wonder that 1 the newspaper correspondents should wish
 to see and interview him? Any wonder should they overlook the impropriety of l publishing such interviews at this time | bR a1 nd ot baH A
 so lnsistent to see him that their re- quest was finally granted them solely | because of their repeated requests-the
 slow yielding to their persistence.
 "It never entered the minds of those
 who granted this privilege that there could be anything improper in their ac-
 ton and no improper motive actuated | them.
 Discredit Witnesses.
 During the Investigation my attention
 was directed to the fact that for a long l time a certain paper had devoted itself almost exclusively to publishing matter tending to discredit persons likely to be called as witnesses in the pending case. and when I answered that two wrongs | could never make one right, it is that be- cause others had not been punished for ! contempt was not a defense, l was as- sured by both the Statesman and tho | | of the outside circulating in Ada county
 whom I was able to interview. that they | would gladly obey and abide by such | rule as your honor might lay down for bidding any publication that would in the | slightest degree tend to obstruct the pro-
 ceedngs of this court or anything in the
 nature of any opinion as to the merits | of the case on trial.
 | q, therefore. recommend that your honor make and promulgate an order along the lines. as stringent as the law
 will permit, and l promise to make every effort within my power and authority | toward a rigid enforcement of the same and to bring before the proper court every infraction of the rule regardless of whom 1 the offender shall be"
 | Progress steward the completion of a | jury to try William D. Haywood is be- | ing made by expending the peremptory | challenges allowed by law to state and | defense if by no other means. Up to ad- | journment this afternoon the state had consumed five of it's ten challenges and | the defense four so there remain unex- | pended eleven challenges. The special venire of 100 talesmen that reported In | court last Monday was at the close of | today's session reduced to file of twen- ty-six men and 1t is predicted that an- | other special venire must be called about | Tuesday in order to complete the jury.