The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-07-29

SdlQ tueA COulu U0 CLEAR dS 10
the reasonable doubt"
Disbelief i'm Orchard.
There are many in Boise who in
cline to the opinion that a controll-
ing influence with the jury was their
disbelief in Orchard. Haywood's
counsel in all of their arguments
heaped abuse on Orchard, and told
of the general contempt in which all
classes held such a man as he. The
attorneys played upon the probabili-
| ty that Orchard had been promised
immunity by some one connected
with the prosecution and called at
tention to the fact that he had been
/ treated with the greatest of conside-
ration by the penitentiary authori-
/ ties since his confession was made.
Judge Wood in his charge warned
the jury to view Orchards testimony
with great caution and as test of
the corroborating testimony, sug-
gested that the story told by Orchard
be laid aside and the remainder of
the evidence viewed in that light. 1t
was not necessary, however, he adj
ded, that the corroborating evidence
should prove every point.
In the delays of jury selection a
version of prejudice against Orchard
was uncovered unexpectedly when
the trial panel was more than half
completed. One of the proposed
| iurymen volunteered as an excuse
the information that he would not,
could not, believe Orchard under any
circumstances. This was cause for
his challenge and removal and there
after the attorneys for the state in
quired carefully into the matter of
antipathy to the confessing witness.
First Ballot.
When the jurors retired yesterday
morning, shortly after IL o'clock,
they proceeded to the election of a
foreman, Thomas B. Cess, No. 1, be-
ing selected. Then came the first
formal ballot, which resulted:
Not guilty, s; guilty, 2; blank, 2.
Blank ballots were cast by Fore
man Cess and A. P. Burns, both
| farmers. The second vote was to
8, Cess going over to the majority
Then Burns Joined in, making it 10
to q Here the jury remained at
deadlock for 2 hours, the two men
! insisting upon conviction in some de-
gree being Thomas Powell and Sam
uel d. Gilman, ranchers. The jurors
in favor of acquittal took turns in
arguing with the recalcitrants. Once
during the long debate, as the doors
of the jury room stood open, Mr..
! Powell could be seen seated at the
| table pouring over a copy of Judge
! Woods instructions. At 3 a. m. he
succumbed and then all the jurymen
| turned in for nap. 1t was little
after G O'Clock when Juror Gilman
was aroused with the announcement
| that another vote was about to be
taken. Well" he said, eff anybody
would stick with me | would stay
here as long as any of the rest OF
you, but as I am alone. | will fall in
with your wishes
| The vote was cast and William d.
Haywood was declared acquitted of
all completely in the death of form
er Governor Steunenberg.
Judge Wood was telephoned for at
7:10 a. M, and arrived at the court
house 20 minutes later. The attor
neys for the defense and the prose-
cution were slower and did not arrive
until just before o'clock, Mr.. OAR
row being the first. Haywood en-
tered court at 7:45, and smiled his
customary greetings to counsel and
newspaper men. Asked as to how
he felt. he declared: Very well,
indeed"
He had laid down most of the
night and had had some sleep.
Judge Wood took his place on the
bench at 7:45 o'clock and four min
utes later the tired, bedraggled,
WORKOUT jurors filed in. Haywood
sat with his right elbow hung over
the high back of his arm chair-a
characteristic attitude. AS the clerk
began to call the roll the silence in
the big court room was painful. The
tick of the clock on the wall sound
ed like blows from a sledge. Then
came the voice of Judge Wood, ask
ing: Gentlemen of the jury, have
you agreed upon verdict"
Haywood turned his single eye up
on the twelve men.
I'VE have came the : response
from Foreman Cess, who handed
plain, white, official size, envelope to
the court.
Judge Wood delved into the enyel-
ope, hesitated, looked again and then
in some amazement, said: There
is nothing in here"
There's the right envelope in
your coat pocket" said Juror Rus
sell to Mr.. Cess. The foreman was
palpably nervous and this added ma
terially to the strain felt by all in
the court room. The second enEel-
ope was handed up. Judge Wood
glanced at it and tossed the paper to
the clerk, who read:
The Verdict.
State of Idaho against William
d. Haywood:
1--WE, the jury in the above en-
titled case, find the defendant, Will
liam d. Haywood, not guilty.
THOMAS b. CESS, Foreman"
Then came the congratulations of
Haywood, in the midst of which
Judge Wood said:
THE defendant will be discharged |
and the jury discharged 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 speech to the |
jurors, but had finally contented |
himself with expressing his thanks
personlly to each one. And If any
of you come to Denver" he said to
them. as they were leaving the court
room, you will always find well
come at the Haywood home"
To-