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 to
Jury,
JUDGES PRESENTATION
OF CASE EMINENTLY FAIR
Long Drawn Out Struggle Ex-
peCted Before Decision is
Reached in Celebrated Legal
Battle at Boise.

tBy Morning Journal spesial 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
I listened 10 the mass of testimony Of
fered. against and In defense of Will
! lam ID. Haywood. secretary-treasurer
Of the Western Federation Of Miners
were wrestling at late hour tonight
with the problem of a verdict. out
side on the green lawn shaded by
giant trees. silent bailiffs kept vigil
within hearing OF the discussion
which filtered through the open win
dows. Inside the big court room a
group of newspaper men sat and
ehatted with Judge Wood and the
court officials The public was ex-
cluded early in the day and stalrways
and passages leading to the Jury
room Mere closely guarded.
Ii was four minutes past II o'clock
this orning when the jury, after re-
ceiVing instructions wllch were de-
eidedly in favor Of the defendant re,
tired other deliberat 0ns, and so far
they have failed to ae roe uI,on any
one of the five propositions laid down
10 them by court
These We're 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 jurymen. many of
them wei along toward their allotted |
terms of three score years and ten
were escorted To the house where they |
nave made their home since the be /
ginning of the trial. and there the /
meals were served Less than TWEEN /
ty-flVe minutes was taken mp with |
luncheon, and but few minutes more |
for dinner. the Jurors being apparent-
~ anxious to return to their duties
with all possible speed.
After they had returned from din
hef 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 !,
gazing out without talking to each
other.
John II. Murphy. Of Denver. the I
general counsel for the Western Fpd-
ration of Miners is very ill tonight
n 81 Alphonse hospital ana It Is re-
'ofted that his life is all but despaired
u. lie is suffering from tuberculosis
ma has been too IN 90 attend the trial
or a fortnight Mr.. Murphy has been /
'ounsel for the federation for seven or
'ight wears. He has acted In the Hay
wood case only In an advisory capa- d.
A. o'clock tonight Judge Wood |,
lecided to change the jury quarters !
ma 10 give them the accommodations :
u one Of the larger rooms of the /,
"nrt house Up to this time there hid ,
zen no sign from the jury room that
mere was any chance of an agree
lent.
Unofficial Jurors Settle u.
ne unofhcial jurors appointed py y
ne socialists To attend the Haywood u
RAJ tonight issued the following state
lent: s.
We, the Independent labor Jurors 81
aVlng attended the trial Of Villa e.
,. haywood for the murder OF pN- u
GOVERNOR Steuenberg and having duiy q
1nsidered the evidence presented by y
ne state and the defense, affirm that A"
ne persecution of the working class az
America In this instance has failed. lt
rspiie the strenuous attempts of cap y
aiism, and In the name of the United d
Iorkers OF the land We hereby de- "
are our verdict to De not guilty o
Judge Wood at 10 o'clock went tp u
iiled on the telephone IN case the cl
Try should arrive M verdict
ioddy mas been one OF the hottest "
the summer, and the southwestern ~
iposure Of the jury roo has made DO ~.
IL target for the bIstering rays of -
e July sun. once secluded from the =,
rmal atmosphere of the court room. t,.
IT, jurors quickly stripped Off coats tt
id collars and prepared 10 make .,
cir confinement more comfortable ra
glimpse into the room late today of
owed the jurors lounging about in az
mfortable attitude. and seemingly iu
intent with the progress they were ~
aking- Despite the long time the IN
~ has been out tonight. there still IN
isis q hope among those who have th
ilowed the trial that some sort Of ~
rdtci may be reached. That affairs W.
We not come To deadlock was in "A
Gated during the afternoon when ~
= Jurors sent out "a request tu Judge
uod for some Of the most impor- mn
nj documents Introduced into the Nj,
- as exhibits. These had 10 do "a
-ectly with the alleged conspiracy De
ainsi former Governor Frank iu
gutenberg. FOR whose murder Hay BE-
'od has been on trial and IN con- b.
ction with which Charles Meyer ="
d George ~. P.ttibnne are yet 90 ~
r. jury. The exhibits asked for =
re the telegram which was sent O. ~,
,rry Orchard the day following his
rest az Caldwell by Attorney Miller. pr.
* Simpkins b. said fo have engaged In
r Miller lmi
The second exhibit asked for was inr