Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-07-29
Jury AT BOISE
ACQUITS HAYWOOD
No Credence Given to the Bloody
Story Told by Harry Orchard.

prisoner was discharged and the jury dis
missed in less than three minutes time.
News of the verdict was received reluct-
antly in Boise. Extra editions Of the papers
carried the tidings far and wide. and during
the day there was considerable discussion
In clubs, cafes. hotel Hobbies and on street
corners The surprise which had been so
manifest in the courtroom was prevalent
everywhere. The long time the jury was
out had conveyed the general impression
that there could be no other outcome than
a disagreement. The rumors which spread
So rapidly and frequently throughout the
night were generally to the effect that a
majority of the jurors had voted for con-
victfon. Some were even so radical as to
say that the only difference of opinion ex-
listing among the jurors was as to the de-
gree of guilt
Apprehension Of disagreement spread
even to members of the defendants counsel.
and when to this feeling were added the
rumors of an adverse decision. which con-
tinually beat about their ears during the
night. there could be found none to doubt
the genuineness of their JOY as the verdict
was read.
Darrow's Change Of Front.
Clarence barrow of Chicago. who had
made a plea describing the case at issue
as struggle Of class against class" who
had deiantly told the Jurors that they were
hostile to his client and had had their minds
poisoned by a corrupt and capitalistic
press. had entered the courtroom with the
mood of his speech still upon him: but. as
Haywood was freed and the jury was
passing out. he We'd with the other mem
bers OF counsel and with the prisoner him
self In thanking. with many evidences of
sincerity. the twelve citizens of Idaho who
had heard the evidence and rendered their
unalterable opinion.
Mr.. Richardson. too. fastened to dictate
statement in which he declared that his
client lad had an absolutely fair and i'm
partial trial. and that Idaho had. indeed,
reason to be proud of herself
Haywood's first thought was of his aged
mother. who yesterday suffered a nervous
Leaving the courtroom in company with
Attorney Nusent. Haywood walked to the
Jail portion of the bull Ting. shaking hans
as h. w-At with guards. employees and
frienis. He baGe farewell to Meyer. who,
when he heard the verdict, said: That's
good. and Pettibne, whom Darrow de-
scTibed to the jury as sort of Happy
Hooiigan.' and who called, Give my re-
CARDS to Broadway.
Haywood Goes to Mother.
Th2n Haywood walked to ST. Luke's
Hospital and rushed into his mothers
room. So great was tn, tonic effect on her
that sh, was up and about and happy.
Next Haywood went to the little cot
tage where his wife and daughters have
been staying. He had parted with At
torney Nugent at the hospital gate, and,
left alone in Boise. had to inquire his way
Once home. Haywood said:
Il want to thank the people Of Boise for
their kindness to my wife, my mother my
family and my friends
There has been widespread sympathy for
Mrs. Carruthers. the defendants mother.
Senator Borah. for instance, when first ap-
prised Of the verdict. said: Il feel glad for
Haywoods mother
Inquiry among the jurors after their dis
missal revealed some Of the elements enter
ing into their decision. Samuel D. Gilman.
the last man to be won over to the defense
declared that majority Of the jurors
seemed convinced that the general tone of
the courts instructions indicated that the
defendant should be freed.
Finley Mclean. who voted consistently
for acouittal from the first. declared that
the judges instructions seemed to settle. all
doubt as to the course he should take
Juror James Robertson, the good-natured
Scotchman. at whose house. in Boise, Gov
Steunenberg boarded for more than two
years. said:
Jurors Reasons
Il could not reconcile myself to voting
any other way than with the defense from
the very first. and l think that, under the
law and the evidence. there was nothing
else for to do. The last fellow who held
out against acuuittal belongs to the same
fraternal organization that I do. There
was some talk of a compromise on a sec
ond-degree verdict but would not st nd
for that. 1t had to be acquittai, or l would
have stayed there forever
Juror Samuel F. Russell. the senior men,
Der of the panel. said:
There was nothing against Haywood but
suspicion and inference. and when came
to dovetail the evidence in the jury room
it did not seem somehow to ht
Samuel d. Gilman said
II cannot point out any particular in
structon that seemed to decide the boys ON
q verdict of not guilty. i do not think there
was any particular instructions that they
debated l believe it was the instructions
generally They could not seem to make
head or tail to them. but were convinced
that the general tone indicated that the de-
PENDANT should be freed. Some of them
seemed to think the instructions were very
strong regarding corroborative testimony
and some said they could not be clear as to
the reasonable doubt.
There are many in Boise who incline to
the opinion that controlling influence with
the Jury was their disbelief of Orchard s
testimony. Haywoods counsel heaped
abuse on Orchard and told OF the contempt
in which all classes held such man as he.
Orchard as a Factor.
The attorneys played on the probability
that Orchard had been promised immunity
by some one connected with the prosecu-
ton, end called attention to the fact that
he had been treated with the greatest OF
consideration by the penitentia-y authori-
ties since his confession was made to a
PiekertGn detective. Judge Wood in his
charge warned the jury to view Orchards
testimony with great caution, and as a test
Of ths ccryoborating evidence suggested
that tina story told by Orchard be laid aside
AID ths remainder OF the evidence viewed
\ separately. K was not necessary, how
q nva. ha ldNeA that tha ecrrol,orati ~,s