The Montgomery advertiser., 1907-05-19

EVERYBODY
Slow Grind in Haywood
Case.
CHALLENGES ARE EMPLOYED
No Indications as to When Jury
Will Be Completed.
Amusing Incidents Occurred to Relieve
the MonStony of session--sol-
der says He started to Mis-
sissippi but Returned.

Boise, Idaho, May 1S.--Prosecuting
Attorney Charles F. Koelsch has COM
pleted his investigation of the eircum-
stances under which Harry Orchard,
principal witness for the State In the
Steunenberg murder case was inter-
viewed and today presented the district
court with a report generating from
! the charge of improper motives all
persons connected with the incident.
| He found that the only motive that
| the newspaper men had In interview
ing Orchard was to obtain news of him.,
| In announcing the report Judge Wood
| said that 1t called for no action and di-
rected that It be filed. The report is in
| part as follows:
r of course, investigated the mat
| ter with the view solely Of determin-
| ing whether there had been any infrac-
| ton of our penal laws or the contempt
| upon the court / take 1t for granted
that with the question of the propriety
or taste of the publication, have
nothing to do, at least not in an Of
| fetal way. In order to come within
| the view of our statute defining and
| furnishing improper attempts to influ-
| ence a juror or person summoned as
| Juror, such attempt must have peen
made Intentionally and corruptly. ard
| If so done II is felony.
|
| the course of a trial which reflects
| upon the court or assails the litigants
| or seeks to intimidate witnesses or
| spread before the jury an opinion upon
| the merits OF controversy or threat
! ems with public odium or attempts to
| dictate their decision, or in any i'm
proper way endeavors to influence their
| decision Is in contempt of court.
No Improper Motives.
II am able to report that my in
vestigation of the matter entirely dis-
proves that any improper motives actu-
ated any one connected with the pub
LEGATION under consideration. 1t was
published purely as q spatter 81 news
| which the correspondents. had .een
! eager to get for > long tine, bet mad
been denied the opportps{Sty 81 get
/ ting. When this Opportunity Was fin-
ally given TO them, theyAseized It with
avidity and with no thought other than
1t will be a front page scare head mat
| ter.
This was natural. Orchard, the
| chief actor in the tragedy that was
perpetrated in the murder of Ex-Goy-
srnor Steunenberg, had been denied to
all newspapers for months. No one had
| heard anything authoritative about him.
| He became mysterious. Speculation in
regard to him was INDUCED. reports
of his physical and mental break down
circulated and found their way into the
press. Any wonder that the newspaper
| correspondents should wish to see and
interview him? Any wonder the news
| papers should overlook the improperly
of publishing such interviews at this
| time? The Associated Press and others
/ became so insistent to see him that
their request was finally granted them
| solely because of their repeated re-
| quest--the slow yielding to their per-
sistency.
1T never entered the minds of those
who granted this privilege that there
could be anything improper in their
action and no improper motive actuated
them.
Recommends Order by Court.
During the investigation, my atten-
ton was directed to the fact that for
a long time a certain paper had devoted
| itself almost exclusively to publishing
matter tending to discredit persons like
| ly to be called as witnesses IN the pend
| ing case, and when L answered that two
| wrongs could never make right, IL Is
| because others had not been punished
| tor contempt was not a defense, 1 was
assured by both The Statesman and by
| The Capital News, and by each cores
pendent of the outside papers circulat-
| ing In Ada County, whom / was able
| to interview, that they would gladly
obey and abide by such rule as your
| honor might lay down forbidding any
publication that would in the slightest
degree tend to obstruct the proceedings
of this court. or anything in the nature
fan opinion as to the merits of the
| case on trial.
II therefore recommend that your
| honor make and promulgate an order
| along these lines. as stringent as the
| law will permit, and 1 promise to make
| every effort within my power and au-
| thor1ty toward a rigid enforcement Of
the same. and to bring before the proper
court every infraction of the rule, re-
! earless of whom the offender shah be-"
Progress toward the completion of a
| Jury to try william d. Haywood Is
made by expanding the peremptory
| challenges by law to state and defense,
| IL by no other means. Up to adjourn
ment this afternoon, the State had con-
! sumeA five of It's ten challenges and the
| defense four. so that there remain I'M
expended eleven challenges. The spc-
ial venire of 100 talesmen that report
ed IN court last Monday, was at the
close of today's session reduced to a
file of twenty-six men, and IL Is pre-
dicted that another special venire must
be called about Tuesday in order to
| complete the jury.
Continue Drawing Jury.
with the opening of the court this
morning the attorneys continued their
long drawn task of securing a jury
10 try William D. Haywood. There
were twelve men as usual in the box
when todays proceedings began ana
only five of the twenty peremptory
challenges had been exercised-three
nv the prosecution and two by the de-
Tense.
Attorney Richardson took up the ex-
animation of Isaac Bedell, a farmer.
Redell Lad already been passed by the
state without challenge for cause ana
accepted by the defense which was
then called upon to exercise its third
peren ptory challenge.
walter Shaw at No. 4, was excused
Joseph Chinn. a hack driver and
democrat satisfactorily filled the va
cancy made by Rudger after he had
been put through an almost endless
examination by Attorney Richardson.
He declared no had neither opinions
nor prejudice to hinder him from
reaching a verdict,
shaw's. brother is a member of the
state Legislature. AS such he VotAA