The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-07-28
HAYWOOD CASE
IN JURY'S HANDS !
Judge Wood Charged the
Jury and Gave Them
Case at 1904.
IURYMEN ASKED
FOR EXHIBITS
Haywood's Mother Collapsed,
and is Now in a Hospital,
Suffering from Nervous
Prostration Kissed
Her Son as He
Went to Cell.
NO VERDICT AT 4 O'CLOCK
JUDGE RETIT,Es FOR NIGHT

NO VERDICT AT O'CLOGh
JUDGE RETII,Iss FOR NIGHT
1t BOISE, IDAHO, July c7.-,Jndges
Wood mt 10 o'clock went to his
home, leaving Instructions to be
called on the phone In case the
jury should arrive mt verdict. 95
BOISE IDAHO. July 27.-Judga
Wood completed charging the jury at
1859 A. NJ. The courtroom was cleared
at III o'clock. The jury retired at
11:O4. Recess was ordered at 1903 \
until ~ p. NJ.
Judge Wood, In his charge, gave the e
Jury the choice Of five verdicts. as 7
follows
Murder in the first degree with q
penalty Of death; murder In the se-4.
cond degree, with penalty of ten
years to life imprisonment; voluntary
manslaughter, one to ten years NJ 4
VOLUNTARY manslaughter, with a PEN
lalty of one to ten years; and not
guilty.
Asked for Exhibits. s;
shortly before o'clock this after
noon the Haywood jury sent a written
request to Judge Wood for some Of
the exhibits in the case. Tho judge
would not say what exhibits were
wanted. but they We're immediately "
sent into the gjuryroonl- s
+ The dscussion&of the case IL 8 going
on quietly,a q glimpse Of the room
showing the jurors lounE&ng about In
l3cOnforta BILE attitudes.
Later 1t was announced that the ex-
I{hibits furnished the jury included the
1 telegrams sent by A-.orney Fred.
Miller, Of Spokane, to Orchard at Cald-a
we'll, the telegram sent by Jack Siplp-
| Ikins to Haywood saying he could not
/ get a lawyer to defend Orchard, the
|8Pettibone letter to Orchard at Cal d.
i we'll and the six drafts sent3ll9y u ay-g
wood to Simplilns IN December, 800.
All Of these exhibits bear directly
4 on the Steunenberga murder. and ore
a part OF the evidence of the conspir-
acy alleged by the State. d
Mother Protrnctcd. B
Mrs. Eta Carruthers, Of Salt Lake
! City. mother Of VIM. Haywood, col-
Ialapsed this afternoon. and is now a
patient in st. Luke's Hospital. suffer-
ing from nervous prostration. Mrs.
j IaCarruthers has felt the strain of the Il
trial more keenly than any other
member of the prisoners family.
B day as the jury went out and
her son went back to his cell she 4
sprang up, threw her arms about his
f. Judges Instructions.
4 & After the customary instruction as
Ito the general dutie. Of the Jurors as
tt, the law and evidence, Judge Wood
INSTRUCTED the Jurors In accordance with
i his ruling made some days ago. after
/ argument by counsel, as to the adm1s-6
sibility OF the evidence bearing on thel
connection Of Steve Adams with crime
committed In Northern Idaho.
/ This evidence, and also that intro-f
/ duced by the defense regarding depor-
/ tations in Colorado and the employ
1nent or Pinkerton detectives by thel
mine-owners, Judge Wood instructed
the jury MOTTO consider. on the ground,
/ that no prior connection had been
made in either case.
| instructions as to the necessity for
clear and conclusive proof. hey ond any
! reasonable doubt, of every material fact,
4 were followed by quoting the indict-4
/ mcnt on which Haywood. together with
! Moyers and Pettibone was arrested
On this subject Judge Wood said
1.-THE essential elements of the otfense
/ charged In the Indictment consist OF the
| following features:
I, NThere must have been a killings;
| that the killing must have been un-b
4llawful;.i 1T must have been wilful; it
1 must have been deliberated upon;5it2 &
| must have been premeditated; 1t must
l have. been accompanied by malice IN
! the mind of the person Or persons do
/ ing the killing, and unless these fea-
1 lures and each and every one of them
are proven to your satisfaction be-
i yond reasonable doubt then the
1 defendant cannot in any event be con-
victed OF murder in the first de- &
gree
/ The Judge continued: IT further In
struct you, gentlemen OF the jury. that
1Y,,if ftrJa af,F
! commission of other crimes by the de-
fendant and his associates and tend,
ling to prove the commission of such
| other crimes by them that 1t has Only
been admitted for the purpose of
i showing the existence of a conspiracy
to accomplish certain objects, and that
such crimes, and the crime resG'ing
IN the death of eX-Ciovernor$ tecner,-.
berg as we'll, were all incidahta of
such conspiracy; but you must not
forget that the defendant Is being
| tried for the murder of Frank SteNnen-$
/ berg, and for that crime alone. Rut
i you are privileged to take such ether,
matters into consideration as part OF
4 the evidence In the case and as intl.$
! dents and circumstances bearing upon
the question of his guilt upon the
charge of tho murder OF SteunenberG,$
AZ to Formal Agreement
"It is not essential to the formation
1 OF II conspiracy that thare should be
formal agreement between the par
1 ties to do tho act charged. lt IS SUN
4 Client IL the minds OF the parties meet
4 understandlnsly SO as 70 bfinB about
an intelligent and deliberate agree
4 meut to do some acts and commit the
i crimes charged, although such agree
ment is not manifested by any formal
words An act done by a party tu
4 an unlawful conspiracy in furtheraEcs
thereof and naturally flowing from
the common design. is the act OF each
4 and all Of the conspirators, and where
Itmurder is committed as the result af
!. such conspiracy. each one of the
consp!ratoys, even though ha was not