Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-05-19
Prosecutor Completes His In
yestigation Of Orchard Case.
MUST PROVE THE INTENT
Nothing to Show That the Matter
Was Criminal.
SLOW WORK GETTING A JURY
Only 'Twenty-Six Men Left Out Of the
Last Panel of One Hundred
Summoned.

torney Koelsch today completed his inves
tigation of the circumstances Under which
Harry Orchard. principal witness for tht
state in the Steunenberg murder case, was
interviewed, and presented to the district
court report generating from the charge
of improper motives all persons connected
with the incident. He found that the only
motive newspaper men had in interviewing
Orchard was to obtain news Of him. In an.
nouncing the report Judge Wood said that
1t called for no action. and directed that !,
be filed. The report says:
II, OF course, investigated the matter with
the view solely of determining whether
there had been any infraction of our penal
laws or any contempt upon the court.
take it for granted that with the question
of the propriety OF taste of the publication
under consideration I have nothing to do
at least not in an official way.
Must Prove Corruption.
I'm order to come within the purview OF
our statute defining and Furnishing improper
attempts to influence juror or person
summoned asa juror such attempt must have
been made Intentionally and corruptly, and
if SO done it is felony. A publication dur
ing the course of a trial which reflects
upon the court or assails the htigants OF
seeks to intimidate witnesses or spreads
before the jury an opinion upon the merits
OF controversy or threatens with public
odium or attempts to dictate its decision OF
in any improper way endeavors to influence
its decision is contempt of court
Il am able to report that my investigation
of the matter entirely disproves that any
improper motive actuated any one connect
ed with the publication under consideration
1t was published purely as a matter of
news, which the correspondents had been
eager to get tor long time, but had been
denied the opportunity of getting. When
this opportunity was finally given to them
they seized It with avidity, and no thought
other than it would be front-page scare
head matter. This was antural.
Became Mysterious.
Orchard the chief actor in the tragedy
that was perpetrated in the murder of for
mer Gov. Steunenberg. had been denied to
all newspaper men for menths. No one had
heard anything authoritative about him. He
became mysterious. Speculation concerning
him was INDUCED in. Stories of his physical
and mental breakdown circulated and found
their way into the press. Is it any wonder
that newspaper correspondents should wish
to see and Interview him? Any wonder that
newspapers should overlook the Improperly
L
'"TheE Associated Press and others be-
came So insistent to see him that their
request was finally granted. l am able to
state and do state. that this privilege was
grantsd them solely because of their re-
{ = &C never even entered she- minds OF those
: who granted this privilege that there could
be anything improper III their action, and
no improper motive aetuated them.
No Improper Motive.
81 want to emphasize that my investiga-
ton absolutely disproves any improper mo-
tives of any one who permitted these inter-
views. That the other statements con-
tanned in the publications under considera-
ton were not made at this particular time
with any improper intention is also further
evidenced by the fact that various similar
statements have repeatedly. and for long
time, appeared in the public press.
During the investigation my attention
was directed to the fact that for a long
time certain paper had devoted itself
almost exclusively to publishing matter
tending to discredit persons likely to be
called as witnesses in the pending case,
and when l. answered that two wrongs
could never make one right. and that be-
cause others had not been punished for
contempt was not a defense, 1 was assured
by both the Statesman and the Capital
News, Boise papers, and by each corre-
spondent of outside papers circulating In
Ada county. whom l 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 of an opinion as to the merits
of the case on trial.
Wants Stringent Ruling.
II therefore recommend that your honor
make and promulgate an order along these
lines as stringent as the Law will permit,
and I promise to make every effort within
my power and authority toward rigid
enforcement Of the same and to bring be-
fore the proper court every infraction Of
the same regardless of whom the offender
shall be-"
Progress toward the completion of a Jury
to try Haywood Is being made by expanding
the peremptory challenges allotted by law
to state and defense, IL by. no other means
Up to adjournment this afternoon the state
and the defense four Of its ten, so that
there remain unexpended only eleven per-
emptory challenges.
Only Twenty-Six Men Left.
The special venire of 100 talesmen that
reported in court last Monday was, at the
close of today's session, reduced to twenty-
six men, and 1t Is predicted that another
special venire must be called about Tues
day in order to complete the jury.
Today's proceedings showed sharpening
of the contest between opposing counsel
There was absence of yielding, and Diff
ferences were fought out and left to the
court for decision. The ever-changing jury
is now largely composed of men beyond
the middle line of life, but the unexpended
challenges may change 1t in any direc-