New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-07-28

aave been extended by the authorities to Orchard
and there is any promise relating further favors
9n account Il his testimony, thoy are proper mat
ters for the jury TO take into consideration"
Judge Woods charge contained more than Twelve
thousand words and covered the from almost
every point cf view. II regarded by both sides
as eminenty fair. II anything il was the consen-
Of opinion that the court leaned 90 the defence,
n regard 10 the. corrobora ton Of Orchard Judge
Wood said that the jury should test the value OF
such evidence by eliminating his testimony, with
q view 10 ascer+3irfn ii there is inderendent tes-
tmony tending connect the defendant with the
offence. This corroborating evidence the court
continued need be sufficient Of itsclftO estab
ish the guilt of the defendant, but il must tend
I'm some degree to imolicate and connect the de-
PENDANT with the commission Of the crime charged
Further along in his charge Judge Wood said:
IF is possible you reconcile the facts in
this case upon any reasonable theory consistent
with the innocence Of the defendant, William u.
Haywood, It is your duty TO do so. and find the
defendant not guilty.
Tine jury is instructed that the flight Of Jack
Simpkins If you find such fight to have taken
place, standing alone would not of itself be any.
evidence Of the guilt Of the defendant But If you
ma thar Simpkns. after the arrest of Orchard did
fee become fugitive from justice. then that
fact may BE- taken into consideration. together with
all The other facts of the case. in determining
whether not Simpkins a member of the
conspiracy which the state has sought 70 prove
and Of which conspiracy IL is claimed by the state
that the defendant member
HAYWOOD ENTERS SMILING.
The courtroom was only half filed when the jury
filed in shortly before 10 O'Clock Haywood cames
in smiling and bowed a salutation to his wife his
mother his TWO daughters and sister, the entire
family being present.
As Judge Wood took the bench the twelve jury
men. who directly IN front of him. wheeled in
their chairs turned their backs upon the defendant
and his attorneys and listened attentively to the
charge.
Before delivering his Instructions Judge Wood
said:
Gentlemen Of the Jury: The evidence in the case
Tg7Tr r1
eel being completed it devolves upon the
court 10 instruct you in relation the law Of the
case; but before Going 50, I desire 10 join with
counsel Tor the state and the defendant in con-
graduating yGu upon the approaching termination
q your duties and also wish 70 extend TO you
anu cacn OF YOU me THANKS or the court Tor the
attentive manner in which you have thus far per-
formed your duties as jurors in this case.
You have been selected this responsible posi-
ton and for the performance of this important
duty from very large number of your fellow
citizens after long. painstakiug and most thor
ough examination 10y able counsel The oath which
you lock jurors when sworn TO try this cause
imposed upon You the most solemn duty that de-
wolves upon a citizen that % sitting in judgment
upon you fellow man.
You have been called here at the busiest season
OF the year ana perhaps when many of you could
not Wen afford TO he absent from your respective
VOcati0Us. hut the duties here imposed are necessary
ana eSSrtJla4 under our sytem Of government, and
u any on Tou consider the performance OF this
duty burden or hardship you should feel
fun. recompensed therefore in the fact that your
selection 10 try this cause, from the very large
number Of jvrors examined is a splendid testi-
Tnonial your citizenship and should be accepted
as & guarantee that YOU will give this case that
conscientious consideration which the law imposes
upon you when you take it with you TO your jury
room tor final action thereon"
OMISSION OF CERTAIN EVIDENCE
After the customary instruction as to the gen
eral duties of the jurors Judge Wood instructed
the jurors accordance with his ruling some
days ago after argument by counsel as to the ad-
missibiIity Of the evidence bearing the connec-
ton of Steve" Adams with crimes committed in
Northern idaho This evidence and also that in
troduced by the defence regarding deportatons in
Colorado and the employment Of Pinkerton detec-
tves 5y the mine owners. Judge Wood instructed
the Jury not consider, the ground that no
prior correction Lad been made in either case.
Instructors % the necessity for clear and
conclusive proof beyond any reasonable doubt OF
every material fact were followed by the quoting
Of the Indictment which Haywood, together
with Meyer and Pctubone. was arrested. On ms
subject Judge Wood said:
There are three counts in the Indictment, but
the substance Of each of them IS the unlawful. vii
fu deliberate, premeGitated and folonious killing
Of the said Frank Steunenberg, with malice afore-
thought The essential elements Of the offence
charged IN the indictment consist Of the following
features:
Frs, there must have been killing; second,
that killing must have been unlawful: third. il must
have been wilfui; fourth. it must have been de-
liberated upon: fifth, il must have been prenedi-
ta1ed. sixth. il must have been accompanied by
malice fl the mind Of the person or persons doing
- l-t,IiT, T-nIess these features and each and
every one Of them proved 10 your satisfaction
beyond { reasonable doubt, then the defendant
in any event be convicted OF MURDER IN me
first degree
The language Of the statute given as TO muir
der in the first and second degree and voluntary
and involuntary IuansauGhter
Continuing. Judge Wool said
The court instructs the jury that under the
law no jury should convict citizen OF crime
eirnpIv because there is strong reason 10 believe
that he is guilty but before the jury lawfully
convict They must be convinced OF the Defendants
guilt beyond all reasonable doubt
IF il is possible for you to reconcile the facts
in this case upon any reasonable theory consist
ent with the innocence q the defendant. William
D HAYWOOD il IS your duty 50, and find the
defendant guilty.
II further instruct you. gentlemen Of the jury
that proof has beea admitted Of the commits
sion o other crimes by the defendant and his
sociates ard tending to prove the commission OF
such other crimes by tll - il has only been adj
Knitted for the purpose Of showing the existence
q a conspiracy 10 accomplish certain objects and
that such crimes and tie crime resulting in the
death q Ex-Governor SteuneabeTg eli. were all
incidents Of such conspiracy; out must not for
get that TIE defendant IS being; tried for the
der OF Flank Stcunenberg. an6 fOr that crime
alone. Bat you are privileged take such other
matters into consideration part Of the evidence