Bisbee daily review., 1907-07-28

BO1oE. 10anO, July Zt.-ln the small, brilliantly lighted jury room in the second story of the square brick court house of Ada county, the twelve men who for many weeks, have lis tened to the mass of testimony offer ed against and in defense of Hay wood, were wrestling at late hour to- night with the problem of the verdict Outside on the green lawn silent bail ifs watched to see that no tresspass- CTS should come within hearing of the discussion which came through the open windows. Inside the court room a group of newspaper men sat and chatted with Judge Wood and the court officials. The general public was excluded early in the day, and the stairways and passage leading to the jury room were closely guarded.
 It was four minutes past eleven this morning when the jury, after receiv ing instructions, which were decid- edly in favor of the defendant, re- tired to their deliberations, and so far they have failed to agree upon any of the five propositions laid down to them by the court. These were muT- der in the first degree; murder in the second degree: voluntary manslaugh- ter; involuntary manslaughter and not guilty When luncheon and din ner hours arrived, the jurymen, many. of them well along toward their al- lotted terms of three score years and ten, were escorted to the house where they have made their home ever since the beginning of the trial and there the meals were served. Less than twen- ty-6Ye minutes were occupied with luncheon. and with but a few minutes more for dinner, the jurors being ap- parently anxious to return to their du- ties with all possible speed.
 Today has been one of the hottest of the summer and the southwestern exposure of the jury room made it the target for the blistering after rays of the July sun. once secluded from the formal atmosphere of the court room the jurors quickly stripped off their coats and collars prepared to make their confinement as comforta- ble as possible. A glimpse into the room late today showed the jurors lOunging about in comfortable atti- tudes and seemingly content with the progress they were making. Despite the long time the jury has been out today there still exists q hope among those have followed the trial that some sort of a verdict may be reach ed That affairs have not come to a deadlock was indicated during the af- teTn0On when the jurors sent a re- quest to Judge Wood for some of the most important documents introduced into the case as exhibits. These had to do directly with the alleged con- splracy against Steunenberg. The exhibits asked for were telegrams which Attorney Fred Miller of SpO- kane sent to Orchard the day follow ing his arrest at Caldwell, where the assassination of former Governor Steunenberg took place. Jack Simp- kins is said to have engaged Miller. The second exhibit was the cipher tel egram which Simpkins sent to Hay wood two days later, saying he could not get an attorney to defend Or chard. The third was a copy of a letter Orchard said he received from Pettibone in the Caldwell jail telling him that that WAS sent to Jack the 31st," and lastly the jury called for six drafts Haywood sent from Denver to Simpkins one being for $100 and bearing the date of December 2f.
 A tragic event of the day was the collapse of Mrs. Etta CarruJhers, the aged mother of Haywood. Complete ly broken down and suffering from nervous prostration, she was taken to St. Luke's hospital. where 1t is sail tonight that while her condition is not serious, she will require atten- ton for some time The strain of the long trial told more keenIy on the ,.E -rfz
 oner's family She was not in tbe best of health when she reached B1Iss from her home in Salt Lake and fer several days past. it has been not iced that she seemed steadily t0 fail Today as the jury retired and her son was led away to his cell. Mrs Carru- thers reached her arms about hts great, broad shoulders and tenderiy kissed him. This was the only dem onstration in the court room which was but half filled when Judge Wood delivered his charge and instructions. Mrs. Haywood, the defendants 1nys- lid wife,, has stood the heat a0d strain of the trial with apparently no il ef- feet upon her already delicate health.
 Judge Wood. evidently anticipating the jury would be long in it's task, sug- Sested 10 the twelve mel m the DjA before him at the end of his charge. that they take the chair cushions with them into the jury room. Late in the afternoon the throng of waiting re- porters and officials were thrown into a fever of excitement by one of the bailiffs rushing frantically into the court room. There was gen eral rush for position and the jury was expected to report The bailif, however, made his way to the jury box and there took possession of two cushions which had been left
 After the customary instruction as to the general duties of the jurors, as to law and evidence, Judge Wood in- structed the jurors in accordance with his ruling made some days ago. after argument by counsel as to the admiss-