The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1907-05-18
LAWYERS CLASH
ANGRILY IN THE
HAYWOOD TRIAL
Publication of Interview
With Orchard Arouses
Defense to Wrath
GOVERNOR is SCORED
Plot of the Prosecution to
Influence Talesmen
Is Alleged
JURY NOT COMPLETE
Battle of Words Causes a
Delay in Impeachment
Proceedings
JURY NOT COMPLETE
By Oscar King Davis

BOISE, Idaho. May 17.-The fact
that several newspapermen. were per-
mitted by the state authorities to see
Harry Orchard yesterday and the pub
lication in the local morning paper OF
two different accounts OF the interview
with signed statements from two of
the out OF town correspondents, giving
their impressions Of Orchard. called
forth protest from the attorneys for
Haywood as soon as court opened to-
day The matter was brought up first
by Judge Wood himself. who called the
attention or the lawyers on both sides
70 the printed matter in the local paper
AID asked What they thought the court
should DO In the matter.
Attorney Hawley. the leading coun-
sci for the state. disclaimed any re-
sponsibility on the part of the prose-
cotion for permitting the interview,
but was not inclined to take the view
that any serious harm had been done
by IT, The jury had not yet been
brought into court. but the room was
filled by talesmen awaiting examina-
ton. As Attorney Richardson of the
defense began to speak Judge Wood
stopped him and excused the taiesmen
from the room that they might not
hear the discussion.
Then Richardson sailed in to describe
this dastardly outrage" He declared
that the sole purpose of permitting the
interview had been to influence the
minds of prospective jurors and dam
age the case for the defendants. He
referred to the examination of Tales
man Wingate the other day, when it
was brought out that wingate would
not believe Orchard under oath. The
attorney asserted that the interview
with Orchard was arranged by the
prosecution because OF the situation
disclosed by the Wingate incident. and
said:
ULTERIOR MOTIVE CHARGED
1T is patent as the fact that stand
here that this was done for the pur-
pose of rehabiIitating that witness"
Richardson was especially vehement
in his denunciation of Governor Good
ing, whom he charged with being re-
spo9sible for the interview. Then he
exonerated the prosecution and called
on IL TO join in denouncing what had
been done. Then he wound up by
calling on Darrow to talk.
Darrow was considerably less vehe-
ment in his expression of feeling than
Richardson, but he went farther than
his associate in demanding redress by
suggesting that Governor Gooding
should be called into court and perhaps
punished for contempt
There is but one conception" he
said, "of this Joint reception of Gov
ernor Gooding and his friend Orchard;
that is, that it was held to influence
the result In this case"
The statement by Governor Gooding
himself. which accompanied the Orchard
interview, especially provoked the
wrath of the lawyers for the defense.
richardson had referred TO it, and now
Dzrrow, after characterizing the
Orchard interview as stuff which on its
face was manufactured-maudli reli-
gioas stun" added: The governor
coming in and stating something which
to every intelligent man must be un-
true is the most fragrant attempt to in
duence a jury ever heard off,
DEFENDS THE GOVERNOR
Then Darrow suggested that the gov
ernor, the warden Of the penitentiary
who Is regarded as simply the gov
ernor's messenger boy" and the pro-
prietors OF the local paper should be
summoned into court and punished for
contempt II the case warranted II.
Hawley and Borah both resented the
charge that the governor had been at
tempting 70 prejudice the case. Haw-
ley also went back at Darrow and Rich
ardson.
~All sorts OF reports, absolutely un-
s~~-<a-rs~l - pare a. NffTd1a CoIuruu q