The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-27
JURY IS CHARGED.
Judge Wood Delivers Instruc-
tiOns in Haywood Case.
He Presents a Choice OF Five
Different Verdicts.
LAW OF CONSPIRACY
is Dwelt Upon at Great Length
by the Court.
What He Said Regarded as Fair
by Both Sides.
If Anything Charge Leans To-
ward the Defense.
What He Said Regarded as Fair
by Both Sides.

Boise, Idaho, July 27.-Judge Ere
mont Wood today delivered his charge
to the jury into whose keeping was
given the fate of William D. Haywood,
ecretary-treasurer of the Western
Federation of Miners, charged with
the murder of former Governor Frank
Steunenberg of Idaho. He gave to the
jury the choice of five verdicts fol-
lows:
Murder in the first degree; murder
in the second degree. voluntary man
slaughter, involuntary manslaughter
and not guilty.
The charge contained sixty-six in
structions. Judge Wood dwelt at
length upon the laws of conspiracy and
the value of the evidence given by an
accomplice.
The law views such evidence with
distrust." he declared. and it should
be received by the jury with caution
and scrutinized with great care. And
If from the evidence it appears that
any favors have been extended by the
authorities 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"
Judge Woods charge was lengthy,
containing more than 1900 words
and covering the case from almost
every view point. 1t was regarded by
both sides as eminently fair. If any
thing it was the consensus of opinion
that the court leaned to the defense.
In regard to the corroboration of Or
chard, Judge Wood said that the jury
should test the value of such evidence
by eliminating his testimony with a
view to ascertaining if there is indie
pendent testimony TO connect the de-
PENDANT with the offense-
Corroborative Evidence.
This rroborating evidence" the
court continued. need not be sufficient
defendant, but Il must tend in some
degree to implicate and connect the
defendant with commission of the
crime charged"
Further along in his charge Judge
Wood said:
IF it is possible for you to reconcile
the facts in this case upon any reason
able theory consistent with the inno-
cence of the defendant. William D.
Haywood. it is your duty to do so, and
find the defendant not guilty.
The jury is instructed in regard to |
the flight of Jack Simpkins. if you
find such flight to have taken place, |
standing alone it would not of itself !
be any evidence of the guilt of the de- |
PENDANT. But if you find that Simp- !
kins did after the arrest of Orchard |
flee or become a fugitive from justice, |
then that fact may be taken into con- /
sfderation together with all the other /
facts of The case in determining wheth- |
er or not Simpkins was a member of |
the conspiracy which the state has |
sought to prove and of which con- |
spiracy il is claimed by the state the
defendant was member"
The court room was but half filled |
when the jury filed in shortly before |
10 O'Clock. Haywood came in smiling |
and bowed salutation to his Wife, /
his mother. his two daughters and
sisters, the entire family being present |
AS Judge Wood took the bench the |
twelve jurymen who sat directly in ,
front of him wheeled in their chairs. /
turned their backs upon the defendant
and his attorneys and listened atten- |
lively to the lengthy charge
The Courts Instructions.
Judge Woods charge and instructions
delivered to the jury this morning were
lengthy, making altogether about 1900
words
Before delivering his instructions
Judge Wood said:
Gentlemen of the jury: The evil
dence in this case has been introduced, /
and the argument of counsel being |
COR pletad it now devolves upon the .
court to instruct you in relation to the
law Of the case. but before doing so
desire to join with counsel for the state
and the defendant in congratulatinr {
you on the approaching termination of
your duties. and L also wish to extend
the court for the attentive manner in
which you have thus far performed
your duty as jurors in this case;
You have been selected to this re-
PJSlltOIa anu III NhC pCA-
Torrance of this important duty from
q very large number of your fellow
citizens after a long, painstaking and
enost tn 0roagh examination by able
counsel The cath which you took as
Jurors Wien sworn to try this cause
imposed upon YOU the most solemn
DUTY that devolves upon any citizen,
that of sitting IL. Judgment upon your
fellow man.
You have been called here at the
busiest season of the year, and perhaps
when many of you could not we'll af-
ford to be absent from your respective L
avocations, but the duties here imposed
are necessary and essential under our
sly stem of government, and if any of I
you consider the performance of this
duty burden or hardship, you should {
feel fully Iecompensed therefor in the !
fact that your selection to try this !
cause from the very large number of ,
Jurors examined is splendid testi-
monial to your citizenship and should
be accepted as a guarantee that Won 6
will give this case that conscientious :
which the law imposes on
YOU when you take it with you to your ,
Jury room for final action thereon
After the customary instruction as to !
the general duties of the jurors as to
the law and evidence, Judge Wood in
structed the jurors in accordance with
his ruling made some days ago, after
argument by counsel as to the admissi-
bility of the evidence bearing on the !
of Steve Adams with crimes
committed in northern Idaho. This ev-
idence and also that introduced by the
defense regarding deportations in COL
nrado and the employment of Pinker-