The Washington herald., 1907-07-06
HAYWOOD The NEXT
May Go on the Stand Mon
day Morning.
JURY IS GROWING RESTLESS
One Juror, However, "Never Had a
Better Time"-Lawyers VIII Pre-
fore Court RecOnVenes-AfidaVi
from Frisco to BE Presented.

Boise. July Upon adjournment this
afternoon until Monday morning. counsel
for Haywood announced that with the ex-
ception Of Haywood and Meyer and some
dispositions from San Francisco. the de
fense would offer no more witnesses OF
testimony on its direct case
The dispositions deal with the Bradley
explosion, and have been sent from San
Francisco, but have not yet arrived. It is
expected that they will be here Monday,
and will then be read 10 the jury if they
are admitted in evidence. This and the
examination of Haywood and Meyer, if
the latter is placed on the stand, will
probably not occupy more than two days.
After that the State will begin its rebut-
tai This will take several DAYS more.
and there Will then be three or four days
Of talk, so that it is not likely that the
case will get to the jury before July %,
Judge Wood has requested counsel for
both sides to prepare as soon as possible
their prayers for the charge 20 the jury
This will be done before Monday morning.
Judge Wood will examine the requests
and let the lawyers know what his action
viii be regarding them before they start
in upon their arguments. This is expected
20 save much time by preventing the law
yers from arguing upon points or evil
dence which they know the judge viii in
struct the jury not 20 consider.
Jurors Air Complaints.
Just before adjournment this afternoon.
Judge Wood said that some Of the jurors
had been complaining that they did not
set enough exercise. Juror Samuel F..
Russell who has whiskers that are the
pride Of Ada County. spoke up and said.
You see, judge, most Of us Ike a little
exercise now and then, but some of us
don't want any. and the b3iliffs won't let
any Of us go out without the rest"
Judge Wood said that the Supreme
Court of Idaho has upset three or four
verdicts on the ground that the jurors had
been allowed To separate. and that il was
necessary 90 be very strict on that line.
Lawyer Darrow said that the defense
would agree TO any stipulation that would
allow some Of the jurors TO exercise under
the eyes of some Of the bail.ffs. while the
rest stayed at home with other baiins
Then Juror A. ?. Burns remarked:
''I want to know what right the bailins
have % impose on the jUrors2 II one OF
US just happens 20 step across the side
walk they tell us We're out Of order
IF the baiIiffs impose on the jurors.
We'll have to get some new bailiffs.
said Judge Wood, smiling.
Ono Juror Having Picnic.
"Ain't nobody been imposed on. judge.
chirped up little Jamie Robertson. who
occupies chair No. g. Il never had a bet
ter time In my life"
Il all passed OF in a gale Of laughter,
but all the same the incident indicated
that the long trial is getting on the
jurors nerves. and that they are not as
serene In mind as might be desirable
i'm twelve men who have pretty soon TO
decide one 0f the most momentous ques-
tions ever left 10 any American jury.
The days evidence was not In any way
exciting. II included several witnesses
who told more tales about deportation
days ir Cripple Creek, another who testi-
fed 20 seeing Orchard with x. c. Sterling.
the Mine Owners Association detective,
early in 1894