The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1907-07-29
CHARGE TO THE JURY
Judge Woods Instructions in Sub.
hitting Haywood Case.
REGARDED EMINENTLY FAIR
Consensus of Opinion Seemed to BE
That, If Anything, the Court Leaned
to the Defense-Jury Given Choice
of Five Verdicts.

~ hhS S~sShSC"Suty SISCH SuOiCC
of Five Verdicts.
Boise, Ida, July 29.-Judge Fremont
Wood has delivered his charge to the
Jury into whose keeping was given
she fate of William d. Haywood, sec
setary treasurer of the Western Fed
Grafton Of Miners, charged with the
murder of former Governor Frank
the jury the choice of five verdicts as
follows:
Murder in the first degree. murder
In the second degree, voluntary man
slaughter, involuntary manslaughteI
and not guilty.
The charge contained sixty-six in
structions. Judge Wood dwelt at
length upon the laws of conspiracy
and the value of the evidence given
by an accomplice.
The law views such evidence with
distrust,' he declared, "and 1t should
De received by the jury with caution
and scrutinized with great care. And
If from the evidence 1t appears that
any favors have been extended by
the authorities to Orchard and there
is any promise relating to further
favors on account of his testimony
they are proper matters for the jury
to take into consideration"
Regarded as EminentIy Fair.
Judge Woods charge was lengthy
containing more than $4,000 words
and covering the case from almost
every viewpoint. It was regarded by
both sides as eminently fair. II any.
thing it was the consensus Of opinion
that the court leaned to the defense.
In regard to the corroboration OF Or
chard Judge Wood said that the jury
should test the value OF such evidence
by eliminating his testimony with
view to ascertaining II there Is inde-
pendent testimony tending to connect
The defendant with the offense. This
corroborating evidence" the court
continued, need not be sufficient OF
itself to establish the guilt of the de-
fcndant. but it must tend In some de-
gree to implicate and connect the de-
fendant with the commission of the
crime charged"
After the customary instruction as
to the general duties of the jurors as
to the law and evidence Judge Wood
instructed the jurors, In accordance
with his ruling made some days ago
after argument by counsel, as to the
admissibility of the evidence bearing
on the connection OF Steve Adams
with crimes committed in Northern
Idaho This evidence and also that
introduced by the defense regarding
deporIations in Colorado and the en-
ployment of Pinkerton detectives by
the mine owners Judge Wood instruct
ed the jury not to consider on the
ground that no prior connection had
been made in either case.
Proof Beyond Reasonable Doubt.
Instructions as to the necessity for
clear and conclusive proof beyond any
reasonable doubt of every material
fact We're followed by the quoting OF
the indictment on which Haywood, to-
gether with Meyer and Pettibone. was
arrested. On this subject Judge
Wood said:
There are three counts in the In
dictments, but the substance OF each
of them is the unlawful. willful, de-
liberate, premeditated and felonious
killing of the said Frank Steunenberg
with malice aforethought. The essen
tial elements of the offense charged
in the indictment consist of the fol-
lowing features:
"First-There must have been a
killing, second, that killing must have
been unlawful; third, 1t must have
been willful: fourth. 1t must have been
deliberated upon; fifth. it must have
been premeditated; sixth, 1t must
have been accompanied by malice In
the mind of the person or persons do
ing the killing; and unless these fea-
lures each and every one Of them are
proven to your satisfaction beyond
reasonable doubt then the defendant
cannot IN any event be convicted OF
murder In the first degree.
On Trial for Only One Crime.
"If it Is possible for you to reconcile
ie facts in this case upon any rea-
enable theory consistent with the in
rocence OF the defendant, William d.
Haywood, it is your duty to do SO and
find the defendant not guilty.
i further instruct you, gentlemen OF
the jury, that while proof has been
admitted OF the commission Of other
-y@ n III
sociates and tending to prove the COM
mission Of such other crimes by them,
that 1t las only been admitted for the
purpose Of showing conspiracy to
accomplish certain objects and that
such crimes and the crime resulting
in tile death of Ex-Governor Steunen-
berg as wen were all incidents Of such
conspir~cy; but you must not forget
that sadant Is being tried tor