The Bon Homme County independent. [volume] (Tabor, S.D.) 1904-1913, 1907-08-01

been freely predicted since Saturday,
when Judge Fremont Wood read his
charge, which was regarded as strong
ly favorable to the defense in it's in
terpretation OF the laws cf conspir-
acy, circumstatial evidence and the
corroboration of an accomplice who
confesses.
Prosecution Not to Stop.
1t was also freely predicted that in
the event OF Haywood's acquittal the
state would abandon the prosecution
of his associates, Charles III. Meyer,
the president of the federation, and
George A. Pettibone. of Denver.
Statements from counsel and from
Governor Gooding, issued today, dis
pei this view of the situation. Gov
ernor ,Gooding said:
The verdict is a great surprise to
nee, and l believe to all citizens of
Idaho who have heard or read the
In evidence In the case.
II have done my duty. have no
regret as to any action I have taken,
and my conscience is clear. AS long
as God gives me strength shall con-
tinue my efforts of government by
law and for organized society.
The state will continue a vigor-
Gus prosecution of Meyer, Pettibone
and Adams and of Simpkins when ap-
pretended. There will be neither hesi-
t. ton nor retreat"
Bail Probable for Petitions.
Application will be made to Judge
Wood to admit Meyer and Pettibone to
bail, and 1t Is said that in the case of
Meyer, against whom the state is ad-
mitted to have its weakest case, a ia
vorable consideration would not be un-
expected.
Not the least interesting of the COM
rnents made upon the verdict was that
Of Harry Orchard, the self-confessed
murderer of Governor Steunenberg and
the witness upon whom the state chief
ly relied to prove it's claim Of a sinis-
ter conspiracy against the Western
Federation of Miners. When told at
the state penitentiary that Haywood
had been acquitted Orchard said:
We'll, have done my duty. have
told the truth. 1 could do no more.
am ready to take any punishment
that may be meted out to me for my
crime, and the sooner II comes the
better"
Jury Out Twenty One Hours.
1t WAS after being out for twenty
one hours that the jury, which at first
had been divided to 4 and then seemed
deadlocked at 10 to 2, finally came to
an agreement shortly after the first
faint streaks Of the coming day showed
gray above the giant hills which wall
Boise to the north and east. The weary,
Bnowbearded old bailiff, who had kept
an all night vigil before the door OF
the jury room, was startled into action
by an imperative knock from within.
Events moved rapidly enough after
this, and when at last the principal
actors In the trial had been gathered
into the court room at a few moments
before s o'clock the white envelope
handed by the foreman to the Judge
was torn open and the verdict read.
1t came as an electric thrill to the
prisoner, to his counsel. to the attor-
neys for the state and to the small
group of heavy-eyed newspaper men
and court officials who had been sum-
moned from beds but lately sought or
from offices where sleepless waiting had
marked the night.
Brings Tears to Haywood's Ewes,
Tears welled to the eyes OF the man
who during the eighty days of his trial
had sat with stolid Indifference writ
ten upon his every feature; at last the
Icy armor he had thrown about him
self with the first day OF jury selection
had been pierced. and whatever Of pent-
up feeling had been contained within
was loosed. Haywood's attorneys were
Ldlriy Hltsu from lnelr seats, ana Judge
Wood made no effort to restrain them
as they surrounded him to shake his
hands and shout aloud their congratu-
lations.
James II. Hawley, leading counsel for
the state and o, N. Van Duyn, the
prosecuting attorney of the county in
which former Governor Steunenberg
was assassinated. sat gloomy and un-
speaking in their places. Senator
Borah, who made the closing plea for
conviction. was not present
or the prisoners counsel those In