The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-28
HAYWOOD'S FATE WITH JURY.
JUDGES CHARGE GIVES Defence
HOPE FOR ACQUITTAL.
All Agree That Trial Has Been EmincntIy
Fair and Mrs. Haywood hanks Prose
cutOr for spartns Her Pain No Hint
Vet as to How the Jury stands.

BOISE. July 27.-W. D. Haywood's jury.
which at II O'Clock this morning took over
his case for final decision. was late tonight
still locked up in the jury room.
The only rumor that escaped from this
room all day was that SarnuelT. Russell had
been elected foreman. and even this report
lacked confirmation.
The utmost pains we're taken by the court
officers to prevent any news of the juryIs
deliberations from becoming public.
Guards were stationed 10 keep any one
from getting up to the floor on which tho
jury room is located and no one was allowed
to approach that side Of the building on the
outside.
Occasionally one Of the jurors could bs
seen from the street standing or sitting
at one Of the two little windows that open
dark Levi Smith took up the position at
one of the windows. Hes was in his shirt
sleeves and was pulling at his pipe and
gazing out 10 the southwark toward Denver.
the home Of the Western Federation OF
Miners
He had the air OF n man whose mind
was made ny and was content 10 let the
others do the fighting.
The jury room is a box Of a place, and 40
the thermometer stood all day in the Dos
the jurors must have suffered tortures.
especially as many of them are well along
in years.
The jury went to dinner at $50 and re-
turned ~three-quarters OF an hour later.
Juror Robertson. one CT the two Scotch
men or the jury. seemed to be very feeble.
and another juror had to help him up and
down stairs.
Two hours later judge Wood ordered the
jury moved 10 a larger room downstairs,
where he thought they would he mora
comfortable.
There is absolutely nothing on which 10
base any forecast of the verdict except
that on general principles as the hours OF
deliberation Increase the chances of a dis
agreement are increased.
Judge Wood read his charge to the Jury
when court convened at 10 o'clock and as
soon as he had finished IL the jurors
tramped across the hall to the jury room
and we're locked in.
The lawyers for the defence followed the
reading Of the charge with the closest
interest. As il proceeded their faces bright
n at its conclusion they were obvi-
ously little less than jubilant.
After court had declared a recess Until
2 O'Clock both Richardson and Darrow
told the reporters that they had no COM
plant 10 make and that they considered
Judge Woods charge one Of the fairess
had ever heard. 1t was clear that this
was an understatement Of their real feel
ings.
Throughout the ranks Of the federation
sympathizers here a feeling of hope pre-
walls that did not exist before the jury was
charged. When Senator Borah closed his
last night Haywood's lawyers
were pretty blue. but they felt much better
to-day after Judge Wood got through.
That part of the charge which is supposed
to be particularly favorable to the defence
liz that relating to the credit to be given to
the testimony of an accomplice and the
consideration to be given to the treatment
he has received at the hands Of the State.
The testimony relating to a possible promise |
VI immunity Wdr dSO tOftihiCiltru Oh DJ tiiC !
Judge. much TO the joy Of the defence.
As the day passed away and no word
came from the jury room the hopes Of the
defence increased. They argue that this
a disagreement. which In the most
they nave hoped for.
IL took Judge Wood almost forty-fvs
to read his Instructions He was
once by Juror Sam Russell,
VINO has those joy bringing whiskers.
Russell wanted the Court to repeat the
Of the passage dealing with the duty
Of the jurors when witnesses contradicted
zach other. This done. the reading went
on to its close.
Judge Woods cha x began with the GUS
iomary instructions regarding the presump-
ion Of innocence. the jury's duty to give
he defendant the benefit Of any reasonable
ioubt n to accept the law from the Court
remaining the sole judges of fact.
L also reminded the jurors that statements
If counsel we're not TO be considered as evil
Judge Wood then repeated for the
benefit his decision TO strike out all
he States evidence about what Pettibone
'aid to Orchard with reference TO Steve
trip to northern Idaho to help
Jack Simpkins expel some claim jumper
Ind also the defenoe's evidence regarding
of union miners in Colorado, to-
yethcr with evidence bearing on the so-called
conspiracy Of Pinkerton detectives.
The Court added a point that bears on
failure Of the defence to make Petit
zone and Adams testify. saying: IF 10
.ppears that either party has failed to
any material evidence which was
within the knowledge or control Of such
,arty and which would meet, explain or
ebut material evidence which has been
Introduced against him. the failure TO pro-
luce evidence may be considered by the
ury in determining the guilt or innocence
( the defendant" After defining the
degrees of murder and man
the Court proceeded:
III it is possible for you TO reconcile
he facts in this case upon any reasonable
heory consistent with the innocence OF
he defendant. william D.. Haywood, it is
our duty to do so and find the defendant
ot guilty"
The Court went on to explain the Idabo
tatute under which an accessor, is ac-
used as u principal: The jury is in
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