Los Angeles herald., 1907-07-29

HAYWOODLS
NOT GUILTY
MINERS OFFICIAL TRIUMPHS
OVER AccusERs
JURORS UNWILLING TO BELIEVE
HIM MURDERER
Defendant Receives Many Messages OF
conaratulation-Says He Bears No
Ill viii, but Has Charitable
Feeling for All
sconsInued from page one,


only difference of opinion existing in the
Jury was as to the degree of guilt.
The apprehension Of disagreement
spread even to members of the defend
ants counsel, and when to this feeling
were added the rumors of an adverse
decision which continually beat about
their ears during the night there could
be found none to doubt the genuineness
of their joy when the verdict was read
Clarence Darrow of Chicago, who made
a plea describing the case at issue as
a struggle of "class against class" who
had defiantly told the jurors that they
were hostile to his client and had had
their minds poisoned by a corrupt and
capitalistic press, had entered the court
room with the mood of his speech still
upon him, but as Haywood was freed
and as the jury was passing out, ne
We'd with the other members of counsel
and with the prisoner himself in thank
ing with many evidences of sincerity
the twelve citizens of Idaho who had
heard the evidence and rendered their
unalterable opinion.
Mr. Richardson, too, fastened to die
tate a statement in which he declared
that his client had been given an abso-
lutely fair and impartial trial, and that
Idaho had indeed reason to be proud Of
herself.
T1dyWOOu IllIlNS OI mOhHCT
Haywoods first thought was of his
aged mother, who only yesterday had
suffered complete nervous breakdown
after the jury had retired. Leaving the
court room in company with Attorney
Nugent he walked down to the Jail por-
tion of the building, shaking hands with
guards, employees and friends who had
arrived on the scene. He bade fare
well to Meyer, who. when he heard the
verdict, said, That's good" and never
stopped shaking hands, and to Pettibone,
whom Darrow described to the jury as
"a sort of Happy Hooligan',' and who
called "Give My Regards to Broadway"
Then Haywood walked to st. Luke's
hospital and unannounced rushed into
his mothers rooms. So great was the
tonic upon the elderly lady that tonight
she was up and about, and happy. Next
Haywood went to the little cottage
where his wife and daughters have been
stopping. He parted with Attorney Nu-
gent at the hospital gate and left alone
in Boise got all but lost and had to
inquire his way from passersby. Once
home Haywood said: 81 want to thank
the people of Boise for their kindness
to my wife, my mother, my family and
my friends"
There has been widespread sympathy
here for Mrs. Carruthers, the prisoners s
mother. Senator Borah, for instance,
when first apprised of the verdict, said:
"I feel glad for Haywood's mother"
Say Court Decided Them
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 a majority of
the men seemed convinced that the gen.
nf fI1a fV1ct 1Ofi fro6f
Gated that the defendant should be freed.
Finlay Mclean, who voted consistently
for acquittal from the first, declared that
the judges instructions seemed to settle
all doubt as to the course he should take.
Juror James Robertson, the good-na-
tured Scotchman at whose house here in
Boise Governor Steunenberg boarded for
more than two years, said:
81 couldn't reconcile myself to voting
any fother way than with the defense
from the very first and think that un-
der the law and the evidence there was
nothing else for us to do. The last
fellow who held out for conviction be-
longs to the same fraternal organization
that I do. There was some talk of a
compromise on a second degree verdict,
but we wouldn't stand for that-it either
had to be acquittal or 1 would have
stayed there forever"
Judge Samuel F. RUSSELL the senior
member of the panel, said:
There was nothing against Haywood
but suspicion and inference, and when
we came to dovetail the evidence in the
jury room it didn't seem somehow to fit
Samuel Gilman. juror No. 3, said: Il
cannot point out any particular instruc-
ton thta seemed to decide the boys on a
verdict of not guilty. 1 do not think
there was any particular instruction that
they debated over. I believe it was the
instructions generally They could not
seem TO make head or tail to them, but
were convinced that the general tone in
dicated that the defendant should be
freed. Some of them seemed to think
the quotations were very strong regard
ing corroborative testimony and some
said they could not be clear as to reason
able doubt"
Thought Orchard Lied
There are many in Boise who incline tc
the opinion that a controlling influence
with the jury was their disbelief of Or
chard Haywood's counsel in all of theil
arguments 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 immu-
nifty by some one connected with the
prosecution and called attention to the
greatest consideration by the peniten'
tiary officials 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 a test of the corrob-
Grating evidence suggested that the story
told by Orchard be laid aside and the re-
mainder of the evidence viewed in that
light. 1t was not necessary, he added
that the corroborating evidence should
prove every point.
In the days of jury selection a vein oi
prejudice against Orchard was uncov-
cred unexpectedly when the trial pane
was more than half completed. 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 for his
challenge and removal, and thereafter
the attorneys for the state inquired care
fully into the matter of an antipathy tc
a confessing witness.
When the jurors retired yesterday
morning shortly after IL o'clock they pro-
ceeded to the election of a foreman
Thomas B. Cess, No. /, being selected
Then came the first formal ballot, which
resulted:
Not guilty, s; guilty 2; blank, 2.
The blank ballots were cast by Fore