Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-07-29
an doubt as to the course he should

isdiuItu oNOtCillldH at WIOSc MUSE
here in Boise Governor Steunenberg
boarded for more than two years, said
Il couldn't reconcile myself to voting
any other way than with the defense
from the very first and | think that
under the law and the evidence there
was nothing else for us to do. The
last fellow who held out against ac-
quittal belongs to the fraternal organ
ization that | do. There was some
talk of compromise on the second
degree verdict, but ! couldn't stand foe
that--it either had to be acquittal or
| would have stayed there forever"
Juror Samuel r. Russell. the senior
member of the panel, said. "There
was nothing against Haywood but
suspicion and inference and when we
came to dovetail the evidence in the
Jury room 1t didn't seem somehow u
fit"
Samuel d. Gilman, juror No 8, said
II cannot point out any particular
instruction that seemed to decide the
boys on a verdict of not guilty | do
not think there was any particular In
struction they debated over. | believe
1t was the instructions generally.
They couldn't seem to make head nor
tail to them but were convinced that
the general tone indicated that the de-
them seemed to think that the instruc-
tions were very strong regarding cor
roborative testimony and some said
they could not he clear as to the reas-
enable doubt"
Orchards Testimony Disbellcved.
There are many in Boise who in
cline 20 the opinion that controll-
ing influence with the jury was their
misbelief of Orchards testimony. Hay
woods counsel in all of their argu-
ments heaped abuse upon Orchard and
told of the general contempt in which
all classes held such a man as he.
The attorneys played on the proba"
bility that Orchard had been promised
| immunity by some one connected with
fhe prosecution and called attention To
| the fact that he had been treated
hwith the greatest of consideration by
the penitentiary authorities since his
confession was made to a Pinkerton
| detective. Judge Wood in his charge
! ordered the jury to view Orchard :
| testimony with great caution and as 4
test of the corroborative evidence sug.
gested that the story told by Orchard
be laid aside and the remainder oi
| the evidence viewed in that light II
was necessary, he added that the cor
roborative evidence should prove every
point
In the days of jury selection a vein
of prejudice against Orchard was un-
covered unexpectedly when the trial
panel was more than half completed
One of the proposed iurymen volun-
] teered as an excuse the information
| that he would not, could not believe
| Orchard under any circumstances
/ This was cause for his removal and
thereafter the attorneys for the state
inquired carefully into the matter OF
antipathy to a confessing witness.
When the jurors retired yesterday
morning shortly after IL o'clock they
proceeded to the election of a fore
man, Thomas B. Gass, No. |, being So.
| lected. Then came the first formal
ballot, which resulted
Not guilty, s.
Guilty. 2.
Blank, 2.
The blank ballots were cast by Fore.
man Cess and A. p. Burns both far.
ners. The second vote was to 3
| Cess going over to the majority.
| Then Burns joined in. making ii Il
to 2. Here the jurv remained at {
deadlock for twelve hours. the two
men insisting upon conviction in somt
degree being Thomas Powell and Sam
uel Gilman, ranchers. The jurors II
favor of acquittal took turns in argu
/ ing with the recalcitrants
! Once during the long debate as tht
/ doors of the jury room stood open
Mr.. Powell could be seen seated at tn
table, porting over a copy of Judg,
Woods Instructions, At $3.50 a. m
! he succumbed and then all the jury
men turned in for a nap 1t was lit
tie after o'clock when Juror Gilman
was aroused with the announcement
that another vote was about to h'
| taken. We'll" he said, "if anybod!
would stay with me, | would stay here
as long as the rest of you, but as / an
alone | will fall in with your wishes.
The vote was cast and William d
Haywood was declared acquitted of al
completely in the death of fOrme
lGovernOr Steunenberg.
Judge Wood was telephoned for n
7:10 a. m, and arrived at the court
house twenty minutes later. The at
torneys for the defense and prosecu
ton were slower and did not arrive
until just before o'clock, Mr.. Oar
row being the first. Haywood enter
ed court at 745 and smiled his Gus
tOmary greetings to counsel and news
papermen. Asked as to how he felt
he declared VERY we'll indeed"
Tie Hdu idlu uUNH ilUNl III lilt Hlklf
and had had some sleep. Judg
Wood took his place on the bench a
1854 o'clock and four minutes late
the tired. bedraggled, worn-out juror
filed in. Haywood sat with his righ
elbow hung over the back of his arm
chair--a choice attitude. As the elerl
began to call the roll the silence II
the big court room was painful TIL
tick of the clock on the wall soundel
like blows from a sledge.
Then came the voice of Judge Woo
asking:
Gentlemen Of the jury, have yo
agreed upon a verdict2"
, Haywood turned his single ey
upon the twelve men.
I'VE have" came the response fror
Foreman Cess. who handed plat
white, official size envelope to tn
court.
Judge Wood delved into the envel
ope, hestated. looked again. and the
In amazement said:
There is nothing In here"
There's the right envelope in you
pocket said Juror Russell to tn
foreman.
+ THE Formal Verdict.
The foreman was palpably nervou
; and this added materially to IN
strain felt by all In the court room
} The second envelope was handed ul
: Judge Wood glanced at II and tosse
: the paper to the clerk, who read:
State Of Idaho against William /
Haywood. We, the jury. In the abov
, entitled cause. find the defendan
William d. Haywood not guilt,
Thomas II. Cess. Foreman"
/, Then the congratulations In III
midst of which Judge Wood said
THE defendant viii be discharge
: and the jury dismissed for the term.
I a.