The Montgomery advertiser., 1907-07-28
JURY NOW HAS FAMOUS CASE It Retired at Eleven
 O'clock. JUDGE WOODS ABLE CHARGE Both Sides Seem Satisfied With
 His Instructions. Bill Haywood Appeared Entirely Con- fident As The Twelve Men Who
 Hold Life in Hands, Leave
 For Deliberations.

Boise, July 27.-1n the small, bril- liantly-lighted jury room on the sec ond floor of the square red brick court house of Ada County, the twelve men who. for many weeks past. listened to the mass of testimony offered in the case of William D. Haywood. Secre- tary Treasure of the Western Federa- ton of Miners. were wrestling at a late hour tonight with the problem of a verdict.
 Outside on the street, shaded by giant trees. silent baillffs kept vigil lance that no trespassers should come within the hearing of the discussion which filtered through the open win- dows. Inside the big court room a group of newspaper men sat and chat ted with Judge Wood and the court officials. The general public was ex- cluded early in the day and stairwnys and passages leading to the jury room were closely guarded.
 It was four minutes past II o'clock this morning when the jury. after le- ceiving instructions which were de- cidedly in favor of the defendant. re- tired to their deliberations and so far they have failed to agree upon any one of the five propositions laid down to them by the court.
 They were murder in the first de- gree, murder in the second degree. voluntary manslaughter. involuntary manslaughter and not guilty. Whcn the lunch and dinner hours arrived. the twelve jurymen. many of them well along toward terms of three score years. were escorted out for meal. Less than twenty-five minutes was oc- cupied with luncheon and but 1ew minutes more for dinner.
 Court Room Blistered.
 Today has been one of the hottest of the summer and the southwestern exposure of the jury room made 1t the target for the blistering afternoon rays of. the July sun. Once secluded rom the normal atmosphere of the court room. the Jurors quickly stripped off coats and collars and prepared to make their confinement as comfortable as possible.
 glimpse into this room late today showed the jurors lounging about Tn comfortable attitudes and seemingly content with the progress they were making.
 Despite the long time the jury mas been out there still exists nope among those who have followed the trial that some sort of verdict may be reachco. That affairs have not come to a deao- lock was indicated during the alter- noon when the jurors sent out re- ouest to Judge Wood for some Of the most important documents introouceo into the case as exhibits. These had to do directly with the alleged con spiracy against former ioVerhoF Steunenberg. for whose muroer nay wood has been on trial and In connec- tton with Mover and Pettibone, "ho are yet to face the jury.
 Haywood's Mother Coliapses.
 tragic event of the day was .n' M collapse of Mrs. Etta Caru.hels' .n' aged mother of Haywood. Coiip'e.o.' hroken down and suffering from ner' ,,a,,s nrostration. she was taken to St rnLs.a where 1t was said tonight Una wbiIe her condition Is not serious, sh' will reouire attention for some tune The strain of the long trial mas toi' ,nors keenly on the mother than any otber member of the prisoners iainiiy She was not in the best or neaith "he she reached Boise from her home II Salt Lake City and for several oay' past 1t has been noticed that s'e ed steadily to fail. ,o
 Today as the jury retired ana as ne son was led away to his cell, Mrs. Ca ruthers reached her arms aoout m great broad shoulders and tenderl! Eissed him. This was the only demon strstion in the court room. Wnicn wa hut half filled as Judge woods deiiV ered his charge and instructions 10 th' jury. ..
 Mrs Haywood. the defendants inva' lid wife, has stood the heat ana s.rai' of the trial with apparently no ll-et fects upon her already deilcate heai." Iudoe Woods, evidently anticipatins tbat inc iury would be long at its task sugessted to the twelve men in th' hoy hefore him al the end of his charge that they take their chair cushioh ,v,tb them into the jury room.
 The court which began this morh!nt when the jury was lnstructeu py 'uus' Wood. will continue without interrup tion until the jury reports veroict o until the foreman announces the peie that an agreement IS impossaoie s.
 Iud1e Wood has not ventured al onInion as to how long he would keeI tha iury locked up in an effort to SC cure verdict The great trial Whlci bsqan the 9th of May, has been mos oxnensive to tho State and the yves ,arn Federation of Miners. which i' aonauctinr the defense and both side' are anxious for a decisive outcome.
 Haywood, who during the morning session of the court listened 10 th' reading of the Judges charge with th' utter lack or any eApi eS'ioii NPO4 his face as during the days or the Tn terminating testimony of Harry Orch ard went back to his cell to await th' inrv's verdict with a smile playing or hIs IIns. During the afternoon he sa fo- several hours on the shaded cour house lawn. chatting and laughint with his wife and daughters. The new of his mothers illness seemed to dis turh him far more than the tilt of th' scales which held his fate in the bal ance.
 fudge Woods charge to the jury wal in keeping with the scrupulous fair ness which characterized the trial iron inc first and the attorneys for the de fanse declared that they were nor t,an satisfied. The states attorneys while realizing that the court, if h. leaned at all had given the benefit O every doubtful point of law to the de fendant, were also satisfied.
 At S o'clock tonight Judge Wood de cided to change the jury quarters an' give thom accommodations in one 0 inc large rooms on the first floor of tn court house. Up to this time ther' has been no sign In the jury room tha there was any chance of an agreement
 Judge Wood. at 10 o'clock. went t' nis home, leaving instructions to b.