The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1907-07-28
No Report Is Anticipated in
Reference to the Fate of
Haywood Before Some
Time Today.
SECRETS OF THE JURY
ROOM CLOSELY GUARDED
All Persons Are Kept Away So
That the Arguments Can
Not Be Acknowledgements
Mother Overcome.

Boise, Idaho, July 27-S p. M
Judge Wood in the chambers and thu
newspaper correspondents are sittin;
out the Haywood jury. 1t is expected
to be an all night vigil. The cour
will remain in informal session unit
midnight, after which the Judge, law
yers. defendant and others are to be
called IL the jury reaches agreemen
between IL o'clock and daylight
There is an uncorroborated rumor tha
the jury stands to 5 for acquittal
Juror Roberts is in a bad way from
heat and fears are entertained that ht
might succumb and thus bring the
long trial to naught.
Boise, Idaho, July 27.-The jury
which got the Haywood case at II
O'Clock today will undoubtedly re
main out all night. The secrets oi
Bailiffs keep everybody away from
the corner of the court house where
the jury room is located SO that ar
guments cannot be overheard. The
old men on the jury may collapse at
any minute.
Haywood's Mother Overcome.
Mrs. Garruthers mother of Haywood
was given opiates at the hospital. She
is hysterical and overcome by the
long strain and heat. Attorney j. HI.
Murphy of Denver, many years coun-
sci for the Western Federation of
Miners is dying at the hospital in the
last stages of consumption.
Boise. Idaho, July 27.-Judge Ere
mont Wood today delivered his charge
to the jury, into whose keeping was
given the fate of William d. Haywood
secretary and treasurer of the Western
murder of former Governor Steunen-
berg. of Idaho.
The jury retired at II .O4 and court
adjourned until O'Clock. AS the jul
rors left the box Judge Wood said
Gentlemen I would suggest that you
take your chair cushions with you
This advice was accepted. The Idaho
laws provide that a jury may render
its verdict in open court on Sunday or
at any time of the night or day.
The court room was half filled when
the jury filed in shortly before 10
o'clock. Haywood came in smiling
and bowed a salutation to his wife, his
mother, his two daughters and his sis
ter, the entire family being present.
As Judge Wood took the bench the
twelve jurymen who sat directly in
front of him. wheeled in their chairs
turned their backs upon the defendant
and his attorneys and listened attent-
lively to the long charge.
Choice Of Five verdicts.
He gave to the jury the choice Of
five verdicts, as follows: Murder in the
first degree. murder in the second de-
gree, voluntary manslaughter. involun-
tary manslaughter. acquittal.
The charge contained sixty-six in
structions. Judge Wood dwelt at
length upon the laws of conspiracy and
the value of the evidence given by an
accomplice
"The law views such evidence with
distrust" he declared, land it should
be received by the jury with caution
and scrutinized with great care And,
II from the evidence it appears that
any favors have been extended by the
authorities to Orchard and there is
any promise relating to further favors
on account of his testimony, they are
proper matters for the jury to take in
to consideration
Leans Toward Defense.
Judge Woods charge was long. con-
tanning more than 10000 words. and
covering the case. from almost every
viewpoint 1t was regarded by both
sides as eminently fair If anything.
it was the concensus of opinion, that
the court leaned to the defense
In regard to the corroboration of
Orchard, Judge Wood said that the
jury should test the value of such evil
dence by eliminating his testimony
with view to ascertaining If there
is Independent testimony tending to
connect the defendant with the offense.
This corroborating evidence the
court continued, need not be sufficient
of itself to establish the guilt of the
but it must tend in some de-
gree to implicate and connect the de-
fendant with the commission of the
crime charged"
Further along in his charge. Judge |
Wood said: If it is possible for you to 4
reconcile the facts in this case upon
any reasonable theory consistent with |
the innocence of the defendant. Will !
liam D. Haywood, it is your duty to