| Show THE THI HARO INTERVIEW trial judge D erects the county at torney to take legal action if inquiry warrants it boise idaho judge fremont wood who is presiding at the steu anenberg murder trial on friday dl reeled the prosecuting attorney 01 0 ada county to make an investigation of the circumstances under which harry orchard was interviewed for publication thursday and to any legal steps that his inquiry showed to be warranted when the haywood trial was about to begin friday morning judge wood caused a decided ensa sensation ens atlon tion by an bouncing noun cing that he had read in the morning papers several articles con berning an interview with the state states s most important witness against the defendant judge wood declared the publications were highly improper coming as they did during the im paneling of the jury while they appear to the court as not pr precisely in contempt continued judge wood they are nevertheless calculated to influence the jury in this case something must be done to prevent a recurrence of this it 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 bear from counsel on the subject james H hawley leading counsel for the prosecution deeply regretted any occurrence that might prejudice the case but disclaimed any cespon sivility lity in the matter and claimed that if anyone had been injured by the publication of the interview it was the prosecution cution mr richardson of counsel for hay wood declared that the publication ot of the interview with was done for the express purpose of influencing the jurors to give credence to this witness meaning orchard mr richardson added it was a dastardly outrage on this defendant anything that the court can do to pro hect itself and this defendant and in eure to him the fair trial to which ha he la Is entitled will be heartily seconded by us we do not believe the attorneys attorney s for the prosecution are responsible we have been watching them closely and if they thin they have done anything that we do not know they are much mistaken I 1 call on them now to denounce these things as em ern aa as we have done we especially object to the pur ported interview ot of the governor say ing what he had done to establish the credence of the witness s if it was not patent before that the governor of this state never intended that pis this defendant should have a fair trial it Is very evident now senator borah said he did not be lieve it was the intention of anyone to control or influence the fury jury in this way I 1 will say this though that if this man orchard had been in my keeping I 1 would mould have put him on exhibition long ago and dept I 1 ept him there nothing has passed from the control of the prosecution ca calculated cu ate to hurt the man here on trial if any harm has been done it has been done to the prosecution the prosecuting attorney being present in the court room judge wood said 1 I call his attention to several articles in this morning mornings s pa pers one orle reporting the details of the visit of the newspaper new paver paper men to the penitentiary two others signed by two correspondents and giving their opinion of orchard and another pur porting to have been sent out by the associated press if after careful investigation without fear or favor he concludes that an attempt has been made in any may a to influence jurors he will take such action as the law seems to justify I 1 have every confidence in the prosecuting attorney CLARENCE F DARROW attorney for the defense in the hay wood trial |
