The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-07-29
when first apprised of the verdict, said:
I feel glad for Haywood's mother"
Statements by Jurors.

statements by Jurors.
Inquiry among the Jurors after their dis
missal, revealed some of the elements
entering into their decision Samuel D.
/ Gilman, the last man to be won over to
4 the defense, declared that a majority of
the men seemed convinced that the gem
/ eral tone of the courts instructions indi-
Gated that the defendant should be freed.
/ tlnley Mclean, who voted consistently
TOR aeduittal from the first. declared that
me JUDGES instructions seemed to settle
| all DOUBT as 10 the course he should take.
Juror James Robertson, the good-natured
/ Seotchman, al whose house here in Beise
/ GeFernOr SteuHenberg boarded for more
than two years, said i couldn't reconcile
faSselt TO voting any other way than
with the defense from the very first. and
think that under the law and the evil
dence there was nothing else for us to
do. The last fellow who held out against
acquittal belongs TO the same fFaternal
organization that | do. There was SEINE
talk of a compromise on a second degree
verdict but we wouldn't stand for that
| II either had to be aeauittal or 1 would
have STAYED there forever"
juror Samuel +. Russell the senior
member of the panel, said:
Nothing Against Haywood but sus-
picion.
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 ID. Gilman. juror No. 3. said:
Il cannot point out any particular in
stTuction that seemed to decide the boys
on a verdict OF not guilty. I do not
think there was any particular tnstruc-
ton that they debated over. L believe
1t was the instructions generally. They
couldn't seem to make head or tail to
them, but were convinced that the gen
eral tone indicated that the defendant
10 think the instructions were very strong
regarding cOfrObOratiVe testimony and
some said that they could not be clear as
10 The reasonable doubt"
Could Not Believe Orchard.
There are many in Boise who incline to
the opinion that controlling influence
with the jury was their disbelief of Or
chard Haywood's counsel; in ali of their
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 immunity by
some one connected with the prosecution
and called attention to the fact that he
had been treated with the greatest of
consideration by the penitentiary author
tiles since his confession was made to
a Pinkerton detective. Judge Wood in
his charge warned the jury to view Or
chard's testimony with great caution and
as a 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
necessary however. he added, that the
cOrroboTatiug evidence should prove
every point.
In the days of jury-selection a vein of
prejudice against Orchard was uncovered
Unexpectedly when the trial panel was
more than half completed One of the
proposed jurymen volunteered as an ex-
cuSe the information that he would not,
could not, believe Orchard under any cir
cumstances- This was a cause for his
challenge and removal, and thereafter the
attorneys for the state inquired careful
~ into the matter of antipathy to a con-
Tossing witness.
BalIoting in Jury Room.
When the jurors retired yesterday morn
ing shortly after IL O'Clock they pre-
ceeded to the election of a foreman,
Thomas B. Cess. No. I. being selected. |
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, both farmers |
The second vote was to 8, Cess going /
over TO the majority. Then Burns Joined
in, making it 10 to 2. Here the jury re- |
manned in a deadlock for twelve hours. |
the two men insisting upon conviction in /
some degree being Thomas Powell and |
Samuel d. Gilman. ranchers- The jurors |
in favor of acquittal took turns In ar |
guing with the recalcitrants. Once during !
the long debate the doors of the jury 1
room stood open, Mr. Powell could be I
seen seated at the table porting over a /
copy of Judge Woods instructions. At
$3.50 a m. he succumbed and then all the |
turymen turned in for nap 1t was a
little after o'clock when Juror Gilman !
was aroused with the announcement that /
another vote was about to be taken
We'll" he said IF anybody would |
stick with me / would stay here as long |
as any Of the rest of you, but as 1 am
alone / will fall in with your wishes"
The vote was cast and William d. Hay
wood was declared acquitted of all COM !
plicity in the death OF former Governor
Steunenberg.
Court Called TO Order.
Judge Wood was telephoned for at 40
a. m. and arrived at the court house
twenty minutes later. The attorneys for
defense and prosecution were slower and
did not arrive until just before o. clock, |
Mr.. barrow being the first. Haywood en-
tered court at 7:45 and smiled his Gus
tomary greetings to counsel and news
paper 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. Judge Wood took his
place on the bench at 7;54 o'clock and four
minutes later the tired, bedraggled, worn !
out jurors filed in. Haywood sat with |
of his arm chair-a CHARACTERISTIC atti- /
tude As the clerk began to call the
roll the silence in the big court room /
was painful. The tick of the clock on |
the wall sounded like blows from a
Then came the voice Of Judge Wood, |
gentlemen of the jury. have you
agreed upon verdict?''
Haywood turned his single eye upon the |
twelve men.
I'VE have" came the response from
Foreman Cess who handed a plain white /