The Montgomery advertiser., 1907-07-28
called on the telephone in case the jury should arrive at a verdict.
 Charge to Jury.

SHOuIu dET1F0 dt q ScEufts
 Charge to Jury.
 Judge Woods charge and lnstruc- tions delivered to the jury in the Hay wood case tnls morning were Iehsthy making about 1,20O words
 Before delivering his instructions Judge Wood said:
 Gentlemen of the jury: The evidence in the case has been introduced and the argument of counsel being com plete 1t now devolves upon the court to instruct you in relation to the law of the case. but before doing so, l de- sire to join with the counsel for the State and the defendant in congratulat- ing you upon the approaching termin- ation of your duties and 1 also wish to extend to you and each of you the thanks of the court for the attentive manner in which you have thus far per formed your duties as jurors in this case.
 You have been selected to this re- sponsible position and for the perform ance of this important duty from Q very large numb.f of your fellow cit izens after long. painstaking and most thorough examination by able counsel. The oath which you took as jurors when sworn to try this case imposed upon you the most solemn duty that devolves upon a citizen. that of sitting in judgment upon your fel- low man.
 You have been called here at the busiest season of the year and per haps when many of you could not well afford to be absent from your respec- tive vacations. but the duties here i'm posed are necessary and essential un- der our syster, of government and If any of you consider the performance of this duty a burden or & hardship. you should feel fully recompensed therefor in the fact that your se- lection to try this case from the very large number of jurors examined Is a splendid testimonial Of your citizen shap and should be accepted as a guarantee that you will give the case that conscientious consideration which the law imposes upon you when you take 1t with you to your jury room for final action thereon"
 Not To Consider Adams.
 After the customary instructions as to the general duties of the jurors as to the law and evidence, Judge Wood instructed the jurors in accordance with his ruling some days ago after argument by counsel as to the admis- sibility of the evidence bearing upon the connection of Steve Adams with crimes committed in Northern Idaho This evidence and also that introduc-
  ton in Colorado and the employment of Pinkerton detectives by the mine owners, Judge Wood instructed the jury not to consider on the ground that no prior connection had been made in either case.
 Instructions as to the necessity for clear and conclusive proof beyond any reasonable doubt of every material fact were followed by the quoting of ~ ss,.l li.k t,t Nx. gether with Mover and Pettibone was arrested. On this subject, Judge Wood said:
 There are three counts in the in- dictment, but the substance of each of them is the unlawful. wilful. delib- crate. premeditated and felonious kill Ing of the said Frank Steunenberg with malice aforethought. The essen- tial clements of the offense charged in the indictment consist of the follow ing features:
 "First. there must have been a kill ing; second. that killing must have been unlawful: third. it must have been wilful: fourth. 1t must have been deliberated upon: fifth. 1t must have been premeditated: sixth. 1t must have been accompanied by malice in the mind of the person or persons doing the killing and unless these features. and each and every one of them are proven to your satisfaction beyond a reasonable doubt. this defendant can not in any event be convicted of mur- der In the first degree"
 The language of the statute is given as to the murder in the first and scc- ond degree. in involuntary and vol untary manslaughter"
 On Reasonable Doubt.
 Continuig Judge Wood said:
 "The court instructs the jury that under the law no jury should convict a citizen of crime simply because there is strong reason to believe he is gull ty; but before the jury can lawfully convict they must be convinced of the defedants guilt beyond all reason able doubt
 If 1t is possible for you to reconcile the facts in this case upon any reason able theory consistent with the inno- cence of the defendant William D. Haywood, 1t Is your duty to do SO and find the defendant not guilty.
 "I further instruct you gentlemen of the jury that while proof has been ad mitted of the commission of other crimes by the defendant and his asso- ciates and tending to prove the admis- sion of such of other crimes by them that 1t has only been admitted for the purpose of showing the existence of a conspiracy to accomplish certain ob- jects and that such crimes and the crime resulting In the death of ex- Governor Steunenberg as well. were all incidents of such conspiracy: but you must not forget that the defendant Is being tried for the murder of Frank Steunenberg and for that crime alone. But you are privileged to take such other matters into consideration as part of the evidence in the case and as incidents and circumstances bearing upon the question of his guilt upon the charge of the murder of Steunen berg.
 Steunenberg The Man.
 'It makes no difference. however, in this case with the crimes have been committed in Colorado, in the Couer dAlenes or elsewhere. or who Is re- sponsible for the commission of such crimes If any there be. The defend ant cannot be convicted unless the State has established beyond reason able doubt that he Is guilty of the fe- lonious Killing of Steunenberg.
 "A conspiracy within the meaning of tho criminal law consists of a combi- nation of two or more persons for the purpose of accomplishing a criminal or unlawful object. or lawful object in an unlawful manner. As applied to this case and under this Indictment proof of conspiracy is only proper in- solar as 1t may tend to show a com mon design to encourage the particu- lar murder charged against the de- fendant and it can only be introduced for the purpose of establishing the po- sition of the members of the combine as accessories to the crime of murder
 "lt Is not essential to the formation