Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-07-28

charge that they take their chair
cushions with them into the jury
room. Late in the afternoon the
throng of waiting reporters and Off
cials were thrown into a fever of eX-
citement by one of the bailiffs rush.
ing frantically into the court room.
There was a general rush for the po-
sition and the jury was expected to
report. The bailiff however. made
his way to the jury box and there
took possession of two cushions which
had been left behind several hours be-
fore, and hurried away to the jury
room with them. The incident caused
much amusement.
The court session which began this
morning when the jury was instructed
by Judge. Wood will continue without
interruption until the jury reports a
verdict or until the foreman an
nounces the belief that an agreement
is impossible Judge Wood has not
ventured san opinion as to how long
he would keep the jury locked up In
an effortto secure verdict
The great trial. which began the
9th of May. has been most expensive
to the state and the Western Fedora
ton of Miners, which is conducting
the defense of the accused men, and
both sides are anxious for decisive
outcome
Boise City continues as quiet tonight
as IL has been throughout the trial
Few persons loitered about the court
house grounds, as there seemed to be
a general opinion broadcast that
verdict would not be reached tonight.
h., tn, oil s.f.
day to receive a verdict or com
munication from the juIy.
Haywood, who during the morning
session of court listened to the judges
charge with the same utter lack Of
any tell-Gle expression upon his face
as during. the days of the incriminat-
ing Testimony Of Harry Orchard, went
back to shis cell to await the iury's
decision With a smile playing about his
lips. During the afternoon he sat for
several hours on the shaded court
house lawn. chatting and laughing
with his. wife and daughters. The
news of shis mothers Illness seemed To
disturb kAn far more than the tilt Of
the scales which held his fate in the
balance.
Judge woods charge to the jury
was in keeping with the scrupulous
fairness which has characterized the
trial frorh the first, and the attorneys
for the defense declared that they
were mote than satisfied
The states attorneys, while realiz-
ing that the court, II he leaned at all
had given the benefit of every doubt
full point fOf law TO the defendant, were
also satisfied. In the charge much
stress was laid upon the testimony OF
Harry Orchard and the jury was In
structed 10 scrutiniZe such testimony
closely and take into consideration
any testimony which indicated that
immunity or promise of favOrs had
induced the accomplice to take the
stand against the defendants.
Judge Wood laid emphasis upon eV-
cry assumption by which the defend
ant might be found not guilty and de-
clared that before conviction could
be secured the prosecution must not
only remove every reasonable DOUBT
but the jury must be convinced TO a
moral certainty" that the defendant IL
guilty
The Judges Charge.
one of the most important of Judge
Woods instructions, as viewed from
the defense, was the following
''To deSne u person guilty of con-
spracy tAcommit "A crime, II Is nece5-
sary for LOU to be satisfied from the
evidence. beyond a reasonable doubt,
that the party accused shared In the
criminal purpose; and In this case "
you find that the defendant did 10
overt act In carrying out the consplr-
acy. and did not enter into any un-
lawful agreements, then, even though
you should be satisfied from the evil
dence. beyond a reasonable doubt that
the defendant knew of the conspiracy
on the part Of the defendant would be-
insufficient to warrant you In presum-
ing he was guilty of the crime
charged"
All the outset Of his charge Judge
Wood thanked the jury for the atten-
tive and patient manner In which they
had performed their duties. He In
structed the jury not TO consider any
evidence bearing on the connection o.
Steve Adams with the crimes commit
ted IN northern Idaho. He also eau
toned them TO pay no attention 20 the
evidence introduced by the defense
regarding the deportation of members
OF the Western Federation OF Miners
and their sympathizers from the min
ing districts of Colorado, also the en-
ployment 0f Pinkerton detectives by
the Mine owners association. These
instructions, he said, We're based on
the ground that no proper connection
with the case on trial had been made
In either case.
After quoting and explaining the m
dlctment on which Haywood was ar
rested, Judge Wood said:
"The court instructs the jury that
under the law. no jury should con-
vict a citizen Of any crime simn'v be-
cause there Is strong reason to be-
lleve thai he II guilty, but before the
Jury can lawfully convict. they mus,
BE- convinced OF the defendants guilt
beyond all reasonable doubt. II u u
possible for you TO reconcile the facts
In this case on any reasonable theory
consistent with innocence Of the de-
fendant, II IN your duty to do 80 ani
find the defendant not guilty"
After lnstfuctlng the jury that the
proof Of other grimes than the murder
If Governor Stennenberg had been al
mltted only for the purpose Of show
; Ing conspiracy 10 accomplish certain