Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-07-29

all doubt as to the course he should
take.
Juror Charles Robertson. the good
Eaturtd Scotchman at whose house
mere In Boise Governor Steunenberg
boarded for more than two years, said
i couldn't reconcile myself to voting
any other way than with the defense
| from the very first and / think that
under the law and the evidence there
was nothing else for Us TO do. The
last fellow who held out against ac-
! quittal belongs to the fraternal organ
/ ization that | do. There was some
| talk of compromise on the second
| degree verdict, but | couldn't stand foe
that-it either had to be acquittal OF
| would have stayed there forever.
Juror Samuel F. Russell the senior
member of the panel, said. There
was nothing against Haywood but
suspicion and inference and when we
came to dovetail the evidence i'm tho
Jury room it didn't seem somehow -
| fit"
Samuel d. Gilman. juror No. 3, said
81 cannot point out any particular
instruction that seemed to decide the
boys on verdict of not guilty. | do
not think there was any particular in
struction they debated over. | believe
II was the instructions generally.
They couldn't seem to make head nor
tail to them but were convinced that
the general tone indicated that the de-
fendant should be freed. Some of
them seemed to think that the instruc-
tions were very strong regarding cor
roborative testimony and some said
they could not be clear as to the reas-
enable doubt"
Orchards Testimony DisbclicVcd.
There are many in Boise who in
cline 20 the opinion that control-
ing influence with the jury was their
aa..l. N...n %.
woods counsel in all of their argu-
ments heaped abuse upon Orchard and
told of the general contempt in which
all classes held such a man as he.
The attorneys played on the proba
bility that Orchard had been promised
immunity by some one connected with
the prosecution and called attention to
the fact that he had been treated
with the greatest Of consideration by
the penitentiary authorities since his
confession was made to "A Pinkerton
detective. Judge Wood I'm his charge
ordered the jury to view Orchards
testimony with great caution and as a
test of the corroborative evidence sug~
gested that the story told by Orchard
be laid aside and the remainder OIL
the evidence viewed in that lieht Itl
was necessary he added, that the cor
roborative evidence should prove everyl
point.
Ait AfAA udNH VI JURY TflfAllbi a VEN
Of prejudice against orchard was un
covered unexpectedly when the trial
panel was more than half completed.
one Of the proposed iurymen Volun
teered as an excuse the Information
that he would not could not believe |
Orchard under any circumstance. |
This WAS a cause for his removal and |
hereafter the attorneys for the state |
inquired carefully into the matter Of |
lntipathy to a eonfessing witness.
When the Jurors retired yesterday /
shortly after II o'clock they |
proceeded 10 the election Of "A fore
nan. Thomas B. Gass, No l. being se-
ected. Then came the first formal |
ballot, which resulted:
Not guilty, 8.
Guilty, 2.
Blank, ..
The blank ballots were cast by Fore |
nan Cess and A. =. Burns, both far
ners The second vote was q 10 3, |
Jess going over to the majority.
Then Burns Joined in, making it 10
o ,. Here the iur~ remained at a |
deadlock for twelve hours, the two
men insisting upon conviction in some
legree being Thomas Powell and Sam
lel Gilman. ranchers. The jurors In
aVor Of acquittal took turns in argu-
ne with the recalcitrants.
Once during the long debate as the |
IOors of the jury room stood open.
Ir. Powell could be seen seated at ths
able. poring over copy of Judge
Woods instructions. At 1880 a. m.
e sucCumbcd and then all the jury
1en turned in for nap. II was a lit
le after O'Clock when Juror Gilman
'as aroused with the announcement
hat another vote was about to hc
AIKEN. well" he said, III anybody
'ould stay with me, / would stay here
< long as the rest of you. but as | arl
limo / will Va In with tNfehFts ~ !
The vote was cast and William ID |,
haywood was declared acquitted OF an
in the death of former I
GOVERNOR Steuncnberg
Judge Wood was telephoned for AZ
80 a. m. and arrived at the court ,
ouse twenty minutes later. The at ,
lrneys for the defense and prosecu- I
on were slower ana did not arrive 3
ntil lust before o'clock Mr. Dar- I
NV being the first. Haywood enter n
! court at 7:45, and smiled his Gus q
,mary greetings To counsel and news 4
apermen. Asked as 10 how he felt. i
e declared: Very well indeed"
He had laid down most Of the night n
nd had had some sleep. Judge
'ood took his place on the bench al {
"a O'Clock and four minutes later
le tired, bedraggled. wprn-out Jurors
led In. Haywood sat with his right {
DOW hung over the back OF his arm | %
lair--a choice attitude As the clerk Q
.gan to call the roll the silence In 4
e big court room was painful The q
* Of the clock on the wall sounded n
Se blows from a sledge. =
Then came the voice Of Judge Wood
king:
Gentlemen Of the iury. have you q
reed upon "A verdict ?'' D.
Haywood turned his single eye n
,on the twelve men. -
we have" came the response from =,
lreman Cess. who handed a plain n
nite. official size envelope to the I,
urt. !.
Judge Wood dclVed into the envel- "a
e, hesitated. looked again, and then 4,
amazement said. n
There Is nothing In here" IA
There's the right envelope in your y,
cket." said Juror Russell to the iu
reman. -
The Formal Verdict. A,
The foreman was palpably nervous m
d this added materially TO the ..
ain felt By all in the court room. n
Ie second envelope was handed up a,
dge Wood glanced at it and tossed !,
P paper 20 the clerk. who read. 80
state Of Idaho against William -. tb
Iywood: We. the jury. IN the above M
titled cause. find the defendant. n,
lliam u. Haywood. not guilty. y,
omas ". Cess. Foreman" "a,
Then the congratulations IN the XII
dsi Of which Judge Wood said: