Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-07-28
Two Varieties of Murder, Two
Of ManSIaughter and Not
Guilty, Feature in Charge toI
Jury.
JUDGES PRESENTATION
OF CASE EMINENTLY FAIR
Long Drawn Out Struggle Ex-
peCted Before Decision is
Reached in Celebrated Legal
Battle at Boise, .

IBy Morning Journal Special Leased Wire ]
Boise Idaho, July 27-In the small,
brilliantly lighter jury room on the
second floor of the square, red brick
courthouse of Ada county, the twelve
men who for many weeks past have
listened to the mass of testimony Of
lam d. Haywood, secretary-treasureT
of the Western Federation of Miners
We're wrestling at late hour tonight
with the problem of verdict out
side on the green lawn shaded by
giant trees, silent bailiffs kept vigil
to see that no trespassers should come
within hearing of the discussion
which filtered through the open win
dOws. Inside the big court room a
group of newspaper men sat and
chatted with Judge Wood and the
court officials. The public was ex-
cluded early in the day and stairways
and passages leading to the Jury
room were closely guarded.
1t was four minutes past L o'clock
this orning when the jury, after re-
ceiving instructions which We're de-
cidedly in favor saf thNSlefendant, re.
tired othelr deliberations, and so far
they have failed to agvee upon any
one of the five propositions laid down
to them by court.
These were urder in the first de-
gree, murder in the second degree.
voluntary manslaughter, involuntary
manslaughter, and not guilty. When
the luncheon and dinner hours ar
rived the twelve iurymen. many of
them we'll along toward their allotted
terms of three score years and ten,
were escorted to the house where they
have made their home since the be-
ginning of the trial and there the
meals were served Less than twen-
ty-five minutes was taken up with
luncheon. and but few minutes more
for dinner. the jurors being apparent
ly anxious to return to their duties
with all possible speed
After they had returned from din
ner they sat down about the jury room
with their backs against the wall and
seemed To be In a rather sullen mood
Occasionally one or two of them
would walk to a window and stand
bN.s+''a6 NAN 'hNh'hA AhAlhAiia " fdN
other.
John II. Murphy; Of Denver. the
general counsel for the Western Fed
Grafton of Miners Is very III tonight
In st. AlphOnse hospital and Il Is re-
ported that his life Is all but despaired
Of. He is suffering from tuberculosis
and has been too III TO attend the trial
for "a fortnight. Mr.. Murphy has been
counsel for the federation for seven or
eight wears. He has acted I'm the Hay
wood case only In an advisory capa-
city.
At 8 o'clock tonight Judge Wood
decided to change the jury quarters
and to give them the accommodation
of one of the larger rooms of the
court house. Up to this time there had
been no sign from the jury room that
there was any chance of an agree
ment.
Unofficial Jurors Settle IL.
The unofficial jurors appointed by
the socialists to attend the Haywood
trial tonight issued the following state
ment:
I'VE. the independent labor jurors
having attended the trial of VILLA >
ID. Haywood for the murder Of ex-
Governor Steuenberg and haHlng duly
considered the evidence presented by
the state and the defense, affirm that
the persecution Of the working class
of America In this instance has failed
despite the strenuous attempts of cap
ltalism. and In the name of the United
Workers of the land we hereby de-
clare our verdict TO be not guilty.
Judge Wood at 10 o'clock went Ia
his home. leaving Instructions to be
called on the telephone In case the
jury should arrive at verdict.
fHnHnaH hUu haan al ghn hnfNagf
OF the summer. and the southwestern
exposure OF the jury roo has made II
the target for the bistering rays OF
the July sun. Once secluded from the
formal atmosphere Of the court room
the jurors quickly stripped off coats
and collars and prepared 10 make
their confinement more comfortable
A glimpse into the room late today
showed tile Jurors loungng about In
comfortable attitudes, and seemingly
content with the progress they were
making. Despite the long time the
I Jury has been out tonight. there still
exists n hope among those who have
followed the trial that some sort Of q
verdict may be reached. That affair
have not come TO a deadlock was In.
dlcated during the afternoon wher
the jurors sent out a request to Judg,
Wood for some OF the most impor.
tant documents introduced into the
case rs exhibits, These had 10 dc
directly with the alleged eonsplrac,
against former Governor Franz
Steunenberg. for whose murder Hay
wood has been on trial and IN con
necti0n with which Charles MOye
and George H. Pettibone are yet 4
face a jury. The exhibits asked fo
were the telegram which was sent q
ft2rrv orchard the dat following hi
I'm q Caldwell nv Attorney Miller
phllnoraS- 1E.I5 Ahave engages