The Washington herald., 1907-07-29
HAYWOOD FREE.
CONTINUED FROM PAGE ONE.


ity. That made four Of us for conviction.
The fourth ballot was after supper, when
Burns and Cess went over 20 the ma
jority, leaving Powell and myself. It
stayed that way all night About G
o clock we took another vote, and Powell
voted with the majority. leaving me all
alone. It was around $50 when l finally
gave IN.
Il could not point TO any particular in
struction that decided the boys. l think
it was instructions generally They could
not seem 90 make head or tail Of the mat
tere. but were convinced that the general
tone indicated that the defendant should
be freed Yes, some of them seemed TO
think the instructions were very strong
regarding corroboratlve testimony, and
some said they could not be clear as 70
the reasonable doubt"
Jurors Played Cards.
According to Gilman, it was not all
hard thinking and talking in the jury
room, as some Of the jurors played cards.
Neither Mr.. Russell, nor Mr.. Cess
played cards." he said. but Mr. Russell
was the only one who was opposed to it.
Some Of the bailiffs brought some cards
over. and Mr.. Cess. for a joke. put the
deck In Mr.. Russells pocket Mr.. Rob-
ertson saw him do it. few minutes
after that somebody got TO talking about
mind-reading. and Robertson said he
could read the minds OF some people.
Russell argued that there was nothing
in it. but Robertson contended that he
could prove it-on Russell Russell said
go ahead. and Robertson then said he
could tell what Russell had In his coat
pocket
You can't do anything OF the kind.
said Russell.
81 can. too,' said Robertson. You've
got deck Of cards in your pocket. Rus
sell looked very disgusted
why, you know I would not have
anything Of the kind In my pocket" he
said He stuck his hand IA his pocket
and pulled out the cards. though, and you
never saw such a surprised man
Instructions Considered.
Mr.. Smith was another juror whom the
Instructions Of the court had great effect
upon. we could not convict under
- NV4 AAsS4i AA LARlaSf &it Ealls " G
simply could not do it"
Did you believe the testimony Of
Harry Orchard2" he was asked.
Yes. and no. he replied. Some Of it
did. and some OF it 1 did not"
Little Jamie Robertson. the gray-whis-
kered Scot, with whom Steunenberg lived
for two years while he was governor.
vas one OF the big surprises Of the enter
pTising jury. When he got to talking
about the case IN the jury room, ae said
II any man here knew and loved Frank
Steunenberg, II was l, but you can't hang
man on that evidence, and I won't ever
stand for it,
o. +. SebeTn, the lanky rancher, who
has been supposed from -he first TO be
fayorGbly disposed 10 the prosecution.
appears 10 have been one Of the strongest
fighters for Haywood. He, too, made a
speech. soon after the jurymen went out.
He said he would rot before he would
vote FOR a conviction.
Why" he is reported 10 have said, you
would not convict the devil on the evi-
dence of such a scoundrel as Harry
Orchard"
Sebern is the man who sat on the Jury
that voted 10 hang Tom Horn. the cattle
bandit. in Wyoming some years ago The
jury was out almost twenty-one hours.
but the last hour was spent in merely
waiting FOR the lawyers 90 get 70 the
courthouse
1t was Z O'Clock this morning when they
finally agreed TO let Haywood go free.
None or the Jurors knew Just how many
ballots had been taken. The nearest any
Of them could come 10 II was 10 say that
they baliOted fifteen or twenty times. The
hrst ballot stood eight for acquitJal and
four for murder in the first degree.
we took our first ballot almost as. soon
as We got into the juryroom. said Juror
Russell and IL was eight 20 two then.
The two who were for a conviction were
Jurors Gilman and Powell Goss was not
sure, and he and Burns did not vote
GOss was the first 20 come over 10 our
later by Burns. Powell came in next at
about 3 o'clock. We did no; 20 TO sleep
al all. and we made Powell read over the
courts instructions time and again before
he finally came around"
Did Not Believe Orchard.
Then YOU did not believe Orchards
testimony" asked a reporter.
Believe fl? No" said Russell Il
thought he was simply testifying to save
mis- own neck"
Perhaps the most extraordinary thing
about the verdict is the fact that the
Sour men who az first stood out for a
conviction were the men who above all
were relied upon by the defense. and
feared by the State. Powell. especially.
was supposed to have leaning for the
defense. Burns, too. Is the only man on
the jury who ever belonged to a labor
union
Sentiments expressed by other jurors
forced the conclusion that the Jurors
merely believed that Haywood might be
gIlilfv hut that IL ba1 not haav, ,,-,--,,,