The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-29
After Having Considered the
Evidence 81 Hours.
FEW BALLOTS TAKEN.
Eight Voted ''NOt Guilty" on
the First Test.
Surprise in Some Quarters and
Rejoicing in Others.


Sunday morning the jury which had
been sitting in judgment in the trial
of William D. Haywood. charged with
conspiring to murder former Governor
Frank Steunenberg of idaho. returned
a verdict of acQuittal.
1t was after being out for twenty
one hours, that the jury, which at
first had been divided eight to four
and then seemed deadlocked at ten to
two finally came to an agreement
shortly after the faint streaks of the
coming day showed gray above the
giant hills which wall Boise to the
north AMI east. The weary, snow
bearded old bailiff who had kept an ali
night vigil before the door of the jury
room was startled into action by an
imperative knock from within. Events
moved rapidly enough after this ana
when at last the principal actors IN the
trial had been gathered into the court
room at few moments before
o'clock. the white envelope handed by
the foreman to the judge was torn
open and the verdict read.
1t came as an electric thrill to the
prisoner. to his counsel. to the attor-
neys for the state and to the small
and court officials who had been sum
moned from beds but lately sought, or
from offices where sleepless waiting
had marked the night.
Tears welled to the eyes of the man,
who during the eighty days OF his
trial had sat with stolid indifference
written upon his every feature-at last
the icy armor he had thrown about
himself with the first day of jury Sc
lection had been pierced, and whatever
of pent-up feeling had been contained
within was loosed.
CounseI's Congratulations.
Haywood's attorneys were fairly
lifted from their seats. and Judge
Wood made no effort to restrain them
as they surrounded him to shake his
hands and shout aloud their congratu-
lations.
James H. Hawley. leading counsel
| for the state and o. NJ. Van Duyn, the
prosecuting attorney of the county IN
| which former Governor Steunenberg
1 was assa ssina ted sat gloomy ana uh-
speaking in their places.
Senator Borah. who made the clos
| ing plea for conviction. was not pres
ent. OF the prisoners counsel nose IN
| the court room were Clarence Darrow
| of Chicago E. F. Richardson OF Den
yer. and John F. Nugent of Boise. Inc
| absentees from the defendants table
| included Edgar Wilson. the FORMER
| law mariner of Judge Wood, who pre-
sided ct the trial.
No member of the prisoners family,
nor any of his friends among the so
cialist writer's and the so-called labor
Jury who have been attending the
trial. was in the court room at the
early hour the verdict was returned.
/ The spectators DefCLeo NOAC
but in the doorway stood Governor
Frank Gooding, who has taken an ac-
five part in pressing the prosecution OF
Haywood and his associates.
There was no demonstration other
than that made by the attorneys Tor
the defense, and the court proceedings
were over, the prisoner had been dis
charged and the jury dismissed for tne
term in less than three minutes lmD.
In Suspense 21 Hours.
The news of the verdict was receiY-
ed reluctantly in Boise. Extra ed1tions
of the papers carried the t1dings 1ar
and wide, and during the day there was
considerable discussion in clubs, cares,
hotel lobbies and upon the street cor
ners The surprise which had been so
manifest in the court room was pre-
The long time the jury was out, Il
hours, had conveyed the general i'm
nression that there could be no other
outcome than a disagreement The ru-
Toors which spread so rapidly and fire.
ouently through the night, and whiSh
We're as unreliable as such ru1nors al
that a majority of the jurors had voted
for conviction. Some were even SO rad
ical as to say that the only dinerence
of opinion existing in the jury was as
to the degree of guilt.
snread even to members of the defend
ants counsel, and when to this feehng
were added the rumors OF an aoverse
their ears during the night, there could
he found none to doubt the genuine
ness Of their joy as the verdict was
read. o,, -
had made a plea describing the case at
issue as a struggle OF class against
class" who had defiantly told the 5ur-
ors that they were hostile to his CLIENT
and had had their minds poisoned by q
corrupt and capitalistic press, had en-
tered the court room with the mood or
his speech still upon him, but as Hay
wood was freed and the jury was
na ssing out he Wed with other mem
be1s of counsel, and with the prisoner
himself in thanking with many evil
dences of sincerity the IL citizens Of
Idaho who had heard the evidence and
rendered that unalterable opinion.
Mr. Richardson, too, fastened to
make a statement in which he declared
that his client had been given an abb
solutely fair and impartial trial and
that Idaho had reason to be proud OK
herself
FJavwood's first thought was of his
coed mother, who Saturday suffered
complete nervous breakdown after the
iury had retired. Leaving the court
i room, in company with Attorney Mug
emf he walked down to the Jail portion
of the building. shaking hands as he
went with the guards, employees and
friends who had arrived on the scene.
He bade farewell to Meyer who. when
good" and never stopped shaking his
hend and to Pettibone, whom Darrow
described to the jury as a sort OF
sTIappy Hooligan,'" and who called:
sGive my regards to Broadway"
Then Haywood walked to st. Luke'S