, 1907-07-27

6tSS
voluntary Manslaughter and Not
Guilty-Jury Now Has Matter.
Boise, Idaho, July 27.-Judge Ere
mont Wood today delivered his charge
to the jury, into whose keeping was
given the fate of William D. Haywood
secretary-treasurer of the Western
Federation of Miners. charged with
the murder of former Governor Frank
S%teunenberg Of Idaho.
The Five verdicts.
The Judge gave the jury the choice
of FIVE verdicts:
Murder in the first degree.
Murder in the second degree.
Voluntary manslaughter.
Involuntary ma%nslaughter.
Not guilty.
Leaned Toward Defense.
Judge Wood dwelt at length upon
the laws Of conspiracy and the value
Of the evidence given by an accom-
plice. The charge was regarded by
both sides as eminently fair. II any
thing. 1t was the consensus Of opinion
that the court leaned toward the de-
Tense.
Jury Has Case.
Judge Wood completed the charge
at 1859. The court room vas cleared
at II and at 11:O4 the jury retired.
Recess was taken until 2 p. m.
Judges Charges Lengthy.
Judge Woods charges and instruc-
tons, delivered to the jury in the
Haywood Ease this morning, were
lengthy, making altogether about 49,
900 words. The judge at the outset
thanked the jurors for the attentive
manner" in which they have perform
ed their duty.
Evidence to BE Disreaarded.
Judge Wood instructed the jury not
to consider evidence bearing on the
connection Of Steve Adams with the
crimes committed IN northern Idaho
and evidence introduced by the de,
tense regarding the deportations In
Colorado and the employment OF
Pinkerton detectives by mine owners
upon the ground that no proper con.
nection with the case on trial had
been made in either case
Benefit Of q Doubt.
After quoting and explaining the In.
dictment on which Haywood was ar
rested, Judge Wood said: "The court
~instructs the jury that under the law
no jury should convict a citizen OF
crime simply because there is strong
reason to believe that he is guilty, but
before the jury can lawfully convict
they must be convinced Of the defend
ants guilt beyond all reasonable
doubt.
Reconciliation Of Facts.
"If it is possible for you to reconcile
the facts in this case upon any rea
sonable theory consistent with the In
ocenc Of the defendant, it Is your
duty to do SO and find the defendant
not guilty"
Proof of other Crimes.
After i%nstructing the jury that the
proof of other crimes than the murder
of Steunenberg had been admitted
only for the purpose of showing a con
spiracy to accomplish certain objects
Judge Wood continued:
Duty Of the State.
at makes no difference, however, II
this case, what crimes have been com
mitted in Colorado, in the Occur d'Al
enes or elsewhere, or who is respon
sible for the commission Of such
crimes, IL any there be; the defendan'
cannot be convicted unless the state
has established beyond a reasonable
doubt that he is guilty of the %feloniou!
killing Of Frank S~teunenberg."
Proofs Of Conspiracy.
Judge Wood explained the nature o
the proofs necessary to establish thu
charge of conspiracy and said: ut II
not essential to the formation of
conspiracy that there should be a for
NAL agreement between the parties t
do the act charged.
May Lack Formal Words.
ut is sufficient II the minds Of thu
parties meet Understandings so as II
bring about an intelligent and DELHI
crate agreement to do such acts, o
commit the crimes charged, although
such agreement be o manifested b!
any formal words.
Defendant Need Not Be Present.
III you believe in this case, from tn
evidence. beyond . reasonable doubt
that defendant aided, abetted, advise,