Arizona republican., 1907-05-18
THE ORCHARD
INTERVIEW
Resented by the Attorneys
for Haywood
The Trial Judge Orders an
Investigation Into the
Circumstances of 1t.

Boise Idaho, May 17.-Judge Wood,
who is presiding at the Steunenberg
murder trial today directed the pros
ecuting attorney to make an investi-
CATION of the circumstances under
which Harry Orchard was interviewed
for publication yesterday and take any
legal steps that the inquiry showed to
be warranted The judge drew atten-
ton to the publication of the interview
when he ascended the bench this morn
ing and his request of counsel for
advice. as TO the manner in which the
court should deal with the incident
drew forth from the defense the charge
that Governor Gooding and certain
newspapers, moved by the disclosure
that there exists a prejudice against
Orchard had sought TO influence the
jury by an attempt to bolster up the
credence that may be given Orchards
story, and the suggestion that the gov
ernor be cited for contempt.
Counsel for the prosecution de-
Tended the governor and newspapers
included from these charges and show
ed that the applications for the inter-
view with Orchard had been made
weeks before the examination of the
talesmen disclosed a prejudice against
him. They-in turn charged that while
some OF the talesmen were entering
court this morning. men indirectly con-
nected with the defense made remarks
in their hearing that We're calculated
to influence them and asked that this
affair also to be made a subject of in
quiry by the prosecuting attorney.
In calling attention to the Orchard
interview, the judge said that perhaps
it's publication was not an attempt to
influence the jury but as it was calcu-
! lated TO influence the jurors he felt
that something must be done to pre-
vent a recurrence of such a thing in
order to secure a jury. James II. Haw-
ley for the state expressed regret over
the publication of the interview with
orchard and disclaimed the response
| bility for it. The court drew attention
to the utterances OF Governor GoodinS
| in connection with the statement that
Orchard was not to have immunity
for his confession and at the sugges-
tion from Richardson that the defense
could not speak freely in the presence
of the jury he requested all talesmen
to leave the room for a while.
Richardson first exonerated the
prosecution from all connection with
the incident and then said: For a
period of more than fifteen months Or
chard has been incarcerated in the
penitentiary. secluded from all observ-
ers, and guarded in every possible way
TO prevent communication with the
outside. 1t occurred in connection with
| the examination of one of the jurors
| the day before yesterday that there
was some question as to the amount
| OF credence which should be placed
upon the testimony of Orchard
Richardson drew attention to the
statement of the governor that no
pr romises had been made to Orchard
and said: 'If, heretofore it was not
entirely patent to the whole civilized
world that the governor of this state
never intended that we should have n
fair trial for the defendants. II is GER
tainly patent at this time
Mr.. Darrow. who followed Richard
son, said: "Of course there can be but
one purpose in this joint reception TO
the governor and his friend Orchard.
and that was to influence the case
The court interrupted to send for the
prosecuting attorney. and when Dar-
row resumed he suggested that the
governor be called before the court.
| Hawley said he had just finished
| reading the interview and suggested
that possibly both the defense and the
court were under a misapprehension.
He said. 1.-The conditions of the Or
chard interview have been absolutely
misstated and misunderstood. If in
taking the matter up. il in seeing this
witness. the representatives of the AS
sociated Press had been permitted to
see the man without holding a conver-
sation with him except in regard to
his health 1t would have satisfied a
desire which is expressed throughout
the country to know his condition. /
am unable to see how that in the
slightest degree would prejudice the
cause OF the defense"
Another important development of
the day was the raising of question
as to the right of the state to enjoy