The Washington herald., 1907-07-28

Boise, Idaho, July 2z.-The jury in
whose hands rests the fate Of W. d. Hay
wood has been out since II O'Clock
Cmountain ume). After strenuous night.
they are still locked up in the jury room.
one rumor that escaped from this room
to-day is that Samuel T. Russell had
been elected foreman. Another is that the
jury on first ballot stood seven for ac-
quittal and hve for conviction.
Tonight It is rumored that the jury
stands eight to four for verdrt Of mur-
der tn the second degree.
Each Of these rumors. however. is i'm
possible OF confirmation, as the utmost
precautions were taken by tie court Off
GERS to prevent any news of the jury's
deliberations from becoming public.
Guards We're stationed to keep any one
from getting TO the floor Of the jury room,
and no one was allowed 20 approach that
side Of the building on the G Ide
Jurors suffer from .seat.
Occasionally one of the jurors could be
seen FROM the street standing or sitting
at one Of two little windows that open
upon the jury room Just before it got
dark Levi Smith took up his position at
one Of these windows He was in his
shirt sleeves, and was pulling at his pipe
and gazing out Of the window to the
southwark to Denver. He had the air
Of a man whose mind was made up, and
was content to let the Others do the
fighting.
The jury room Is a box OF a place. and
as the thermometer stood all day in the
nineties, the jurors must have suffered
tortures, especially as many Of them are
well along IN years Juror Robertson,
one Of the two Scotchmen on the jury.
seemed to be very feeble, and another
juror had to help him UP and down stairs.
Two hours later Judge Wood ordered the
jury moved to q larger room down stairs.
where be thought they would be more
comfortable.
The case went to the jury a few min
utes after II o'clock this morning Judge
Wood read his charge when court re-
convened at 10 o'clock, and as soon as
he had finished the jurors tramped across
the hall and were locked IN.
Call Judges Charge Fair.
The lawyers for the defense followed
the reading of the charge with the closest
interest. As it proceeded their faces
frightened. and at its conclusion they
were obviously little less than jubilant.
After court had declared a recess until
2 o'clock, both Richardson and Darrow
told the reporters taat they had no com
plant to make. and that they considered
Judge Woods charge one OF the fairest
they had ever heard
Ii was clear that this was an under
estimate of their real feelings Through
out the ranks OF the Federation SYM
pathizers here a feeling Of hope prevails
that did not exist before the Jury was
charged. When Senator Borah closed his
address last night Haywood's lawve,
We're pretty blue, but they felt much bet
ter to-day after Judge Wood got through
That part Of the charge which Is sun
posed to be particularly favorable to the
defense is the one relating TO the credit
to be given to the testimony of an ac-
complice and the consideration to be given
to the treatment lie has received at the
hands Of the State The testimony re-
lating to a possible promise of immunity
was also commented on by the judge
much to the JOY of the defense
Whiskered Juror Wants 10 Know.
AS the day passed away and no word
came from the juryroom, the hopes OF
the defense increased. They argue that
this indicates a disagreement, which is
the most-they have hoped for.
II took Judge Wood almost forty-fve
minutes to read his Instructions. He was
interrupted once by Juror sam Russell.
who has those joy-bringing whiskers.
Russell wanted the court to repeat the
reading of the passage dealing with the
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