New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-07-28
SCALES SET AT BOISE.
H4YWOOD IN BALANCE.
Court IN Long Session A7caiting
Jury's Terdict.


lighted jury room the second floor Of the
square red brick courthouse of Ada County. the
twelve men who for many weeks have listened
To- the mass of testimony offered against and for
William D. Haywood secretary and treasurer
of the Western Federation of Miners. on the
charge that he conspired To murder former Gov
eraor Frank SteunenberE, who was assasstnated
with a bomb at Caldwell on December -. i'FA''
were wrestling at a late hour tonight with the
problem of a verdict.
Outside on the street lawn. shaded by giant
trees baiIiffs kept vigilance. that no tresPasseFs
might come within hearing of the discussion
which filtered through the open windows m
side the courtroom group of newspaper re-
Uorters chatted with Judge Wood and the court
officers. The general public was excluded carry
in the day, and stairways and PASSAGES Isa"'iis
10 the jury room were Clcsely guarded
1t was 1134 O'Clock this morning when me
Jury after receiving instructions. which were
said by many TO favor the defendant, retired 70
deliberate Thus far the jurors have failed 10
gree on any one of the FIVE Verdicts idld COW"
5 possible by the court--nanely. murder III '','
first degree murder in the second degree Noi-
untray manslaughter. Involuntary hdhSldusn'SA
and not guilty.
When the luncheon and the dinner hours ar
rived, the Jurors were escorted To the houSs
where they have made their home since the oe-
ginning Of the trial. and there the meals were
served Less than twenty-five minutes uIn'
was occupied with luncheon, and only twenty
minutes for dinner. the jurors being apparently
anxious return TO their duties with all pos
sibie speed. When the jury was taken 70 olnner'
at g. go o'clock nearly every man was IN MS
shirt sleeves. and some Of them seemed on the
verge of exhaustion Mr.. Robertson who IS
seventy-three years old. assisted downstairs.
Mr.. Messecar taking his arm
JURORS TARGETS FOR THE SUN.
r. was one Of the hottest days Of the summer
to-day and the southwestern exposure Of the
jury room a target for the blistering after
noon rays Of the sun. once secluded from the
formal atmosphere of the courtroom. the jurors
quickly stripped of coats and collars and pre-
pared 10 make their confinement comfortable
as possible. glimpse into the room late to-
day showed the jurors lounging about IN COM
Portable attitudes and seemingly content with the
| progress they We're making.
Despite the long time the Jury has been out,
| there still exists hope among those who have
followed the trial that verdict will be reached.
/ That affairs have not come to a deadlock was
! indicated during the afternoon when the Jurors
| sent out a request 20 Judge Wood for some OF
| the documents introduced into the case as ex-
| hibits These documents had 10 DO directly with
| the alleged conspiracy against former Governoy
| Steunenberg. in connection with whose murder
| Charles II. Meyer and George A Pettibons 3,
| Yet to face jury
| The first exhibit asked for was the telegram
| which Fred" Miller. OF Spokane. sent to Harry
Orchard the DAY following his arrest az Cald-
1
| Miller The second exhibit asked for the
cipher telegram which Simpkins sent TO Hay
| wood two days later saying that he could noe
get a lawyer to defend Orchard. The third was
the copy OF the letter Orchard said he received
| from PettibOue in the Caldwell jail. telling him
| that that To Jack the 21st." The
last exhibits called for the six drafts
! which Haywood sent from Denver 70 Sfmpkins,
| one being for 800 and bearing the date OF De-
| Cember 81, 1905.
A nat HR+ ~ OFT tha 1ay- rba coll
| lapse OF Mrs. Eta Carruthers. the aged mother
| of Haywood. Completely broken down and suf
| fering from nervous proStratiOn she was taken
/ to st. Luke's Hospital where II was said to-
| night that while her condition is not serious.
| she Will require attention for time The
| strain of the long trial has told more keenIy
| the mother than any other member OF the
| prisoners family. To-day, as the jury retired
| and as her was led away To his cell Mrs
| Carruthers clasped her arms about her sons
/ broad shoulders and tenderly kissed him This
| was the only demonstration in the courtroom.
| which was only half filled Judge Wood de
I Hyered his charge 70 the jury. Mrs. Haywood.
| the defendants invalid wife. has stood the heat
! and strain of the trial with apparenb1y no i'll
| effects her delicate health.
JURY EXPECTED To BE LONG OUT.
! Judge Wood evidently anticipated that the
jury would be long at It's task and suggested
| TO the jurors at the end of his charge that they
| take their chair cushions with them into the
| jury room. Late in the afternoon the throns
| of newspaper reporters and court officers we~s
| thrown into a fever of excitement when a bailir
| rushed into the courtroom There was a general
| rush for position. and the jury was expected to
report. The bailif rushed to the jury box
| grab bbed cushions which had been left be-
| hind several hours before ana hurried away 10
| the jury with them. Reporters and court
| officers regarded the incident as a joke
! The court session which began this morning
when ;he jury instructed by Judge Wood
will continue without interruption until the jury
reports verdict a disagreement.
| Haywood. who during the morning session OF
| court listened to the reading of the Judges
| charge with the same utter lack of expression
| on his face as during the days Of the testimony
Of Harry Orchard. went back TO his cell to await
| the jury's verdict with a smile playing on his
| lips During the afternoon he sat for several
| hours on the shaded courthouse lawn. chatting
| and laughing with his wife and daughters. His
| mothers Illness seemed To disturb him far moro
than the tilt of the scales which held his fate IN
| the balance
| Judge Woods charge 10 the jury in keep
ing with the scrupulous desire for fairness which
/ characterized the trial from the first, and the
attorneys for the defence declared that they wefo
| more than satisfied The states attorneys.
| while feeling that the court. if il leaned at all.
had given the benefit OF every doubtful point
| of law TO the defendant, were also satisfied.
! After they returned from dinner the Jurors
sat about the jury room with their backs against
| the wall and seemed 10 be in "a rather sullen
mood Occasionally one or two of them would
| walk To a window and stand gazing out without
| talking At = o'clock tonight Judge Wood de-
cided to change the tury's quarters u one %
| the large rooms the first floor OF the court
! house There has been sign from the jury
room that there is any chance ot an agreeinene
soon.
Judee Wood went To his home at ln O'Clock.
leaving instructions To be called on the tele-
! phone in case the jury should arrive NJ a YER