The Idaho recorder. [volume] (Salmon City, Idaho) 1886-1927, 1907-08-01

convinced that the general tope OF
the courts instructions indicated
that the defendant should be freed.
Finley Mclean, who voted consist
antly for acquittal from the first, de.
clared that the judges instructions
seemed to settle all doubt as to the
co1tse he should take.
Juror James Robertson, the good.
natured Scotchman at whose house,
here In Boise, GOV. Steunenbere
boarded for more than two years.
said; II coui1n't reconcile myself
TO voting any other way than with
The defense from the very drst and /
think that under the law and the
evidence there was nothing else for
Us 10 do. The last fellow who nelri
out against acaulttal belongs 70 the
same fraternal organization that |
do. There was some talk OF y com.
promise on second-degree verdict,
but We wouldn't = stand for that-lt
either had 70 be aoquittal or would
have stayed there forever.
Juror Samuel y. Russell. the senior
member OF the panel, said: There
was nothing against Haywood but
suspicion and inference, and when
We came TO dosetail the evidence In
the juryroom 1t didn't seem somehow
TO III. -
Samuel d. Gilman, Juror No. ),
said: II cannot point out any par.
ticular instruction that seemed to
decide the boys on verdict OF not
guilty. do not think there was any
particular instruction that they de.
bated over. | believe IL was the In.
structions generally. They couldn' I
seem to make head or tall Of them,
but were convinced that the defend
ant should he freed. Some OF them
seemed 10 think the instructions
were very strong regarding corrohor.
ative testimony aud some said that
they could not be clear as TO the rca.
sonable doubt.
There are many Ia Boise who In
cline TO the opi"ion that conrtol.
ling influence with the Jury was the
mis-belIef Of. Orchard. Haywood Is
counsel In all Of their arguments
heaped abuse on Orchard and told oi
the general contempt In which All
classes held such man as he. The
attorneys played upon the probabll-
ity that Orchard had [ cen promised
immunity bY some one connected
with the prosecution and called at.
tention 10 the fact that he had been
treatsed with the greatest OF consid.
Grafton by the penitentiafy author.
ities since his confession was made
to Pinkerton detective. Judge
Wood in his charge warned the Jury
to view Orchards testimony with
the great caution and an test OF the
corroborating evidence suggested
that the story told by Orchard he
laid aside and the remainder OF the
evidence viewed In that light. IL
vas not necessary, he added. that
the corroboratipg evidence shouts
prove every point.
Ia the days OF jury selection vein
OF prejudice against Orchard was IN.
covered Unexpectedly when The trial
panel was half completed. This was
cause for Jurors challenge and his
removal after he had stated that
nothing could make him believe Or.
cbard's story. When The jurors re.
tired yesterday morning shortly after
eleven O'Clock they proceeded To- The
election OF foreman, Tbomas u.
Cess. NO. l.. being selected. Then
cane the hrst ballot. which resulted !:
Not Gguilty, eight; guilty. two;
blank. two. The blank ballots were
cast by Foreman Cess and A. r.
Bufns. both farmers.
The second vote sss nine To three,
Cess going over to the majority.
Then Burns Joined Ia, making II
ten 70 two. Here the Jury remained
st a deadlock for twelve hours. the
two men insisting % conviction 10
some cegree being Thomas Powell
and Samuel d. Gilman, ranchers.
The jurors In favor Of aeeuittal took
turns IN arguing with the recaleit.
rants. Once during the long debate
a. The doors OF the jury room stnod
open Mr.. POWELL could be seen seat.
ed at the table porting over a copy Of
Judge Woods instructions. AT 3 Loo
q. M. be sDccgmbed and then all The
Iurymen turned in for nap. IL Was
little after SIX O'Clock when Juror
Gilman vas aroused 1ith the an.
nouncement that s"iher vote was
about 10 he taken.
"well," be said, ''lf anybody
would stick with me would stay
here - long ss any Of the rest Of you
but ss | an alone. win fall In with
your wishes. -
The vote vas east and William u.
Haywood was declared acquitted OF
all completely In the death OF former
Goy. SteBnebberg.