Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-07-28
COURTS CHARGE is LENGTHY
Judge Wood Tells Jurors to Weigh
the Evidence Carefully.
LEANS SLIGHTLY TO DEFENDANT
Evidence CorrObOrRtinE Orchards
Testimony Must he Sufficient
to ImpIicRte Haywood in
Alleged Conspiracy.
BULLETIN.

eNlauHtlOls juror tsblltIANNlis NJ q "hS
is 70 years of age, had to be assisted down
stairs, Juror Messccar, No. Z, taking his
arm. The jury only took twenty minutes
for lunch
Shortly after I o'clock this afternoon the
Haywood jury sent a written request to
Judge Wood for some Of the exhibits In
the case and they were Immediately sent
into the iuryroom. The discussion of the
case is going on quietly, glimpse Of the
room showing the jurors lounging about in
comfortable attitudes.
The exhibits furnished the jury included
the telegram sent by Attorney Fred Miller
of Spokane to Orchard at Caldwell, the
telegram sent by Jack Simpkns to Hay
wood saying he could not get lawyer to
defend Orchard, the Petubone letter to
Orchard at Caldwell and the six drafts
sent by Haywood to Slmpkins in Decem-
Der. 1906 All of these exhibits bear d.
rectly on the Steunenberg murder and are
a part of the evidence of the conspiracy
alleged by the state
BOISE. July 27-The jury in the case Of
William u. Haywood, secretary-treasurer OF
the Western Federation of Miners, charged
with the murder Of Former Governor
Frank Steunenberg retired to consider its
verdict at I:Ol a. IN. today and Judge
Wood Immediately ordered recess at 1l:A
a. m. until p. M The reading
of the judges charges and instruc-
ton required lust an hour and at the end
of that time the twelve jurymen filed from
the room in custody of the Sheriff Hodgins
and six baiiffs.
HAYWOOD listened with characteristic
stoiclsm to Judge Woods lengthy charge
and when the jury retired he went back
to his cell with a confident smile about his
lips AS he was about to leave his gray
haired mother rushed up and kissed him.
No one ventured opinion as the jury
retired as to the length of time that would
be required in arriving at n verdict.
The jury remained at luncheon less than
twenty-five minutes, returning to their de-
liberations at the court house at l2iO p. m.
At 1918 Judge Wood gave instructions TO
have the jury taken out to luncheon Az
that time they had been celebrating Tor
an hour and fourteen minutes, and as they
left the jury room several of the twelve
men were engaged in animated but ap-
parentIy good natured discussion. As
matter of fact. the discussion began al
most before the jury room doors were
closed after the jurymen first retired. The
only discussion heard about the court room
following Judge w OOu NIldIBt was ~
the effect that the defendant had received
strongly the benefit of every doubt in the
judges mind as to the law applicable to the
case
Choice of Five Verdicts.
Judge Fremont Wood gave to the jury
the choice of five verdicts. follows:
Murder in the first degree; murder in the
second degEee; voluntary manslaughter;
involuntary manslaughter and not guilty.
The charge contained sixty-six instruc-
tions Judge Wood dwelt at length upon
the laws OF conspiracy and the value or
the evidence given by an accomplice.
The law views such eviderce with dis
trust" he declared, land 1t should be re-
Ceived by the jury with caution and scru-
tinized with great care. And II from the evil
dence II appears that any favors have been
extended by the authorities to orchard and
there is any promise relating to further
favors on account of his testimony they
are proper matters for the jury to take
into consideration"
Judge Woods charge was lengthy, con-
tanning more than 1900 words and COW
ering the case from almost every view
point It was regarded by both sides as
eminently fair II anything, it was the
consensus Of opinion that the court leaned
to the defense In regard 10 the corrob-
grafton of Orchard. Judge Wood said that
the Jury should test the value OF such evil
dence ~ eliminating his testimony with
view to ascertaining II there is any inde-
pendent testimony tending to connect the
defendant with the offense. This cor
roborating evidence" the court contin-
ued. need not be sufficient OF itself to es-
tablish the guilt OF the defendant, but IL
must tend in some degree TO implicate and
connect the defendant with the commission
OF the crime charged
Leans Toward Defense.
Further along in his charge Judge Wood
said
IF it is possible for you TO reconcile the
facts In this case upon any reasonable
theory consistent with the innocence Of the
( defendant. william D. Haywood, it is your
duty to do so and find the defendant not
guilty.
The jury is instructed that the flight Of
Jack simpkins. IL you find such flight to
have taken place. standing alone would not
Of itself be any evidence Of the guilt Of
( the defendant. But II you find that Simp-
! kins did, after the arrest OF Orchard. fee or
become fugitive from justice, then that
fact may be taken into consideration, to-
gether with all the other facts of the case,
. in determining whether or not Simpkins
was a member OF the conspiracy, which
/ the state has sought to prove and Of which
/ conspiracy It is claimed by the state that
/ the defendant was a member"
The court room was but half filled when
. the jury fled in shortly before 10 o'clock.
Haywood came In smiling and bowed a
/ salutation 20 his wife, his mother, his two
, daughters and sister, the entire family
/ being present.
| As Judge Wood took the bench the
/ twelve jurvmen, who sat directly I'm front
/ Of him. wheeled In their chairs, turned their
/ backs upon the defendant aud his attor-
neys and listened attentively to he lengthy
| charge.
Judge Woods Charge 40 Jury.
! Judge Woods charge and Instructions
| delivered 70 the Jury In the Haywood casa