The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-27

held out to him that if he testified
against the defendant he would not be
prosecuted or punished, then the Jury
should take such facts into considera-
ton in determining the weight which
ought to be given the testimony so
obtained. Such testimony should be
received by the jury with caution and
scrutinized with great care.
And if from the evidence it appears
that any favors have been extended
by the authorities of the state of Idaho
to the witness. Harry Orchard, and
there is any promise, either expressed
or implied, relating to further favors
to be received by him on account of
are proper matters for the considera-
ton of this jury, as affecting the cred
Utility of his testimony.
The Magazine Articles.
Certain articles have been received
in evidence from the Miners Magazine
for the sole purpose of determining
whether or not any motive existed
upon the part of the defendant to par
ticipate in the offense charged in the
indictment and not for the purpose
of establishing in any wise the COM
mission of such an offense.
THE jury is further instructed that
by statutory provision the defendant
in criminal case is made a competent
witness in his own behalf. and where
he testifles, as in this case, becomes
witness. and his testimony must be
tested by the same rules tests that
are applied to other witnesses, and
the jury may take into consideration
the interest he may have in the case
in determining the weight to be given
to his testimony.
I'm conclusion, you are to determine
the question as to whether or not the
defendant killed and murdered Frank
Steunenberg as charged in the indict-
oid Lii
ing. If so, you should find him guilty;
if not, you should find him not guilty.
Under the indictment in this case
the defendant may, If the evidence
the first degree, murder of the second
degree, or manslaughter.
Gentlemen of the jury, the court
now delivers this case into your hands.
1t is your duty to consider it and de-
liberate up On it without fear and with
out favor. If the evidence shows that
any individual or individuals, any per-
sen in any private or official capacity,
or any class or classes of people are
interested in any way in the conviction
or acquittal of this defendant, such
fact or facts should not be considered
by you or have any influence upon
your deliberations. You are here to
try and determine this case between
the state of Idaho and the defendant,
William D. Haywood.
"I herewith submit for your consid-
era ton appropriate forms of Verdicts
suitable to any conclusion you may
reach"
The Jury Rctires.
The jury retired to consider its YER
dict ut 1904 a. m. and Judge Wood
Immediately ordered a recess until
D. m. The reading of the judges
charg; and instructions required just
an hour and at the end of that time
the twelve jurymen filed from the
room in custody of Sheriff Hodgins
and six bailffs.
Haywood listened with character
istic stoicisn to Judge Woods lengthy
charge, and when the jury retired he
went back to his cell with a confident
smile about his lips.
As he was about to leave his gray
haired mother rushed up and kissed
him.
No one ventured an opinion as the
jury retired as to the length of time
that would be required in arriving at
a verdict.
At 1918 Judge Wood gave instruc-
items to have he jury taken out to
luncheon. At that time they had been
celebrating for an hour and fourteen
minutes, and as they left the jury room
gagged in animated but apparently
sood-naturad discussion AS mat
ter of fact the discussion began almost
before the jury room doors were
closed after the jurymen first retired
The only discussion heard about the
court room following Judge Woods
charge was to the effect that the de-
PENDANT had received strongly the
benefit of every doubt in the judges
mind as to the law applicable to the
case.