The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-07-27
Judge Wood Delivers Charge
and Instructions This
Morning.
BORAH CONGRATULATED
Even Haywood Said Senator's
Speech Was Best lie Had
Ever Heard.- Darr0w Praises
1t as Being a Remark
ably Fair One.

BOISE. July 27.-Evidenee and argu-
ment is at an end. and today the jury
is out to decide what penalty, il
any, William ID. Haywood shall pay
for participation in a criminal con-
spiracy resulting in the assassination
of former Governor Frank Steunen-
berg, with which he is charged.
United States Senator William e.
Borah engaged by the State of Idaho
as special counsel for the prosecution.
spoke the last word last night. Judge
Fremont Wood today charged and in
structed the jury, and 1t will retire to
consider the verdict.
Judge Woods charge made about 1900
words. After the customary instructions
as 10 the legal duties of the jurors as TO
the law and evidence, he instructed the
jurors in accordance with his ruling made
some days ago. after argument by coun-
sci as to the adnaissa bility of the evidence
bearing on the connection of Steve Adams
with crimes committed in Northern Idaho.
This evidence and also that introduced
by the defense regarding deportations In
Colorado and the employment of Pinker-
ton detectives by the mine owners, Judge
Wood instructed the jury not to consider
On me SrOuDQ ltldL no pilOT cVilutCloi
had been made in either case.
Instructions as to the necessity for clear
and conclusive proof beyond any reason
able doubt of every material fact were fol-
lowed by the quoting OF the Indictment
on which Haywood was arrested with
Meyer and Pettibone. On this subject
Judge Wood said:
There are three counts in the ndict-
rlent but the substance of each of them
il the unlawful. wiiful, deliberate, pre-
medltated Cnd felonious killing Of the said
Frank Stennenberg with malice afore-
thought. The essential elements of the
offense charged in the indictment con-
sist OF the following features:
'Frst-There must have been xii ing;
second. that killing must have been nn-
lawful; third, II must have been wllful
fourth, il must have been deliberated upon
Tifth Il must have beer premeditated; I;
sixth. it must have been accompanied by
malice in the mind of the person or per-
sons doing the killing, and unless these
f ltures. and each and every one of them
are proven to your satisfaction, beyond Il
reasonable doubt, then the defendant can
not, in any event, be convicted OF muir
der In the first degree.
THE court instructs the jury that under
the law no jury should convict citizen
of crime simply because there is strong
reason TO believe that he Is guilty bnt
before the jury can lawfully convict they
must be convinced of the defendants
guilt beyond all reasonable doubt.
IF ir Is possible for you to reconcile
the facts In this case upon any reasonable
theory consistent with the innocence Of
the defendant William. ID. Haywood. it is
your duty to do so and tind the defendant
not guilty
Il further instruct you, gentlemen of
the jury. that while proof has been adj
mitted of the commission of other crimes
by the defendant and his associates and
tending to prove the commission of such
other crimes by them. that 1t has only
been admitted for the purpose of showing
the existence of a conspiracy to accom-
piish certain objects, and that such crimes
and the crime resulting In the death of eX
Governor Steunenberg as well, We're all
incifents OF such conspiracy; but you must
not Fforget that the defendant is being
tried ssr the murder of Frank Stennen-
berg and for that crime alone. But you
are privileged TO take such other matters
into consideration as part of the evidence
In the case and as incidents and crcum-
stances bearing upon the question of his
guilt upon the charge of the murder or
Frank Steunenberg.
1T makes no difference, however in this
case what crimes have been committed in
Colorado in the Coeur d'Alenes or else
where. or who is responsible for the COM
mission of such crimes. If any there be-
The defendant cannot be convicted unless
the State has established beyond reason
able doubt that he Is guilty OF the
felonous killing of Frank Steunenherg.
"A conspiracy, within the meaning OF
the criminal law consists of a combinn tion
of two or more persons for the purpose
of accomplishing a criminal or unlawful
object, or lawful object in an unlawful
manner. AS nppleu 70 TINS case ana unuer
this Indictment proof Of conspiracy is only
proper insofar as 1t may tend to show
common design to encourage the particular
murder charged against the defendant. and
1t can only be introduced for the purpose
of establishing the position of the menl-
bers of the combine as accessories to the
crime of murder.
"It Is not essential to The formation of a
conspiracy that there should be a formal
agreement between the parties to do the
act charged. 1t is sufficient II the minds
of the parties meet understandlngly, so as
10 bring about an intelligent and deliberate
(ContInued on Fifth PnEe.)