Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-07-27
Photns by Johnson.

dence in the case has been intro
duced, and the argument of counsel
being completed, 1t now devolves up
on the court to instruct you in rela-
ton ia the. law of the case. but be-
fore doing so ] desire to join With
counsel for the state and the defend
ant in congratulating you upon the
approaching termination of your du-
ties. and 1 also wish TO extend to you
and each of you the thanks of the
thanks of the court for the atter.
tive manner in which You have thus
far performed your duties as jurors in
this case.
You have been selected to this
responsible position and for the per-
Torrance of this important duty from
a very large number of your fellow
citizens after long, painstaking and
most thorough examination by able
counsel, The oath which you took
as jurors when sworn to try this
cause imposed upon you the mos
solemn duty that devolves upon any
citizen---that OF sitting in judgment
upon your fellow man.
You have been called here Mt the
busiest season of the year, and per-
haps when many of you could not
well afford to be absent from your
respective vocations, but the duties
here imposed are necessary and es-
sential under our system of govern
ment, and IL any of you consider the
performance of this duty burden or
a hardship, you should feel fully re-
compensed therefor In the fact that
your selection to try this case because
from the very large number of jurors
examined is a splendid testimonial to
your citizenship and should be ac-
copied as guarantee that you VIII
give this case that conscientious con-
sideration which the law imposes upon
you when you take 1t with you to your
jury room for final action thereon"
MUST IGNORE SOME EVIDENCE.
After the customary instruction az
to the general duties OF the jurors as
to the law and evidence. Judge Wood
instructed the jurors In accordance
with his ruling made some days ago,
after argument by counsel as to the adj
instability of the evidence bearing on
the connection of Steve Adams with
crimes committed in northern Idaho.
This evidence and also that introduced
by the defense regarding deportations
In Colorado end the employment OF
Pinkerton detectives by the mine own
crs Judge Wood instructed the jury
not to consider on the ground that no
proper connection had been made in
either case.
Instructions as to the necessity for
the clear and conclusive proof beyond
any reasonable doubt of every material
fact were followed by the quoting OF
the Indictment on which Haywood, to-
gether with Meyer and Pettibone was
arrested. On this subject Judge Wood
said;
''There are three counts in the In
dictment, but the substance of each or
them Is the unlawful. wilful, deliberate,
premeditated and felonious killing of
the said Frank Steunenberg with NAL
ice aforethought. The essential ele-
ments Of the offense charged in the in
dictment consist OF the following fea-
lures:
ESSENTIAL ELEMENTS OF Of
TENSE.
First, there must have been kill
ing; second, that killing must have
been unlawful: third, II must have
been wllful; fourth. It must have been
dellberated upon: iifth. II must have
meen premeditated; sixth, II must have
been accompanied by malice In the
mind Of the persons or persons doing
the killing and unless these features
and each ana every one OF them are
reasonable doubt then the defendant
cannot In any event be convicted OF
murder In the first degree
The language of the statute Is given
az TO murder In the first and second
degree and voluntary and involuntary
manslaughter.
MUST BE CONVINCED OF GUILT
Continuing, Judge Wood said:
''The court instructs the jury that un-
der the law no jury should convict
citizen on citizens OF crime simply be-
cause there Ia strong reason TO believe
that he is guilty but before the Jury
can lawfully convict they must be con-
WINGED OF the Attendants guilt beyond
all reasonable doubt
III II ~ possible for you 10 reeon-
cile the facts In this case upon any
reasonable theory consistent with the
innocence OF the defendant, william
d. Haywood, Il Is your duty 20 do 80
and nnd the defendant not guilty,
II further instruct you gentlemen OF
the jury. that while proof has been ad-
mitted Of the commission OF other
crimes by the defendant and his assoc
ciatos, and tending 10 prove the COM
mission OF such other crimes by them,
that II has only been admitted for
tile purpose OF showing the existence
~ conspiracy 10 accomplish certain
Objects, and that such crimes nnd the
crime resulting In tie death OF ex-
Gov SteuneI berg as well, were all In
ridenis OF such conspiracy; but you
must moi forget that the defendant In
being tried for the murder OF Frank
steunenberg and for that crime alone.
But you are privileged 20 take such
other matters into consideration as