Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-05-17
EFFORT 1O
INFLUENCE JURORS
Orchard Interviews Condemned
By Both Judge and Counsel
In Haywood Trial
GOVERNOR IS slTrERLY SCORED

{ y lis
ing, Who is Believed 70 Have In
spired the Interviews, Be Cited for
Contempt - Prosecution Claims Il
Will Be Injured Mroe Than Defense.
Boise, May 17--At the opening OF
the Steunenberg murder trial today,
Judge Wood directed the prosecuting
attorney Of Ada county to investigate
the circumstances under which Harry
Orchard was interviewed for publica-
ton yesterday, with the view OF ascer-
tanning II there had been any attempt
to influence the jurors In the case, ana
to take such steps as he found the CIR
cumstances to warrant. In drawing
attention to the matter, the judge
asked counsel IL they could offer any
suggestions as to the duty Of the court.
Richardson vigorously denounced the
incident as a deliberate attempt to in
fluence the prospective Jurors, sug-
gested by the disclosure Of prejudice
against Orchard and his testimony, and
inspired by Governor Gooding. Dar-
row took the same ground and sug-
gested that Gooding be cited for con-
tempt. Both Richardson and DarroW
protested that the publication OF Or
ctard interviews grievously injured the
defense. Hawley, for the state, de-
plored the incident, but maintained
that it would injure the prosecution
more than the defense. He also drew
attention to the widespread newspaper
campaign In behalf Of the defense, and
the misstatements that had been cir
culated about Orchard and said ne
could see no harm n~permitting the
newspaper men to interview Orchard
on general Ines
Senator Borah spiritedly defended
Gooding, and the 9newspaper nsen from
the charge that they had tried TO IN
fluence the jury. The trial was inter-
rupted for an hour, at the end OF whlch
time the examination OF talesmen was
resumed.
Boise. May 17.-Counsel for the de-
tense and prosecution I'M the case OF
William d. Haywood expressed doubt
early today, as to the probability OF se-
curing a jury FOR several days. Yes
terday morning hope ran high that the
seats now filled with talesmen quail
fed to the peremptory challenge point
would be changed to q box Of real jury
men by the end Of today slsession. but
the fact that eleven talesmen were ex-
hausted in an effortto hll one seat va
Gated by peremYtory challenge, and
that 1t took two hours and 9 half TO
quality one man for cause alone ct the
half days session yesterday, showed
trat there is increasing reluctance on
the part Of talesmen to serve. 70 this
NAV be added the increasingly wide
scope Of the interrogations put by the
defense in which, by the way. the
prosecution Is not slow to follow suit.
Asain. Haywood himself has up to the
present not denied 2 single challenge
from either side, notwithstanding the
fact that fifty-seven talesnen are YET
to be called from the special venire
summoned by the sheriff, and fear IS
expressed that this venire may be ex-
hausted. and another will have to be
called. With twelve men in the box,
and eighteen peremptory challenges 70
come. for it is likely that every chat
lenge will be exhausted. u Is
thought quite possible that 1t will be
necessary for the sheriff once more TO
search the county for available jury
men. Such contingency would un-
doubtedly cause another protracted
DELAY. Additional witnesses are arriv-
ing on every train, and the activities or
those interested on both sides continue.
Before the jury in the William ..
HAYWOOD trial was brought into court
today. Judge Wood drew attention to
an interview with Harry Orchard, pub
lished in the morning newspapers.
which he said undoubtedly was cal
culated to influence the witnesses and
Jury. While The matter was under dis
cussion. witnesses retired.
JUDGE Scores Publications.
Judge wood directed the county
prosecuting attorney to make an In
yestigation Of the facts connected with
the orchard interview, and take such
action as he found warranted.
The Judge declared the publications
to be highly improper, coming as they
did during the empaneling Of the jury.
..While they appear to the court as
not precisely in contempt" continued
Judge wood, "they are nevertheless
calculated to influence the jury in this
case. Something must be done to pre-
vent a recurrence of this. if we are
ever to get a jury. The court is much
surprised at this publication, at this
time. and will be glad to hear from
counsel on the subject.
Hawley, senior counsel for the state,
said:
1--WE are now and always were op-
posed to the publication of anything at
any time tending to prejudice possible
Jurors. Just how the court can pre-
vent a recurrence except by public
request to newspaper men, don't see.''
The judge replied:
"If the purpose Of these publications
was to- influence the jury, there is q
way to reach it," ~
He said it significantly. Richardson.