Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-07-28
Mother Collapsed From the Heat and
Strain.
JUDGE WOOD WENT HOME TO BED
Most of the Jurors Thoroughly Ex-
hausted, but Took Little Time
for Meals-Town Quiet.

| D. Haywood. secretary and treasurer of the
Western Federation of Miners, on the
| charge that he consplred to murder former
| Gov. Frank Steunenberg, who was assasi-
| mated with bomb at Caldwell on December
| 30, 1889 were wrestling at a late hour to-
night with the problem of verdict.
Outside on the street lawn. shaded by giant
trees, bailiffs kept vigilance that no tres
| passers might come within hearing of ,ne
discussion, which filtered through the open
windows. Inside the big courtroom a group
of newspaper reporters chatted with Judge
Wood and the court officers. The general
public was excluded early In the day and
stairways and passages leading to the jury
room were closely guarded.
1t was four minutes past II O'Clock this
morning when the jury. after receiving in
structions. which were said by many to IA
vor the defendant. retired to deliberate.
Thus far the Jurors have failed to agree
on any of tie five verdicts laid down
as possible by the court-namely, murder in
the first degree. murder in the second de-
laughter and not guilty
Was a Searching Day.
When the luncheon and the dinner hours
arrived, the jurors. many of them well
: along toward their allotted terms of three
score years and ten. were escorted to the
+! house where they have made their home
since the beginning of the trial. and there
the meals Were served. Less than twenty
five minutes tirIe was occupied with lunch
con and little more time was taken for din
ner. the jurors being apparently anxious to
return ts their duties with all possible
speed.
1t was $50 O'Clock when the jury was
taken to dinner. Nearly every man was in
; his shirt sleeves. and some of them sc emed
on tn. verge Of exhaustion. Juror Robert
son. who is sGv=nty-three years old, was
, assisted Gown stairs. Juror NJ -sseca. TAX
ing his
After they returned from dinner the
jurors sat about thu juryroom with LII air
backs against the wan and teniad to b. in
a rather siiilen mooti. ]; Occasionally onaN or
two of them would walk to a window and
stand gazing out without talking. AT 8
O'Clock tonight Judge Wood d-cided to
change the Jury's quarters to one of thu
large rooms. on the first floor of the cou t.
house. There has been no sign from the
juryroom that there is any chanca of an
agreement soon.
Today was one of the hottest of the sum-
mer and the southwestern exposure of the
juryroom was a target for the blistering
afternoon rays of the sun. Once secluded
! from the formal atmosphere of the court
room the jurors quickly stripped off coats
and collars and prepared to make their
confinement comfortable posslb e. A
glimpse into the room late today showed
the jurors loungrg about in comfortable
attitudes and seemingly content with the
progress they were making.
Despite the long time the jury has been
out there still exists hope among those who
have followed the trial that verdict will
be reached. That affairs have not come to
deadlock was indicated during the after
noon when the jurors sent out "a request to
Judge Wood for some of the documents
introduced into the case as exhibits. These
documents had to do directly with the al
legged conspiracy against former Gov.
Steunenberg in connection with whose muir
Ger Charles H. Meyer and George A Petit
bone are yet to face a jury.
Exhibits Demanded.
The first exhibit asked for was the tele-
gram which Attorney Fred Miller of Spo-
kane sent to Harry Orchard the day fol-
lowing his arrest at Caldwell.
Jack Simpkins is said to have engaged
Miller. The second exhibit asked for was
the cipher telegram which Simpk.ns seat
to Haywood two days later, saying that he
could not get IA lawyer to defend Orchard
The third was the copy of the letter Orch
ard said he received from Petitions in the
Caldwell Jail, telling him that That was
sent to Jack the 2:st. Lastly, the jury
called for the six drafts which Haywood
sent from Denver to Simpkins, one being
for 500 and bearing the date of December
81, 1850
Haywood's Mother Fails.
A tragic event of the day was the col
lapse of MS. Eta CarrUthers. the aged
mother of Haywood. Completely broken
md S,,ffa -in
ton, she was taken to ST. Lukes, where it
was said tonight that while her condition is
not serious she will require attention for
some time.
The strain of the long trial has told more
keenly on the mother than any other
member of the prisoners family. Today.
as the jury retired and as her son was led
away to his cell. Mrs. Carruthers clasped
her arms about her sons broad shoulders
and teEieriy kissed him. This was the only
demonstration in the courtroom, which was
only half fl led as Judge Fremont Wood
| delivered his charge to the jury. Mrs. Hay
wood the defendants Invalid wife, mas
stood the heat and strain of the trial with
| apparently no iil-effects on her delicate
health.
Judge Wood evidently anticipated that the
! Jury would be long at its task, and sug-
gested to the jurors at the end of his charge
| that they take their chair cushions with
| them into the juryroom-
| Late in the afternoon the throng Of news
| paper reporters and court officers were
| thrown into a fever of excitement when a
| bailiff rushed into the courtroom. There
! was general rush for position, and the
! Jury was expected to report. The bailif
| rushed to the jury box, grabbed two cusil-
| ions which had been left behind several
| hours before and hurried away to the jury
room with them. Reporters and court Off
| GERS regarded the incident as a joke.
Haywood Wore a Smile
| The court session began this morning
| when the jury was instructed by Judge
| Wood, and will continue without Interrupt
ton until the jury reports a verdict or a
| disagreement Judge Wood has not ven
| tured an opinion to how long he would
: keep the jury locked up in an effort to
| procure verdict. The trial, which began
| May 8, has been expensive to the state
| and to the Western Federation of Miners,
| which is conducting the defense, and both
sides are anxious for verdict.
| Boise continues quiet tonight as it
has been throughout the trial Few per-
| sons loitered about the courthouse
| grounds as there seemed to be general
| opinion broadcast that verdict would not
] b reached tonight. Court will be in ses-