Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-07-27
FA|E Of HAYWOOD
IS IN JURY 5 CARE
Judge Wood Gives Instructions
In Famous Idaho Murder
Trial Today
JURY RETlREs AT 11:o4 O'CLOCK
Charge and Instructions Regarded by
Both Sides as Being Fair-lf Any
thing They Favor Haywood-Judse
], Wood Covers All Important Points
i Of Testimony in Instructions.

y, Sn,n9 tuey TaNo "1
Wood Covers All Important Points
u Of Testimony in Instructions.
Boise. Idaho. July 27.-The jury IN
the HAYWOOD trial retired at 11:O4
o'clock. The court djourned until ..
AS they left the jury box Judge Wood
said: Gentlemen, would Suggest
you take your chair cushions with
you" Each juror acted upon the sug-
Eestion. The jury room In the court
house had been prepared Q for their
use.
Haywood listened with his character
istic stoicism to Woods lengthy
charge. When the jury retired he went
back to his cell with confident smile
about his lips. AS he was about to
leave. his gray haired mother rushed
up and kissed him. There was no
other demonstration. No one ventured
an opinion as the jury retired as to
the length OF time that would be re-
quired in arriving at verdict. The
jury may report at any time OF night
or day. The Idaho laws provide the
jury may render q verdict In open
court on Sunday.
Boise, July s7.-Judge Fremont
Wood today delivered his charge to the
fate of William D. Haywood secretary
and treasurer OF the Western Fedora
ton Of Miners. charged with the MUIR
der of former Governor Frank Steun.
enberg, of Idaho.
He gave the jury the choice Of five
verdists as follows: Murder In the first
degree, murder In the second degree,
voluntary nanslaughter, involuntary
manslaughter. and not guilty.
The charge contained sixty-six in
structions. The judge dwelt at length
cIon the laws of conspiracy and the
value of evidence given by an accom-
IAce.
THE law views such evidence with
Cistrust," he declared, ut should be
received by the jury with caution and
scrutinized with great care. And II
from the evidence it appears any fav-
ors have been extended by the author
tiles to Orchard. and there is any
promise relating to further favors on
account Of his testimony, they are
proper matters for the jury to take into
consideration"
Charge Regarded Impartial.
The charge is regarded by both sides
as eminently fair. If anything it was
q consensus Of opinion that the court
leaned to the defense in regard to cor
roboration of Orchard. The Judge said
the jury should test the value Of such
evidence by eliminating his testimony
with a view of ascertaining If there is
independent testimony tending to con-
meet defendant with the offense
.'This corroborating evidence" the
court continued, need not be sufficient
OF itself to establish the guilt OF the
defendant, but it must lend in some
degree to implicate or connect, the de-
fendslnt with the commission Of the
crime charged" Further along the
Judge said:
'If 1t is possible for you to be re-
conciled to the facts in this case upon
any reasonable theory, consistent with
Innocence of the defendant Haywood,
1t is s{yoM duty to do so and find the
defendant not guilty"
The court room was but half filled
when the Jury filed in. Haywood came
In smiling and bowed salutation to
members of his family. The defendant
and his attorneys listened attentively
to the lengthy charge.
Judge Wood Delivers Charge
Judge Woods charge and instruction.
delivered to the jury in the Haywood
case this morning, was lengthy, maxi
ing about 10000 words. After the GUS
tomslry instruction as to the general
duties of the jurors, as to law and
evidence. the judge Instructed the jur-
prs in accordance with his ruling made
some days ago, after the argument by
the counsel as to the admissibility of
evidence, bearing on the connection Of
Steve Adams with the crimes commits
led in northern Idaho.
This evidence also that introduced
by the defense regarding the deporta-
lions IN colorado, ana uHe employment
Of the Pinkerton detectives by the
s mine. owners, Judge Wood instructed
the jury not to consider on the ground
that no proper connection had been
made in either case. The Instructions
as to the necessity for a clear, con-
elusive proof beyond any reasonable
doubt, of every material fact were fol-
lowed by the quoting Of the Indictment
on which Haywood, together with Moy-
er and Pettibone, We're arrested.
Not Tried for Other Crimes.
After defining the degrees of mur-
der the Judge said:
Il further instruct you, while the
proof has been admitted Of the COM
mission Of other crimes by the de-
fen6ant and his associates. tending
to prove the commission of such other
crimes by them. that it has ably been
admitted for the purpose of showing
the existence of conspiracy to accom-
plish certain objects, and that such
crimes. and the crime resulting in the