Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-07-29
END OF REMARKABLE TRIAL
Eight Jurymen Voted on First Ballot
to Free Accused.
COMMENT ON JUDGES CHARGE
Gov Gooding of Idaho Announces
That Prosecution of Charles E.
Meyer and George A. Petit
bone Will Proceed.

BOISE Idaho, July 29.-Into the bright
sunlight of a beautiful Sabbath morning
VIM. d. Haywood. secretary and treasurer
of the Western Federation OF Miners
walked a free man yesterday. acquitted of
the murder of former Gov. Frank Steunens
berg.
Probability of acquittal was freely pre-
dicted after Judge Fremont Wood read his
charge which was regarded as strongly
favoring the defense In Its Interpretation OF
the laws Of conspiracy, circumstantial evil
dence and the confederation Of a confessed
accomplish.
1t was also freely predicted that, in the
event of HaywoOd's acquittal. the state
would abandon the prosecution Of his as
sociates. Charles f. Meyer. president OF
the federation. and George A Pettibone Of
Denver. Statements from counsel and from
Gov Gooding dispel this view of the situa-
ton Gov Gooding said
1.-The verdict Is great surprise TO me-
and believe to all citizens of Idaho who
have heard or read the evidences in the casa
have done my duty. l have no regret as
to any action l have taken and my con-
scienc. is clear. AS long as God gives me
strength / shall continue my efforts for
government by law and for organized so
ciety.
THE state will continue a vigorous prose-
cution of Meyer and PettIbone. and of
Adams and of Srnpkins when appreha nded
There will be neither hesitation nor re-
treat.
May Release Meyer on Bail.
Apple cation will BE- made to judge Wood
to admit Meyer and Pettibcne to bail and
It was said last night that as to Meyer
against whom the state is admitted to have
its weakest case, a favorable consideration
would not be unexpected.
Not the least interesting of the COM
ments made upon the verdict yesterday was
that of Harry Orchard. the confessed muir
derer of Steunenbarg and the witness on
whom the state chiefly relied to prove its
charge of conspiracy among certain man.
beers of the Western Fedora ton of Min rs
When told at the state penitent!ary that
Haywood had been acquitted Orchard said
We'll, l have done my duty: l have told
the truth: could do no more: 1 am r,ady
to take any punishment that may be m :, d
out to me for my crime, and the soon 7 1t
comes the better"
hours that the jury. which first had b zen
divid I'd, eight to four for acqu;ttal and then
seemed deadlocked at ten to two. 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. snow bearded bailiff. who had
kept an all-night vigil before the door OF
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 courtroom at few
minutes before O'clock the white envelope
handed by the foreman to the judge was
torn open and the verdict read.
Haywood Shows Emotion.
1t came as an electric thrill to the pris-
oner. to his counsel to the attorneys for
| nd tp ha of
| paper reporters and court officers who had
| been summoned from beds but lately sought
| or from offices where sleepless waiting mad
| marked the night.
Tears welled to the eyes of the man
who during eighty days of his trial had sa,
| with stolid Indifference written on his every
| feature IA last the icy armor that he had
| thrown about himself with the first day OF
| Jury selection had been pierced
| Haywood's attorneys were fairly lifted
| from their seats and Judge Wood made nc
| effort to restrain them as they surrounded
him to shake his nands ana shout alouC
their congratulations.
| James Hawley, leading counsel for the
| state, and o. n. Van Duyn. the prosecut
| ing attorney of the county in which former
gloomy and silent. Senator Borah, wht
made the closing plea for conviction, was
| not present.
| OF the prisoners counsel those in ths
| courtroom were Clarence barrow of Cht
| cago, <. F. Richardson of Denver and SohI
/ +. Nugent of Boise.
The absenteeS from the defendants taol4
included Edgar Wilson the former law part
ner of Judge Wood. who presided at tn
trial
Haywood's Family Absent
No member of tie prisonesr' family o.
any Of his friends among the socialist writ
ers and the labor party was in the court
room when the verdict was returned. Th
spectators benches were empty. but In tn,
doorway stood Gov. Frank Gooding VIII.
has taken active part in pressing the prose
cctfon of Haywood and his associates. Their
was no demonstration other than that mad,
by the attorneys for the defense
/ The court proceedinGs were ovee. q