New-York tribune., 1907-07-29
HAYWOOD ACQUITTED.
Continued from First Page.


Broadway" Then Haywood walked to ST.
Luke's Hospital and rushed into his mothers
room. So great was the tonic on the mother
that tonight she was up and about and happy.
Next, Haywood went to the little cottage where
his wife and daughters have been staying. He
had parted with Nugent at the hospital gate
and left alone in Boise. had to inquire his way
Once at the house. Haywood said:
II want to thank the people Of Boise for their
kindness to my wife, my mother, my family and
my friends"
There has been Widespread sympathy for Mrs
Carruthers. the defendants mother. Senator
Rorah. for instance, when first apprised of the
verdict said. Il feel glad for Haywood's
mother"
OPINIONS OF JURORS.
Inquiry among the jurors after their dismissal
showed some of the clements entering into their
decision. Samuel D. Gilman. the last man to
be won over to the defence declared that a ma
jority OF the jurors seemed convinced that the
general tone of the courts instructions indi-
Gated that the defendant should be freed
Finley Mclean. who voted consistently for ac-
quittal from the first. declared that the judges
instructions seemed to settle all doubt TO the
course he should take.
James Robertson, the good natured Scotch
man. at whose house in Boise Governor Steun-
enberg boarded for more than two years, said;
II could not reconcile myself 10 voting any
other way than with the defence from the very
first. and I think that under the law and the
evidence there nothing else for 70 do.
The last fellow who held out against acquittal
belongs 10 the same fraternal organization that
do There was some talk Of compromise on
second degree verdict. but we would not stand
for that. 1t had TO be acQuittal. or I would
have stayed there forever"
There nothing against Haywood but
suspicion and Inference" Samuel F. Russell.
the senior member OF the panel. said 'and when
We came 10 dovetail the evidence In tho Jury
room II did not seem somehow to Mt
DOiQt rti
that seemed to decide the boys on a verdict OF
not guilty" Samuel D. Gilman said. II do not
think there was any particular instruction that
they debated. I believe II was the instruction.
generally. They could not mako head
or tail 20 them. but were convinced that the gen
eral tone indicated that the defendant should be
freed. Some OF them seemed to think the instruc-
tons were very strong regarding corro lucrative
testimony and some said that they could not be
clear TO the reasonable doubt"
There many in Boiss who incline to the
opinion that a controlling influence with the
jury their disbelief OF Orchards testimony.
Haywoods counsel heaped abuse on Orchard
and told OF the general contempt in which all
classes held such man as he. The attorneys
played the probability that immunity had
been promised Orchard by some one connected
with the prosecution. and called attention 10 the
fact that he had been treated with the greatest
consideration by the penitentiary authorities
since his confession was made to a Pinkerton
detective. Judge Wood in his charge warned
caution and as n test OF the cOTrobOratiug evil
dence suggested that the story told by Orchard
be laid aside and the remainder OF the evidence
viewed separately. II was not necessary how
ever he added. that the corroborating evidence
should prove every point
FEELING AGAINST ORCHARD.
At the time OF the selection OF the jury vein
of prejudice against Orchard was uncovered un-
expectedIy when the trial panel was more than
Of ha nTnnn9p6 Jurors
volunteered as an excuse the information that
he could not believe orchard under any crcum-
stances This was a cause for his challenge ana
removal and thereafter the attorneys for the
state inquired carefully into the matter or an
tipathy confessing witness.
When the jurors retired yesterday morning.
shortly after II o'clock. they elected as fore
man Thomas b. Cess. Then came the first for
NAL ballot which resulted: Not guilty, .;
guilty. .; blank. ?
and A p Burns both farmers. The second vote
was 0 TO . one blank, Cess voting with the ma
torty Then Burns Joined In. making 1t 10 to =
Here the fury remained atsa deadlock Tor Twelve
hours the two men who insisted on conviction
IN some degree being Thomas Powell and sam
uel d Gilman, ranchers. The jurors IN raVor
OF acouittal took turns IN arguing with the re-
calcitrants once during the long DEBATE, as
the doors OF the jury room stood OPEN MT
powell could he seen seated at the table poring
oy.r a copy OF Judge Woods instructions. At
$50 a m he succumbed. and then all the jury
men turned in for nap. 1t was htte atter
G o'clock when Gilman was aroused with the
announcement that another vote was about to
be taken -,
Well he said. 'if anybody would stick with
me would stay here as long as any of the rest
80 Won but as I am alone 1 will fall in with
your wishes
SCENE IN COURTROOM.
Judge Wood was telephoned for at 40 a. n
o,d arrived at the courthouse twenty minutes
,oter Attorneys for the defence and prOsecu-
tion were slower and did not arrive until just
before 6 o'clock. Mr.. Darrow being the first
sHavwood entered court at 7:45 o'clock. and
smiled his customary greetings to lawyers and
newspaper men. Asked to how he felt. he
declared. VERY well. indeed" He had lain
down most OF the night and had had some sleep.
Judge Wood took his place the bench at
1:54 o'clock, and four minutes later the jurors
filed in Haywood sat with his right elbow
hung over the high back of his armchair, a
characteristic attitude. The clerk called the
roll. and then came the voice of Judge Wood.
asking:
Gentlemen of the jury. have you agreed upon
a verdict?"
Haywood turned his single eye on the twelve
men.
we have" came the response from Foreman
Cess, who handed plain white envelope 10
the court.
Judge Wood opened the envelope and hesI-
tated looked again. and then. with some amuse-
ment said: There is nothing in here"
There's the right envelope in your coat
pocket" said Russell to Mr.. Cess. The foreman
was papabIy nervous. and this incident added
materially TO the suspense felt by all in the
courtroom. The second envelope handed
up Judge Wood glanced at ii and tossed the
paper to the clerk, who read:
Idaho against William %