The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-07-29


ton other than that made by the at
s5E torneys for the defense.
Tho court proceedings were over. the
prisoner was discharged and the jury
dismissed in less thai three minutes
time.
The verdict was received relurtant-
~ In Boise. Extra editions Of papers
carried tha tidihgs far and wide, and
during the day there was consider
abla discussion III clubs, cafes, hotel
K lobbies and OH street corners Tile
surprise, which had been so manifest
IN the courtroom was prevalent every
whore, The long time the jury WAS
out had conveyed tile general impress
sion that there could be no other OUT
come than a disagreement
ks Clnss Against Clnas.
@5 Clarence barrow, of Chicago, who
had made plea describing the case
+ at issue us a struggle Of class agains
class" who had deiiantlN told the
Jurors that they were hostile to his
client, and had had their minds poi
soned by a corrupt and capitalistic
press, had entered the courtroom Will
the mood OF his speech still upon him
but as Haywood was freed and as
the jury was passing out lie We'd with
the other members OF counsel and Will
the prisoner himself in thanking with
many evidences OF sincerity the twelve
citizens OF Idaho who had heard the
evidence and rendered their unalter-
able opinion.
Mr.. Richardson's. too. hnstcned to die
tate a statement III which he declared
that his client had had an absolutely
fair and impartial trial, and that Idaho
had indeed reason to be proud OF
herself
Haywood's first thought was of MS
aged mother. who yesterday suffered
nervous breakdown after the jury
had retired. Leaving the courtroom
In company with Attorney Nugent,
Haywood walked to the Jail portion
of the building, shaking hands as he
went with guards employees ana
friends. Z IIe babe farewell to Meyer,
who. when he heard The verdict said:
THAT'S good, and to Fettibone. whom
Darrow described TO tue Jury as 2
sort of Happy Aoolisan," and who
called: Give my regards to Broad
way
Mother aud wltc.
Then Haywood walked to ST. Luke's
1Iospital and rushed into his mothers
room. SO great was the tonic on the
mother that tonight she was UP anu
about and happy Next HaN"o ,,
k went to the little cottage where his
wife and daughters have been staying.
Once home. 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 sympa-
.hy for Mrs. Carruthers. the defend
ants mother. Senator Borah, for in
stance. when first apprised of the YER
dict. said:
Il feel glad Tor Haywoods mother"
What Jurymen Say.
inquiry among the Jurors after Inc
dismissal revealed some of The e2e-
rneuts entering into their dsrlsicsr-i
Ss-ruel-E u. Gilman. The last Taaa 10 BE-,
p,n over to 1he defense, declared THAT
Z . ma Soritxs of the Jurors scanned cen
WINGED that the general ton= Of the
courts instructions Indicated thai the
Sefen6aas should be freed.
Finley Mclean. who voted consist
entity for soquittal from the a-st- de-
elared thai me Judges instructions r'i
seemed to settle all doubt as 10 the
course he should take
Juror James Robertson, the good
natured Scotchman. at whose house in
Boise Governor Steunenberg boarded
for more than two years, said:
Il could not reconcile myself to vot-
Ing any other way than with the de-
Tense from the very first. and think
that under the law and the evidence
II there was nothing else for us to do.
The last fellow who held out against
acquittaI belongs to the same frater-
nal organization that I do. There was
some talk of a compromise on a second
degree verdict, but we would not stand
for that It had to be acquittal or I
would have stayed there forever"
Suspicion and Inference.
Juror Samuel r. RUSSELL the senior
member of the panel. said:
There was nothing against Hay
wood but suspicion and inference and
when we came to dovetail the evidence
in the jury-room it did not seem some
how to fit
Samuel D. Gilman said: Il can't
point ont any particular instruction
that seemed to decide the boys on a
verdict of not guilty. do not think
there was any particular instruction
that they debated. / believe 1t was
the instructions generally.
Then could not seem to make head
or tail Of them but We're convinced
that the general tone seemed to in
dictate that the defendant ought to
be free. Some Of them seemed to think
the instructions were very strong re-
Earding corroboraf1Ye testimony, and
some said that they could not be
rlearas to the reasonable doubt"
There are many In Boise who in
rline to the OPTION that a controlling
Influence with the Jury was their dis
belief OF Orchards testimony.
First Vote to 4.
When the Jurors retired yesterday
morning shortly after II o'clock. they
elected as foreman Thomas B. Cess
Then came the first formal ballot,
which resulted:
Not guilty, s.; guilty, .; blank ..
The blank ballots were cast by Fore
man Cess and a. p. Burns, bol
farmers The second vote was TO 3
Cess voting with the majority. Their
Burns Joined sin, making it % to .
Here the jury remained at a deadlock
for twelve hours, the two men who
insisted on conviction in some degree
being Thomas Powell and Samuel u
Gilman, ranchers.
The recalcitrants were argued with
Powell pored over Judge Woods in
structions. and at $3.50 A. NJ. he sue
cunbed The jury the ntook u nap
It was a little after O'Clock whel
Juror Gilman was aroused with III
announcement that another vote wa
about 10 be taken.