The Washington herald., 1907-05-18

| Boise. Idaho. May 17.-There was trOu-
bic when court opened this morning in
the trial Of William d. Haywood for the
murder of ex-Gov. Steunenberg. Before
the smoke cleared away. Lawyer Darrow.
| for the defense, had demanded that Gov
Gooding be brought into court and per
| haps punished for contempt Of court
I The trouble was over allowing a number
/ Of reporters yesterday to talk with Harry
/ Orchard at the State penitentiary. As
/ soon as the attorneys saw the interviews
with Orchard they set up a complaint
When Judge Wood took the bench he
ordered that the provisional jury be kept
outside the courtroom for the time being
He referred TO the interviews with Or
chard in the morning papers. and said /
that when he instructed jurors he per
| haps overlooked instructing them not 10
read anything in reference TO the case. |
but there appeared something in the pa
pers that was calculated 10 influence the |
Jurors. II therefore occurred 10 the court
that something had to be done TO pre-
vent reoccurrence Of what had trans |
pired. He then asked the lawyers on |
both sides for any suggestions they might I
have to make in relation TO the matter /
Judge Wood further said that he very
much questions the propriety of the pub |
lications referred TO with the case that
is on trial before the court
Calls Interview Outrage.
Lawyer Hawley said he had always |
been opposed 20 letting the reporters see !
Orchard. but he could not see that there ;
was anything to be done about It al the /
present time.
The court remarked that something /
would certainly be done about It If IL /
could be shown that there had been any /
intention to influence prospective jurors. /
Lawyer Richardson denounced the in /
terview with Orchard. and said:
1T Is as patent a fact as the fact that /
stand here to-day, that this interview /
was arranged to rehabilitate Orchard and |
TO influence the jury II vas dastardly /
outrage upon the defense, If your honor
please. I want TO say that We Thoroughly 4
believe that the counsel for the defense
had no part IN this thing, and I call on
them to denouuce the actions Of Gov
Gooding and Warden Whitney as thor
uughly as We do.
Mr.. Richardson then went on to cen
sure the governor for making public
statement TO the fact that Orchard had
once told him that he neither expected nor
wanted any promises from the prosecu-
ton. and ne added.
Expects No Fair Trial of Governor.
II it was not before entirely patent
that the governor of this State never in
tended that We should have fair trial
for our clients, it certainly is patent
now 10 the civilized world
Mr.. Darrow followed his colleagues and
denounced the reception Of the reporters
10y Gov. Goodng and his friend Orchard
as the most fagrant attempt 70 influence
a jury that he had ever heard Of He
further said.
Il think that the governor Of this State
should be called before this court, and, II l.
the evidence Harrants II, that he should
be- punished for contempt. I think War \
den Whitney should be called in. too, and
examined. The prUprietors of the local
newspapers should also be called I'm and
instructed I'm what may ana what may
not be printed In the interest Of Justice"
Lawyer Hawley. for the prosecution.
said that he regretted the matter exceed
ingly. The interview. he supposed. though
he had nothing 10 do with it, was the re-
suit OF systematic attempt in certain
newspapers to malign the prosecution.
No Influence Was Attempted.
Mr. Hawley did not believe that the
had the slightest idea that the
interview would in any way affect the
prosecution or the defense. /,
Senator Borah declared that the news
paper men must surely be exonerated
from any Intention TO influence public
opinion improperly. He resented the sug-
gcstion that there was any intention on
the part of the prosecution 10 influence
the jury.
"Was there such an intention on the
part Of anybody inquired the court
I can't believe that there was" re-
sponded Senator Borah. 7 do not believe
that Gov. Gooding or Warden Whitney
would willingly do anything that might
a juror"
who made Gov. Gooding prosecuting J
officer in this case?' demanded Mr.. Rich
ardson.
Gov. Goodlng is not connected with
this prosecution, retorted the Senator.
Moreover, let the people of the State of
Idaho object to their own governor if
they please. and not the imported counsel
of persons charged with crime His acts
may be indiscreet. but at all events he is
for them only TO the people
of his State
Tilt Over Challenges.
Judge Wood ended the episode bv an
that he would appoint the coun-
ty attorney to investigate the case and
report.
The Orchard interview dispute was nor I
the only tilt that the day produced. The
other occurred In the afternoon. The
counsel got into an argument as tn
whether the law passed by the recent {
legislature allowed the prosecution the ]
same number of peremptory challenges in
a capital case as the defense. LAWYER ,
Richardson Contended that this law was
obviously passed with a view of the Steu- ,
nenberg trials. He said that it might i,Ist :
as well have been entitled AN act to !
amend this section for the purposes of
the trials of Meyer. Haywood. and Petit
bone"
If this sort of remark is to be made :
Continued on Page 3, Column 4