Los Angeles herald., 1907-07-28
DEADLOCK is
NOT FEARED
BELIEVED HAYWOOD JURY WILL
REACH VERDICT
JUDGE lNsTRUcTs IN FAVOR OF
DEFENDANT
Tells Jurors to Take Orchards TestI-
mony Suspiciously-Court VIII
Remain in Session Until De-
cision Is Reached
By Associated Press.

By Associated Press.
) BOISE, July H.-In the small, bril-
liantly lighted jury room on the second
floor of the square, red brick court house
of Ada county the twelve men who for
many weeks have listened to the mass
of testimony offered against and in de-
Tense of William d. Haywood, secretary
treasurer of the Western Federation of
Miners, were wrestling at late hour
tonight with the problem of verdict.
Inside the big court room a group of
newspaper men sat and chatted with
Judge Wood and the court officials.
The general public was excluded early
in the day and stairways and passages
leading to the jury room were clisely
guarded.
1t was four minutes past II o'clock this
morning when the jury, after receiving
instructions which were decidedly in
favor of the defendant, retired to their
deliberations, and so far they have failed
| to agree upon any one of the five propo-
sitions laid down to them by the cours-
These were murder in the first degree,
murder in the second degree, voluntary
manslaughter, involuntary manslaughte-
and not guilty
When the luncheon and dinner hours
arrived the twelve jurymen, many of
them well along toward their allotted
terms of three score years and ten, were
escorted to the house where they have
made their home ever since the begin
ming of the trial, and there the meals
Il were served.
Too Anxious to Eat
! Less than twenty-five minutes was oc-
cupied with luncheon and but few
minutes more for dinner, the jurors
, being apparently anxious to return to
their duties with all possible speed.
Today has been one of the hottest of
) the summer and the southwestern ex-
posure of the jury room has made 1t
the target for the blistering afternoon
rays of the July
Once secluded from the formal atmos
J phere of the court room the Jurors
quickly stripped off coats and collars and
J prepared to make their confinement as
comfortable as possible.
) A glimpse into the room late today
showed the jurors lounging about in
comfortable attitudes and seemingly con-
tent with the progress they were making
Despite the long time the jury has
been out today there still exists hope
I among those who have followed the trial
s that some sort of a verdict may be
reached.
e jury Not Deadlncked
!. That affairs have not d me to a dead
: lock was indicated during the afternoon.
: when the jurors sent out request to
Judge Wood for some of the most i'm
! portant documents introduced into the
case as exhibits.
alleged conspiracy against former Gov
ernor Frank Steunenberg, for whose
murder Haywood has been on trial and
in connection with which Charles H.
, Meyer and George A. Pettibone are yet
to face jury
These exhibits asked for were the tele-
gram which Attorney Fred Miller cf
Spokane sent to Harry Orchard the day
following his arrest at Caldwell the
little village thirty miles from Boise,
where the assassination of Idaho's for
mer governor took place that snow
driven evening in December, 1906
Jack Simpkins is said to have engaged
Mr. Miller.
The second exhibit asked for was the
cipher telegram which Simpkins sent to
Haywood two days later, saying he
could not get lawyer to defend Orchard.
Want Copy of Letter
The third was the copy of the letter
Orchard said he received from Pettibone
in the Caldwell Jail telling him 'that
was sent to Jack the 31st." and lastly the
jury called for the six drafts which Hay
wood sent from Denver to Simpkins. one
being for 500 and bearing date of De-
cember 21.
A tragic event of the day was the coll
lapse of Mrs. Eta Carruthers, the aged
; mother of Haywood.
Completely broken down and suffering
from nervous prostration, she was taken
to st. Lukes hospital. where 1t was said
tonight that while her condition is not
serious, she will require attention for
some time.
The strain of the long trial has told
more keeny on the mother than any
other member of the prisoners family
She was not in the best of health whep
she reached Boise from her home in Salt
Lake City, and for several days past it
has been noticed that she seemed steadily
to fail.
Mother Kisses Son
Today as the jury retired, and as her
son was led away to his cell, Mrs. Car
ruthers reached her arms about his great
broad shoulders and tenderly kissed him.
This was the only demonstration in the
courtroom, which was but half filed as
Judge Fremont Wood delivered his charge
and instructions to the jury.
Mrs. Haywood, the defendants invalid
wife, has stood the heat and strain of the
trial with apparently no i'll effect upon
her already delicate health.
Judge Wood. evidently anticipating that
the jury would be long at its task, sug-
i gested to the twelve men in the box be-
fore him at the end of his charge that
they take their chair cushions with them
into the jury room.
/ Late in the afternoon the throng of
waiting reporters and officials were
thrown into a fever of excitement by one
of the bailiffs rushing franctically into
the courtroom.
/ There was a general rush for position
and the jury was expected to report
i The bailiff, however, made his way to
the jury box and there took possession
of two cushions which had been left be-
hind several hours before and hurried
away to the jury room with them. The
incident caused much amusement
Court Remains in Session
The court session which began this
morning when the jury was Instructed by
Judge Wood will continue without inter-
ruption until the jury reports a verdict,
or until the foreman announces the belief
| that an agreement is impossible.
| Judge Wood has not Ventured an opin-