Mountain Home maverick. [volume] (Mountain Home, Idaho) 1906-1911, 1907-08-01
Haywood found Not guilty
Continued FROM Page one.

81 III 0kla 4DOtA ~
Haywood went to the little cottage
where his wife and daughters have
been stopping. He had parted with
Attorney Nugcnt al the hospitai
gate and left alone in Boise got ali
but lost and had TO inquire his way
from passers-by. Once home nay
wood said: IL want to hank the
people of Boise for their kindness
to my wife, my mother, my tam
lily and my friends
There has been widespread sym
pathy here for Mrs. Carruthers, the
prisoners mother. Senator Borah,
for instance, when first appfised
of the verdict, said: II feel glad
for Haywood S mother.
There are many in Boise who in
cline to the opinion that a controll-
ing influence with the jury was
their disbelief of Orchards testi-
mony. Haywood's counsel in all OF
their arguments heaped abuse upon
Orchard and told of the general con-
tempt in which all classes held
such a man as he. The attorneys
placed stress upon the probability
that Orchard had been promised inn
munity by some one connected with
the prosecution and called attention
to the fact that he had been treated
with the greatest Of consideration
by the penitentiary authorities since
his confession was made to a Pink
erton detective. Judge Wood in his
charge warned the jury to view Or
chard's testimony with great caution
and as a test OF the corrooorating
evidence suggested that the story
told by Orchard be laid aside and
the remainder of the evidence
viewed in that light. 1t was not
necessary, however, he added, that
the corroborating evidence should
prove every point.
In the days OF jury selection a
of prejudice against Orchard
uncovered unexpectedly when
the trial panel was more than half
One of the proposed
jurymen volunteered as an excuse
the information that he would not,
could not believe Orchard under any
circumstances. This was a cause
Tor his challenge and removal, and
the attorneys for the state
inquired carefully into the matter
If antiquity 10 a c%onfessing wit
ness.
Not the least interesting of the
comments made upon the verdict
vas that Of Harry Orchard, the self
confessed murdersC of Governor
~;teunen5erg. ana the witness upon
the state chiefly relied to
prove its ciaim Of siaister conspir-
ny against The Western Federation
If Miners.
When told al tn. state peniten-
larry that Haywood had been ac-
Orchard said: We'll, l
lave done my duty. | have told
he truth. | could do no more. l
ready to take any punishment
hat may be meted out to me for
my crime and the sooner it comes
the better
When the jurors retired Saturday
morning shortly after II o'clock
they proceeded to the election of a
Thomas B. Cess, No. /,
selected. Then came the
formal ballot. which resulted /:
Not guilty 8
Guilty ,
Blank 2
The blank ballots were cast by
Foreman Cess and A. P. Burns,
both farmers. Cess later voted tc
convict and finally went over tc
the majority. Then Burns joined
in, making it 10 to 2. Here the
jury remained at a deadlock for IL
hours. The two mer insisting upon
conviction in some degree were
Thomas Powell ana Samuel D. Gill
man, ranchers.
The jurors in favor OF acquittaI
took turns in arguing with the re-
calcitcrants. Once during the long
debate as the doors of the jury room
stood open, Mr.. Powell could be
seen seated at the table pouring
a copy OF Judge Woods in
structions. At $50 a. m. all the
jurymen turned in for q nap. II
was a little after o O'Clock when
Juror Gilman was aroused with the
announcement that another vote
was about to be taken.
"Well,' he said, ''if anybody
would stick with me I would stay
here as long as any of the rest oil
you, but as | am alone | will fall in
with your wishes.
The vote was cast and William
Haywood vas declared acquit-
ted of all completely in the death
of Former Governor Setunenberg.
Judge Wood was telephoned for
at 7 .tO a m. and arrived at thf