The Birmingham age-herald., 1907-07-28
Jury OeIibeIates Long Upon
 Expected Verdict
AGED MOTHER COLLAPSES
Mother of Defendant Gives Way After the Strain of the Trial Is Over and Is Now In Hospital-Judee's
 Charge Considered Fair.

+~++~>%@-*t+%@%+--.--%.%4-+-..% NO VERDICT REACHED. At s o'clock tonight Judge . % Wood decided 10 change the jury quarters and give them accommodations in one of the large rooms on the first floor of the court house. Up to this . time there has been no sign in >- . the jury room that there was I'% any chance of an agreement. E% Judge Wood, at 10 o'clock, l+ went to his home, leaving in . VA structionsl to be called on the @- ' phone in case the jury should . = arrive at a verdict. $-N<%%<~<>%&%4~ 4~ ~.>4~ HFFasja -
 Boise, Idaho. July 27.-In the small but brilliantly lighted jury room on the sec ond floor of the square red brick court- house of Ada county the twelve men who for many weeks past listened to the mass of testimony offered in the case of Wal liam D. Haywood, secretary treasurer of the Western Federation of Miners, were wrestling at a late hour tonight with the problem of verdict. Outside on the street shaded by giant trees silent bail ifs kept vigilance that no tresspassers should come within the hearing of the discusssn which filtered through the open windows. Inside the big court room | group of newspaper men sat and ehatted with Judge Wood and the court officials. The general public was excluded early
 in the day and stairways and passage leading to the Jury room were closely 1 guarded
 It was four minutes past II o'clock this morning when the jury, after receiving l instructions which were decidedly in favor l or the defendant. retired to their delib- erations and so far they have failed .5 ] agree ppon an5 one ot tue five proposl- 1 tions laid down to them by the court. | They were murder in the first degree
 murder in the second degree voluntary | ihanslaughter, involuntary manslaughter and not guilty. When the lunch and din- ner hours arrived the twelve turemeu 1 many or them well along toward terms l or three score years were escorted out 1 Tor meal Less than twenty-five min l utes was occupied with luncheon and but lew minutes more for dinner.
 Hot Jury Room Today has been one of the hottest of | 1 nre of the jury room ma6e it the target l for the blistering afternoon rays Of the l July sun. Once secluded from the normal l atmosphere of the court room, the Jurors | quickly stripped off coats and collars and | prepared 10 make their confinement as comfortable as possible A glimpse into
 this room late today showed the jurors | loungng about in comfortable attitudes and seemingly content with the progress they were making.
 Despite the long time the jury hs hesl | out there still exists hope among those | who have followed the trial that soine | sort of verdict may be reached That | aHalrs have not come to a deadlock was
 indicated during inc afternoon when lh, l Jurors sent out request to Judge Wood | for some of the most important docu- | ments Introduced into the ease as ex- hibits. These had to do directly with tho | alleged conspiracy against former Co., l ernor Steunenberg. for whose murder 1 Haywood has been on trial and in connc.- tion with which Mover and Pettibone a1e yet to face the jury.
 Aged Mother collapses. l An event of the day was the collapse If l Mrs. Etta Caruthers, the aged mother Jf l Haywood Completely broken down and | suffering from nervous proWration she was taken to St. Luke's where 1t is said 1 tonight that while her condition Is not serious, she will require attention for some time. The strain of the long trial has l told more keenly on the mother than any l other member of the prisoners family l She was not in the best of health when she reached Boise from her home in Salt Lake City. and for several days past 1t | has been noticed that she seemed steadily
 to fail Today as the Jury retired, and 1 her son was led away to his cell. Mrs. ca | ruthers reached her arms about his great broad shoulders and tenderly kissed him. | This was the only demonstration in the court room, which was but half filled as | Judge Fremont Wood delivered his eharga | and instructions 10 the jury. Mrs Hay wood the defendants invalid wife hst 1 stood the heat and strain of the trial with | apparently no i'll effects upon her already delicate health
 Judge Wood. evidently anticipating that
 the jury would be long at it's task sug- sested to the twelve men in the box se
 fore him at the end of his charge that
 they take their chair cushions with them
 into the jury room.
 Waiting for Verdict.
 The court session which began this morning, when the jury was instructed by Judge Wood, will continue without interruption until the jury reports verdict or until the foreman announces the belief that an agreement is inn possible
 Judge Wood has not ventured an 
 the jury locked up in an effort to cure a verdict. The great trial wh fen 7 began the ninth Of May has been most 1 expensive to the state and the Western Federation of Miners, which is con ducting the defense and both sides are anxious for decisive outcome.
 Haywood, who during the morning session of court listened to the read ing of the judges charge with the same utter lack of any expression upon his face as during the days of the incrimi- hating testimony of Harry Orchard, went back to his cell to await the iury's verdict with smile playing on 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 his mothers illness seemed to dis turb him far more than the tilt of the scales which held his fate in the bal ance.
 Judge Woods charge to the jury was