The Chanute times. [volume] (Chanute, Kan.) 1897-1913, 1907-05-24
IT RAISED A STORM
The Orchard Interview Seriously
Objected to by Judge Wood
at Haywood Trial.
MAY INFLUENCE THE JURORS
New Law Applying to Challenges Con-
strued-Five of the 20 Peremp-
tory Challenges Have
Been Used.


Haywood trial was about to begin
Friday morning Judge Wood caused
a decided sensation by announcing
that he had read in the morning pa
pers articles concerning an interview
with the states most important wit
ness against the defendant. Judge
Wood declared the publications we've
highly improper coming as they did
during the empaneling of the jury.
while they appear to the court as
rot precisely in contempt con-
tinued Judge Wood, they are never
theless calculated to influence the
jury in this cause. Something must
be done to prevent a recurrence Ct
this if we are ever to get a jury. The
court is much surprised at this pub
LEGATION at this time and will be glad
to hear from counsel on the subject"
Mr.. Hawley, senior counsel for the
state, arose We are now and al
ways were opposed to the publica-
ton of anything at any time tending
to prejudice possible jurors" he said
Just how the court can prevent a re-
currence except by public request
to the newspapermeh | don't see."
Judge Wood replied: IF the pur-
pose of these publications was to in
fluence the jury there is way to
reach it," he said Significantly
When Mr.. Hawey had again taken
his seat, Mr.. Richardson. of counsel
for Haywood said: Il don't know
and | don't say that these publica-
tions of this morning came from the
prosecution. But they are very OBJ
vious The presence of prospective
jurors alone prevents my saying what
| would otherwise"
Clarence barrow, for the defense,
was the next TO be heard. He said:
There can he but one purpose in this
joint reception of Gov. Gooding and
his friend Mr.. Orchard. 1t was to
Influence the case at this time.
scarcely know to frame my attitude
in proper language. 1t seems TO me
that this effort to give Mr.. Orchard
credence must have come from tho
disclosures made here as to the at
titude of certain talesmen."
The other important DEVELOPMENT
OF the day was the raising of a ques-
ton as to the right of the state TO en-
JOY ten peremptOry challenges. The
state formerly had been five but at
the last session of the legislature.
which was subsequent to the assas-
s1nation of Governor Steunenberg. the
law was amended increasing the num-
Der TO ten-the same as allowed the
defense. The question was as to
whether this amendment constituted
an expost facto law After argument
eXpost facto and that the state had
the right to ten challenges. In argu-
ing the matter Mr.. Richardson said
that the weight of authority was
with the contention of the state. but
he said that his side intended to make
the liOSI vi lue pOlul Ill lHe higher
court If circumstances warranted and
made the assertion that the legisia.
tule of Idaho had amended the law
because of the cases of Haywood,
Meyer and Pettibone. Both Mr.. Haw-
ley and Senator Borah resented this
statement and the Judge said that
the court would no for a moment as
sumo that the motives of the lcsisla-
ture had been improper.
The fifth peremptory challenge, rep
resenting a total of three by the de
Tense and two by the state, was made
late Friday afternoon, and at adjourn
ment an effort to fill the place made
vacant was in progress United there
are 10 more challenges to be eX-
hausted and of the special venire of
100 talesmen, only "a remain.
There will be a short session Satur-
day and the case will then go over
until Monday.