The Penn's Grove record., 1907-08-02
HAYWOOD NOT GUILTY
OF STEUNENBERG MURDER
Judges Instructions and Disbelief
in Orchard Caused Verdict.
JURY WAS OUT 81 HOURS
Orchard Says He is Satisfied to Meet
the Punishment For His Crimes
TO Call Pettibone Next-Trial
in October.

the Punishment For His Crimes
TO Call Pettibone Next-Trial
in October.
Boise, Idaho.-Into the bright sun
light of a beautiful Sunday morning
William D. Haywood, secretary and
treasurer of the Western Federation
OF Miners, walked a free man, &C
quilted of the murder of former Gov
n Frank S~teunenberg.
Probability of acquittal was free
ly predicted after Judge Fremont
Wood read his charge, which was re-
garded as strongly favoring the de-
fense in its Interpretation of the laws
OF conspiracy, circumstantial evidence
and the confederation of a confessed
accomplice. 1t was also freely pre-
dicted that in the event of Haywood's
acqu1ttal the State would abandon
the prosecution of his associates,
CHARLES H. Meyer, president of the
federation, and George A. Pettibone,
OF Denver. Statements from
sci and from Governor Gooding, is
sued, dispel this view of the situa-
ton. Governor Gooding said:
THE. verdict is a great surprise
to me, and l believe to all citizens of
Idaho who have heard or read the
evidence in the case. I have done
my duty. I have no regret as to any
action l have taken, and my con-
science is clear. AS long as God
QlVpS mo ctrnn 9th I chol1 continue =
efforts for government by law and
for organized society.
The State will continue a vigor-
Gus prosecution of Meyer and Petit
bone and Adams and of Simpkins
when apprehended. There will be
neither hesitation nor retreat"
Not the least interesting of the
comments made upon the verdict was
that of Harry Orchard, the confessed
murderer of ~Steunenberg and the
witness on whom the State chiefly
relied to prove its charge of a con-
spiracy among certain members of
the Western Federation of Miners.
When told at the State P~enitentiary
that Haywood had been acquitted,
Orchard said:
We'll, J. have done my duty. 1
have told the truth. I could do no
more. I am ready to take any pun
ishment that may be melted out to
me for my crime, and the sooner it
comes the better"
1t was after being out for twenty
one hours that the jury, which at
first had been divided eight to four
for acquittal, and then seemed dead
locked at ten to two, finally came to
an agreement shortly after. the first
faint streaks of the coming day
showed gray above the giant hills
which wall Boise to the north. and
east.
Things moved rapidly enough af-
ter this, and when at last the princi-
pal actors in the trial had been gath
cred into the courtroom at a few mo-
ments before s o'clock the white
envelope handed by the foreman to
the judge was torn open and the YER
dict read.
Tears welled to the eyes of the man
who during the eighty days of his
trial showed only Indifference. Judge
Wood made nc effort to restrain his
attorneys as they surrounded him to
shake his hands and shout aloud
their congratulations.
The court proceedings were over,
the prisoner was discharged and the
jury dismissed in less than three min
utes.
The v%indication came from the lips
of twelve Idaho farmers, plain, blunt,
uncultured men, representatives of
the sturdy stock that is the back
bone of this country.
Russell, former Justice of the
Peace, Presbyterian and Prohibition
list, was the commanding force in the
jury. He didn't believe Orchard.
When the first vote was taken it
stood eight for acquittal, three for
conviction and one not voting. The
men who voted for conviction we're
Samuel D. Gilman, ranchman and
former member of the militia; Thorn
as B. Cess, insurance and real estate
dealer, foreman of the jury, and
George Powell, ranchman. A P.
Burns, who in his early years was
a member of the Carpenters Union.
refused to vote.
barrow, with his sympathetic in
iuence on the human heart, reached
Russell. Russell argued the reason
able doubt construction of Judge
Woods instructions. He soon won
over Powell, Gilman and Burns. At
$50 o'clock a. m, Cess, the fore
man, boyhood companion of Attorney
Hawley of the State, was won over,
and the verdict was reached.
One remarkable incident is that
James A. Robertson, the oldest man
on the jury, the man with whom
~Steunenberg lived for three years,
voted first and last for the acquittal
of Haywood.