The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-30
MOYER TO GET OUT ON BAIL
PETTIBONE'S TRItL WILL BEGIN
AT BOISE on OCTOBER 4.
Federation viii Put Up s7s.OoO cash FOR
IT'S Presideut Jurors stin Busy shift
Ing Responsibility for Haywood Ver-
diet 60 Judge WOODS shoulders.

BOISE, July 2g.-President meyer OF the
Western Federation OF Miners was this
morning admitted by Judge Fremont Wood,
who presided at the Haywood trial. TO bail
in the sum Of s2S, 900.
This disposal of Meyers case was not OBJ
jected 10 by the State and in fact was all
arranged between counsel and the Court
before court met this afternoon. At the
same time the trial OF George A. Pettibone
was set for October I.
There was a brief session OF court in the
morning. but AT that time the attorneys in
the case had not reached an agreement, and
an adjournment was ordered until 2 O'Clock.
At that time the little court room was again
filled with many Of the figures that have ap-
peared there daily for the last three months.
barrow. Richardson, Nugent. Breen and
Wilson were az the defenoe's counsel table
and Senator Borah and County Attorney
Owen Van Duyn on the other side. Before
| the order for bail had been entered Meyer
and Pettibone were sent for. II was Petit
homes first appearance in the court room.
Meyer had been there before az a witness.
As soon as the defendants arrived barrow
arose and said that ii was his understanding
that the State would not resist the applica-
ton for bail for Meyer. Borah nodded his
assent and on being asked by the Court II
he had any suggestions as to the amount
said that he thought s25. 900 would be about
right. barrow thought 30 too, and Judge
Wood entered an order that Meyer would
be admitted TO bail in that sum. barrow
then announced that arrangements to sup
| ply the bond had not been completed but
would be within a very few hours.
On being asked by the Court when the
State would he ready to proceed with Petit
bones trial Senator Borah said he thought
everything would be ready by October I,
and il was so ordered. The entire proceed
ings occupied not more than ten minutes.
Public feeling in Boise with reference
to the verdict still runs high, and 1t Is upon
Judge Woods shoulders that the RESPONSE
bility Is still placed. All day to-day tho
Jurors have been trotting around among
their friends and acquaintances putting
il up TO the Court. The impression that
most Of the jury thought Haywood guilty
but tina the State had not proved 1t under
the Courts instructions keeps on growing.
Juror Powell, the oldest man on the jury.
who was next to the last TO Join the majority
in voting for aoquittal, had this TO say
about II:
The jurors all thought Haywood guilty.
but some Of them said the State, under
the instructions, had not made out a case
against the prisoner. We argued all night.
except for an hour at midnight, when we
ate lunch and rested for a while.
we took Just ten ballots. When l saw
there was no show for a conviction. the
trial having cost si25 900. I did not feel
that it would be right to hang the jury
when a majority was for acquittal.
GILMAN, myself. Burns and Cess we're
for conviction. Cess weakened at mid
night and went over TO the other side,
Burns followed soon after. That left Gil
man and me to argue against ten men. 1t
was hard work in the face OF the instructions
and the cutting out OF SO much testimony"
When asked il the eight men who were
for acquittal believed Orchards testimony
Mr.. Powell said:
They only believed what suited them
| and what did not suit they would not be-
lieve."
Juror Samuel p. Gilman, who was the last
man Of all TO vote for soquittal n who
hung out until half past 9 o'clock Sunday
morning. was still vastly disturbed about
the verdict to-day.
Il never did anything in my life that 30
outraged my sense Of Justice" he said. -as
when | cast that ballot Of aoquittal. But
what was the ussf II Powell had stood by
me I would have stayed out all summer be-
fore | would nave voted to acquit. But one
man could not hang that jury. II was plain
to me that il Judge Woods instructions
were good law it would he impossible ever
to convict Haywood on the evidence in Ada
| county. knew that the trial had been a
heavy expense TO the county and the State,
and | could not zee my way clear TO make a
second trial necessary all by myself. When
Powell went over to the majority I thought
it all over, and then | decided to go with the
! rest. But at the time I did il 1 told the rest
OF the boys that I thought Haywood was
guilty and that l believed the evidence
justified us in a conviction, but | was only
one man.
st was the instructions that decided
| Powell to 20 with the rest. He got them
out and read them all over to himself alone
early Saturday morning and at last he said
that though he believed firmly hat Hay
wood was guilty he couldn't convict him
uUueT Lne iUbtTuCtiOhn' Ahot tctb Nv aioio
and | quit. ! could not do anything else "
Steve Adams. now in Jail here, 10 among
the most delighted at the verdict. but he
has little real cause for Joy. He is scheduled
to he taken to Shoshone county and tried
a second time for the murder Of Tyler. the
claim jumper, whom he is accused Of help
ing Jack Simpkins to kill. IL he should
be acquitted on this charge IL 10 a moral
certainty that he will be taken to Colorado
and tried for the murder OF Arthur Collins.
manager of the Smuggler Union mine at
Telluride.
Haywood spent the day with his family
| receiving calls from his sympathizers and
friends. He gets a hatfuf Of kilograms OF
congrstulation about every hour from
labor people and Socialists all over the
country. He expects 10 go to Denver
with Mover within a few days
Counsel for Meyer announced late to-day
that S25, 900 in cash has been deposited in
Butte by the federation and that IL would
be transferred tomorrow TO a Boise bank,
which would then furnish a bond for Meyer.
The federatioh's president will therefore
spend one more night in Jail.