The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-29
HAYWOOD IS FREE.
CONTINUED from Page 'one.l

(OAt6BC WHERE MS VIE ana QauGnIeTS
have been stopping. He had parted
with Attorney Nugent at the hospital
gate and left alone in Boise, got all
but lost, and had to inquire his way
from passers-by.
Once home Haywood said: 49,
I want to thank the people of Boise
Tor their Kindness to my wife, my
mother, my family and my friends
There has been widespread sympathy
here for Mrs. Carruthers, the prisoners
mother.
first apprised of the verdict. said:
I feel glad for Haywood's mother"
Why Jurors Voted to Accuit.
Inquiry among the jurors after
their dismissal revealed some of the
elements entering into their decision.
Samuel D. Gilman the last man to be
won over to the defense, declared that
majority of the men seemed con-
WINGED that the general tone of the
courts instructions indicated that the
defendant should be freed.
Finley Mclean. who voted consist
entity for acQuittal from the first de-
clared that the judges instructions
seemed to settle all doubts as to the
course he should take.
Juror James Robertson. the good
natured Scotchman at whose house
here in Boise Governor Steunenberg
boarded for more than two years,
said:
81 couldn't reconcile myself to vot-
ing anyother way than with the de-
tense from the very first, and 1 think
that under the law and the evidence
there was nothing else for us to do.
The last fellow who held out against
acquittal belongs to the same fra
ternaI organization that 1 do. There
was some talk of a compromise on
second degree verdict. but we wouldn't
stand for that-it either had to be ac-
quittal or L would have stayed there
forever
Juror Samuel F. Russell. the senior
member of the panel, said:
1ir1x aiT1C4 II
wood but suspicion and inference, and
when we came to dovetail the evidence
in the jury room it didn't seem some
how to fit
Couldn't Believe Orchard.
Samuel D. Gilman. juror No. 3,
Il can not point out any particular
instruction that seemed to decide the
boys on a verdict of not guilty. do
not think there was any particular in
struction that they debated over.
believe it was the instructions general
ly- They couldn't seem to make head
or tail to them. but were convinced
that the general tone indicated that
the defendant should be freed. Some
of them seemed to think the instruc-
tons were very strong regarding cor
roborative testimony. and some said
that they could not be clear as TO the
reasonable doubt"
There are many in Boise who in
cline to the opinion that controlling
influence with the jury was their dis
belief of Orchards testimony. Hay
woods counsel in all of their argu-
ments heaped abuse upon Orchard,
and 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 immunity by some one con-
nected with the prosecution, and call
ed attention to the fact that he had
been treated with the greatest of con-
sfderation by the penitentiary author
tiles since his confession was made to
a PinkertOn detective.
Judge Wood in his charge warned
the jury to view Orchards testimony
with great caution. and as test of the
corroborating evidence suggested that
the story told by Orchard be laid aside
and the remainder of the evidence
viewed in that light. 1t was not neces- |
sary, however. he added. that the cor
roborating evidence should prove every
point
DeadIocked Twelve Hours.
In the days of jury selection vein
of prejudice against Orchard was un- |
covered Unexpectedly when the trial
panel was more than half completed |
One of the proposed jurymen volun- |
teered as an excuse the information |
that he would not believe Orchard I'M
der any circumstances. This was
cause for his challenge and removal |
and thereafter the attorneys for the |
state inquired carefully into the matter
of antipathy to a confessing witness
When the jurors retired Saturday
morning shortly after IL o'clock they |
proceeded to the election of a foreman, |
Thomas B. Cess. No. L, being selected. |
Then came the first formal ballot
which resulted:
The blank ballots were cast by +.
Foreman Cess and A. P. Burns. both |
Farmers. The second vote was to 3, |
Cess going over to the majority. Then |
Burns Joined in. making it 10 to 2.
Here the jury remained at a deadlock
for twelve hours. the two men insist |
ing upon conviction in some degree
being Thomas Powell and Samuel D.
Gilman, ranchers.
The jurors in favor of acquittal
took turns in arguing with the recall |
citrants. Once during the long debate |
as the doors of the jury room stood
open, Mr.. Powell could he seen seated
at the table pouring over a copy of
Judge Woods instructions. At $3.50
a. m. he succumbed and then all the
1urymen turned in for nap. 1t was
a little after O'Clock when Juror
Gilman was aroused with the an
nouncement that another vote was
about to be taken.
.sWeH.' he said, eff anybody would
stick with me I would stay here as
long as any of the rest of you. but as
am alone 1 will fall in with your
wishes"
The Scene in Court.
The vote was cast. and William D.
Haywood was declared acquitted of
all completely in the death of former |
Governor Steunenberg.
Judge Wood was telephoned for at |
7:1o a. m. and arrived at the court
house twenty minutes later. The at |
tcrneys for the defense and prosecu-
tiou were slower, and did not arrive |
until just before s O'Clock, Mr.. Oar
row being the first
HAYWOOD entered court at 7:45 and
mmiled his customary greetings to |
counsel and newspaper men. Asked |
as TO how he felt he declared: VERY |
well, indeed"
He had laid down most of the night |
and had had some sleep.