The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-29

his hand In and pulled out the cards, though,
and you never saw such a surprised man.
Levi smith was another juror on whom
the instructions Of the Court had great
effect. W couldn't convict under Judge
Woods Instructions he said. W simply
did you believe the testimony Of Harry
Orchard?" he was asked.
~Yes and no." ne replied Some Of 1t I
did, and some Of II I did not
DIDN'T LIKE ORCHARDS EVIDENCE.
Little Jamie Robertson, the gray wills
kered Scot, with whom Steunenberg lived
for two years while he was Governor, was
one of the big surprises OF the surprising
jury. When he got talking about the case
he said: >,
Steunenberg it was l, but you cant hang a
man on that evidence, and won't ever
stand for IT,"
o. f. Sebern, the lanky ranoher, who has
been supposed from the first to be favorably
disposed to the prosecution, appears to
nave been one OF the strongest fighters for
Haywood. He too made a speech soon
after the jurymen went out. He said he
! would rot before he would vote for a con-
viction. why" he Is reported to have said.
you wouldn't convict the devil on the evil
dence of such a scoundrel as Harry
Orchard" Sebern In the man who sat On
Inc luTY tnAt NOteu 10 HdDk 1OUl hOTDs Iuc
cattle bandit, in Wyoming some years ago.
The jury was out almost twenty-one
hours, but the last hour was spent in merely
waiting for the lawyers to get to the court
house.
II was 7 o'clock his morning when they
finally agreed TO let Haywood go free.
None Of the jurors knew Just how many
ballots had been taken. The nearest any
one Of them could come to 1t WAS to say
that they balloted fifteen or twenty times.
tn a. l. N -a--l a e. a--~AAN AL A
for murder in the first degree.
we took our first ballot almost as soon
as we got into the jury room. said Juror
Russell "and it was eight to two then.
The two who were for a conviction were
Jurors Gilman and Powell. Cess was not
sure. and he and Brns did not vote. Cess
was the first to come over To our side and
he was followed a few hours later by Burns.
Powell came in next, about , O'Clock. We
did not go to sleep at all, and we made
Powell read over the Courts instructions
time and time again before he finally came
around
DIDN'T BELIEVE ORCHARD.
Then you did not believe Orchards
testimony" asked a reporter.
Believe itf No" said Russell. Il
his own neck. And those that did believe
him couldn't do it under the law about the
testimony OF accomplices-'
Juror Russell seemed anxious to know
how the verdict would be received. How
do you think the Staten take itf" he as ked.
Finally Mclean, one of the two Scots
on the jury, gave out the same account as
Juror Russell of what went on in the jury
room. except that he ascribed the result
in a large measure to the instructions Of the
Court regarding the credit TO be attached
to he testimony OF an aocomplice and the
connection that must be established be-
tween Orchard and Haywood in order to
prove a conspiracy.
Perhaps the most extraordinary thing
about this extraordinary verdict Ia the
fact that the four men who at first stood
out for a conviction were the men who
above all were relied upon by the defence
and feared by the State. Powell especially
was supposed to have a leaning for the de-
fence. Burns. too, is the only man on the
jury who ever belonged to a abor union.
Sentiments expressed by other jurors lead
10 the conclusion that the jurors merely be-
lieved that Haywood might be guilty. but
that it had not been proven. One OF them
said that this passage in the Judges charge
was hat fixed him:
IF il in possible to reconcile the facts
upon any reasonable theory consistent
with this defendants innocence, 1t is your
duty to do 10 and acquit him."
Another passage from the instructions
that Is supposed to ave had great weight
is this one: "The jury is instructed that
when the proof OF a conspiracy Is circum-
stantial the defendants connection with II
must be established by evidence Of his own
acts and declarations, not those OF others
WILL PRESS OTHER CASES.
But the prison bars which Pettibone
TODAY said ware not now so close in his cell
are not much wider for him than they were
yesterday. The state will not abandon Its
fight because IL has been knocked to its
knees in the first round. As soon as Senator
Borah, Lawyer Hawley and q Gooding
had a conference this forenoon Senator
Borah made this
$50 far as Haywood IL concerned twelve
good citizens OF Idaho have acquitted him
and that settles IL. ] haven't any further
CONNER to make on that branch Of the
subject. But the cases against Pettibone
and Meyer will be pressed. II is probable
that Pettibone will be put upon his trial
about October in this county or some
other" .
said Gov. Gooding, -and I believe to all
citizens Of Idaho who have heard or read
the evidence in the case.
Il have lone my duty / a no regret
as TO any action have taken and my CON
science Is clear. Az long M God gives me
strength | shall continue my Efforts for
government by law and for organized
society.
The State will continue a vigorous
prosecution Of Meyer and Pcttibone and
There will be neither hesitation nor re-
treat"
That this is putting mildly the senti-
ments Of the Governor Of Idaho 10 certain
He was confident. like almost everybody
else in the city of Boise. that the most the
defendant could hope for was a disagree
ment. Tn result was stunning. II is
safe TO say that no result was ever reached
in a big murder trial that so ~astounded
nine-tenths Of all the PERSONS engaged
in 10. Before the Courts instructions were
pronounced IL was an oren secret that
the defence was extremely blue. Rumors
came flying thick and fast that barrow and
Richardson had quarrellei. zach OF them
I eing oispleased with the manner in which
the other had conducted his part Of the
case.
When Senator Borah finished his matter
full and brilliant mach ON Friday niuhf IL