Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-07-29

In the days OF jury selection vein OF
prejudice against Orchard was uncovered
more than half completed. One Of the
proposed jurors volunteered as an excuse
the information that he would not. could
not. believe Orchard under any circum-
stances. This was a cause for his ohal-
lenge and removal, and thereafter the at
torneys for the state inquired carefully into
witness
When the jurors retired Saturday morn
ing shortly after II o'clock they elected
as foreman Thomas B. Cess. Then came
the first formal ballot, which resulted:
Not guilty. s; guilty. 2; blank. 2.
The blank ballots were cast by Foreman
Cess and A. P. Burns. both farmers. The
second vote was 9 to 3. Cess voting with
the majority. Then Burns Joined in. max
ing 1t 10 to 2.
Deadlocked Twelve Hours.
Here the jury remained at a deadlock
for twelve hours. the two men who in
sisted on conviction in some degree being
Thomas Powell and Samuel D. Gilman
ranchers. The jurors in favor Of acquttal
took turns In arguing with the recalci-
trants. Once during the long debate. as the
doors of the juryroom stood open. Mr..
Powell could be seen seated at the table
porting over copy OF Judge Woods in
and then all the jurymen turned in for a
nap. 1t was little after O'Clock when
Juror Gilman was aroused with the an
nouncement that another ballot was about
to be taken.
Well he said, 'if anybody would stick
with me 1 would stay here as long as any
OF the rest Of you: but as am alone I will
fall In with your wishes
The final vote was cast and William D.
Haywood was declared acquitted Of all
completely in the death of former Gov.
Steunenberg.
Judge Wood was telephoned for at ITO
and arrived n q txUo w
minutes later Attorneys for the defense
and prosecution were slower. and did not
arrive until just before o'clock. Mr.. OAR
row being the first. Haywood entered court
at 7:45 o'clock and smiled his customary
greetings to lawyers and newspaper men.
Asked as to how he felt. he declared: Every
well. indeed" He had lain down most of
the night and had had some sleep.
Judge Wood took his place on the bench
at 1854 o'clock. and four minutes later the
tired jurors filed in. Haywood sat with
his right elbow hung over the high back Of
his armchair. characteristic attitude.
An Impressive Moment.
AS the clerk began to call the roll the
ticks Of the clock on the wall sounded
like blows from a sledge. Then came the
voice of Judge Wood. asking:
Gentlemen Of the jury, have you agreed
upon verdict?'
Haywood turned his single eye on the
twelve men.
I'VE have" came the response from
Foreman Cess. who handed a plain white
envelope to the court. Judge wood delved
into the envelope. hesitated. looked again.
and then. with some amaZement: There
is nothing In here
There's the right envelope in your coat
pocket" SAID Juror Russell to Mr.. Cess
The foreman was palpably nervous, and
this incident added materially to tina sus-
pense felt by all in the courtroom. The
second envelope was handed up. Judge
Wood glanced at 1t and tossed the paper
to the clerk. who read
The state of Idaho against William D.
Haywood: We. the jurors in the above-en-
titled case find the defendant, William D.
' ~ THOMAS B. CESS.
Then came the congratulate of Hay
wood. in the midst Of which Judge Wood
said:
The defendant will be discharged and
he jury dismissed for the term.
Attorney Richardson was on his feet.
Would your honor permit" he began.
but changing his mind, sat down. with
the sentence unfinished. 1t was announced
later that Haywood had desired to make a
speech to the jurors, but had finally con-
tented himself with expressing his thanks
And IL any of you ever come to Dem
ver" he said to them as they were leav-
ing the courtroom. you will always find a
welcome at the Haywood home
HayWood'S Statement.
HAYWOOD received scores of kilograms OF
congratulation during the day from all
parts of the country. Many were from indi-
viduals, and many more from labor and
socialist organizations.
Eugene " Debs was among the first to
send greetings
II appreciate the support Of the working
class extended to us by Workingmen
throughout the country 1 hope to be able
during the coming year personally to ex-
press that appreciation. l have no feeling
nor i'll will toward any person; am char
table toward all. My intention is to go
back to Denver and take up my work
where left off when l was placed under
arrest.
Il do appreciate the kindness and con-
sideration with which my family has been
treated by the people of Boise l do appre-
ciate, and in stating express the senti-
ments of companions in JAN. the courtesies
extended to us by Sheriff Hodgins, former
Sheriff Moseley ana his deputies.
LAS to the outcome of the trial I have
| never had any lear. and would have eX-
pressed yesterday the same belief l ex-
pressed when first arrested-that Is, that
with fair trial and an impartial trial. the
verdict would be such as has been given to
the country.
Senator Borah treated me most fairly
| and l appreciate it. Judge Wood was emil
nently fair to me- and I have extended him
q
| the ordeal of this trial.
Does Not Blame Gooding.
Il do not in any way blame Gov. Gooding
for the position he took. In closing I wish
| to express appreciation of the wonderful
support given to me by the presence In the
courtroom during the trial of the represent
atives Of labor, industrial and political or
CARNATIONS
Clarence Darrow of Chicago whose argu-
| ment to the jury was largely special plea
for labor and attack on the methods Of
the state and of counsel, said:
The trial has been fair. the judge I'M
partial and counsel considerable. We have
no complaint to make l do not desire to
be understood as wishing to reflect upon
the integrity of the state or the people of
Idaho. Had l been governor at the time
Steunenberg was murdered. and had the
evidence been brought to me that was
brought to the governor of this state, I
would have done probably Just what Gov
Gooding has done. Senator Borah has con-
Quoted his part of the case with marked
] fairoess and with ability unsurpassed bv