The Spanish Fork press. [volume] (Spanish Fork, Utah) 1902-current, 1907-05-23
THE ORCHARD INTERVIEW
CREATES A SENSATION
Trial Judge Directs the County Al
torney to Take Legal Action II
Inquiry Warrants II.

Boise, ldaho.-Judge Fremont
Wood, who is presiding at the Steu.
nenberg murder trial, on F'@Sdy di'
rected the prosecuting attorney OF
Ada county to make an investigation
of the circumstances under which
Harry Orchard was interviewed for
publication Thursday, and to take
any legal steps that his inquiry
showed to be warranted.
When the Haywood trial was about
to begin Friday morning, Judge Wood
caused decided sensation by an.
nouncing that he had read in the
morning papers several articles con-
cerning an interview with the states
most important witness against the
defendant. Judge Wood declared the
publications were highly improper,
coming as they did during the i'm.
paneling of the jury.
while they appear to the court as
not precisely in contempt" continued
JuuSe NoOu, lllcy are never tilclebs
calculated to influence the jury in
this case. Something must be done
to prevent a recurrence of this II we
are ever to get jury. The court is
much surprised at this publication at
this time and will be glad to hear
from counsel on the subject"
lg,1.-
for the prosecution, deeply regretted
any occurrence that might prejudice
the case, but disclaihed any respon.
sibilfty in the matter, and claimed
that If anyone had been injured by
the publication of the interview, 1t
was the prosecution
Mr.. Richardson, of counsel for Hay
wood. declared that the publication of
the interview with Orchard was done
for the express purpose of influencing
the jurors-to give credence to this
witness" meaning Orchard.
Mr.. Richardson added: ut was a
dastardly outrage on this defendant
Anything that the court can do to pro
tect itself and this defendant and in.
sure to him the fair trial to which he
is entitled, will be heartily seconded
by us"
"We 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 do not know they
are much mistaken. call on them
now to denounce these things as en-
phatically as we have done
I'VE especially object to the pur-
ported interview of the governor say
ing 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
fair trial. 1t is very evident now"
Senator Borah said he did not be-
lieve 1t was the intention of anyone
to control or influence the jury in
this way. Il will say this, though,
that if this man Orchard had been
in my keeping | would have put him
on exhibition long ago and kept him
there. Nothing has passed from the
control of the prosecution calculated
to hurt the man here on trial. If any
harm has been done it has been done
to the prosecution"
The prosecuting, attorney being
present in the court room, Judge
Wood said 81 call his attention to
several articles in this mornings pa.
pers-oue reporting the details of the
visit of the newspaper men to the
penltentiary. two others signed by
two correspondents, and giving their
opinion of Orchard, and another pur-
porting to have been sent out by the
Associated Press.
"If. after careful investigation,
without fear or favor, he concludes
that an attempt has been made in
any way to influence jurors, he will
take such action as the law seems to
justify. l have every confidence in
the prosecuting attorney"