The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-05-18
Orchard Interview
Was for Purpose of
Assisting Prosecution
Attorney Richardson for the Defense Claims that
Governor GOOdng Never Intended that a
Fair Trial Should be Given
Miners Officials

BOISE, Idaho. May 17.-Judge Ere.
mont Wood, who Is presiding at tn,
Steunenberg murder trial, today di-
rected the prosecuting attorney of Ada
county to make an investigation of the
circumstances under which Harry or
chard was interviewed for publication
yesterday and to take any legal steps
that his inquiry showed to be warra mt
ed Judge Wood drew attention to the
publication of the interview when he
ascended the bench this morning and
his request of counsel for advice as
to the manner in which the court
should deal with the incident. drew
from the defense the charge that Gov
ernor Gooding and certain newspapers
moved by the disclosure that there
exists prejudice against Orchard, had
sought to influence the jury by an at
tempt to bolster up the credencc that
may be given to Orchards story. and
the suggestion that Governor Gooding
he cited for contempt.
Counsel for the prosecution defend
ed Governor Gooding and the news
papers included within the charges and
showed that the applications for the
interview with orchard had been made
weeks before the examination of tales
men disclosed the prejudice against
him. They in turn charged that while
some of the talesmen were entering
the court this morning men indirectly
connected with the defense had made
remarks within their hearing that were
calculated to influence them and this
affair is also to he made the subject
of inquiry by the county prosecuting
attorney
In calling attention to the orchard
interviews, Judge Wood said that per-
haps their publication was not an at
tempt to influence the jury, but that
If it was calculated to influence jurors
he felt that something must be done
to prevent recurrence of such asthing
in order to secure a jury.
James H. Hawley for the state. cX-
pressed his regret over the puDllca-
tion of the interviews with Orchard
and disclaimed responsibility for them.
The court drew attention to the ut
terances of Governor 0ooding in con-
nection with the statement that Or
chard is not to have immunity for his
confession, and at a suggestion from
Mr.. Richardson that the defense could
not talk freely in the presence of the
jury. required all talcsmen to leave the
room for an hour.
Mr.. Richardson first eXonorated the
prosecution from all connection with
the incident and then said:
"For period of more than fifteen
months Mr.. Orchard has been incarce-
rated in the penitentiary in this state
and secluded from all observers as far
as possible and guarded i'm every pos
sble way to prevent any communica-
ton with the outside. 1t occurred in
connection with the examination of
one of the jurors day before yesterday
that there was some question as to
the amount of credcnce which should
be placed upon the testimony of Mr..
Orchard. The governor of this state,
who has done things which have been
questioned throughout the entire Unit
ed states, If not the civilized world.
having the supreme charge of the@pe
itentiary of this state, and his appoin-
tee Mr.. Warden Whitney, who has at
all times been his subserviant and
agreeable adviser and alder in all that
he has done, took the Associated Press
representatives and that particular
portion of the newspaper fraternity
who are reporting this case agreeaDiy
and collaborately upon the side of the
prosecution. to the penitentiary yesrer-
day, to interview Harry Orchard 1t is
patent as the fact that l stand here
that it was done for the express pur-
pose of influencing these iurymen for
the purpose of rehabilitating Mr.. Or
g., nf civ him
credibility in the eyes of this jury and
in the eyes of the world. and IL was a
outrage upon this defense"
Mr. Richardson drew attention to the
statement of Governor Gooding that no
promises had been made 20 orcharc
and said:
"If it was not entirely patent to the
whole civilized world that the gov
ernor of this state never intended that
we should have fair trial for these
defendants heretofore, it is certainly
patent at this time"
Mr. Darrow. who followed Mr. Rich
ardson, said in part:
"Of course there can be but one pur-
pose in this joint reception of the gov
ernor and his friend Mr.. Orchard. and
that was to influence tnlS case at TINS
time. 1t seems to me that this effort
to give Mr.. Orchard crcdence must have
come directly from the disclosures
made by the examination of various
jurors as to what they thought of Or
chard and his confession and that in
view of this they have permitted the
newspaper men to see him and give out
a lot of stuff which upon its face was
manufactured. a lot of maudlin rcli-
gious idiocy-a man telling about
books on religious subjects he has been
reading in face of his whole attitude
of mind for his whole life. and the
governor coming in and stating some
thing that was most apparent to every
intelligent man as being absolutely un-
true. that this man deliberately placed
his neck in the halter without any hope
of reward and scattering that broad
cast at this time. when we have got
twelve men in the box and fifty venire-
men unexamined."