Bisbee daily review., 1907-07-30

under the law and the evidence there was nothing else for us to do. The last fellow who held out against ac- quittal belongs to the same frater- nal organization that I do. There was some talk of compromise on a second degree verdict but we would not stand for that It either had to be acquiILai Oa would have stayed there for ever"
 Juror Samuel F. Russell, the seSinr member, said:
 There was nothing against Hay wood but suspicion and inference and when we came to dovetaiI the evil dence in the jury room, it did not seem, somehow, to fit."
 Samuel D. Gilman, juror No. 3, said:
 q cannot point out any particular instruction that seemed to decide the boys on a verdict of not guilty. I do not think that there was any particu- | lar instruction they debated over. believe it was the instructions gener- ally They could not seem to make head nor tail of them, but were con vinced that the general tone indicat- ed that the defendant should be freed Some of them seemed to think the instructions were very strong regard l ing cOrrObOratiye testimony and some said they could not be clear as to a reasonable doubt"
 There are many in Boise who are | inclined to the belief that a control ling influence with the jury was their l belief in Orchards testimony. Hay woods counsel in all of their argu- ments heaped abuse upon Orchard and l told of the general contempt in which | all classes held such a man as he. The | attorneys played upon the probability that Orchard had been promised. i'm. munity by someone connected with | the prosecution and called attention l to the fact that he had been treated | with the greatest consideration in the prison since his confession was made | to a Pinkerton detective.
 Judge Wood in his charge ordered | the jury to view Orchards testimony with great caution and as a test of | the corroboratiye evidence suggested that the story told by Orchard be laid aside and the remainder of the evi. dence viewed in that light It was not necessary, he added, that the cor roborative evidence should prove every point.
 In the days of jury. selection vein of prejudice was uncovered unexpect edly when the trial panel was more than half completed. One of the pro posed jurymen volunteered as an ex I s3H Sv,fr hat 10 not. could not believe Orchard under any circumstances. This was cause for his removal and thereafter the attorneys for the state inquired care fully into the matter of antipathy tC
 a confessing witness.
 i When the jurors retired they pro
 ceeded to the election of foreman
 Thomas B. Guess. No. 1, being select ed. Then came the first formal bal
 lot, which resulted:
 Not guilty. ..........
 Guilty -...s s...-.- Blank .. e. .........
 The blank ballots were cast b! Foreman Cess and 4. ?. Burns, bot
 farmers. The second vote was 3 t' 3. Cess, going over to the majority.
 Then Burns joined in, making 10 t i2. Here the jury remained at a dead [ lock for twelve hours. The two mel insisting on conviction in some degre being Thomas Powell and Samuel CT lman, ranchers. The jurors in favo
 of acquittal took turns in arguing wit
 the recalcitrants. Once during tn ;, long debate as the doors of the jur
 room stood open, Mir. Powell coul'
 be seen sitting at the table porini
 over a copy of Judge Woods instruC tions. At 3:30 a. m. he succumbec i and then all the jurymen turned il : for a nap. It was a little after
 o'clock, when Juror Gilman wa , aroused with the announcement tha . another vote was about to be taker l, We'll he said ''if anybody woull : stay with me would stay here a } long as the rest of you. but am alons ] I will fall in with your wishes"
 The vote was cast and William Hay