The news-democrat. (Providence, R.I.) 1906-1909, 1907-07-26
HAYW00D'S FATE
IN JURY'S HANDS

Boise. Idaho. July 27.--Judge Woods
charge and instructions delivered to
the jury in the Haywood case this
morning were lengthy. making about
$4,000 words.
After thanking the jury for the at
tentive manner in which they have
thus far performed their duties and
giving the customary instructions to
their general duties as to law and evil
dence. Judge Wood instructed them 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.
The evidence introduced by the de-
fense regarding deportations from
Colorado and the employment of Pink
erton detectives by the mine owners.
Judge Wood instructed the jury not
to consider. on the ground that no
prior connection had been made with
IL in either case.
Instructions as to the necessity for
clear and conclusive proof beyond any
reasonable doubt OF every material
fact were followed by the quoting of
the Indictment on which Haywood, to-
arrested.
THE CHARGE.
On this subject Judge Wood said:
There are three counts In the indict-
ment, but the substance of each Of
them Is unlawful, wilful. deliberate,
premeditated and felonious killing Of
the said Frank Steunenberg with
malice aforethought. The essential
elements OF the offense charged in the
Indictment consist of the following fea-
lures:
"1-There must have been a killing;
2-That killing must have been un-
lawful: .3--It must have been wilful;
At must have been deliberated upon;
Sit must have been premeditated; g.
1t must have been accompanied by
malice in the mind OF the person or
persons doing the killing: and unless
these features and each and every one
OF them are proven to your satisfac-
ton beyond a reasonable doubt, then
the defendant cannot in any event be
convicted of murder In the first de-
gree"
Continuing. Judge Wood said: 1.-The
court tnstructs the jury that IL IL Is pos
stbie for you to reconcile the facts in
this case upon any reasonable theory
consistent with the innocence of the de-
fendant, William ID. Haywood, IL Is your
duty to do so and find the defendant not
guilty.
Il further instruct you, gentlemen of
the Jury. that while the proof has been
admitted of the commission OF other
crimes by the defendant and his associ-
ates and tending 10 prove the commits
sion of such other crimes by them. that
II has only been admitted for the purpose
of showing the existence of a conspiracy
to accomplish certain objects, and that
such crimes and the crime resulting In
the death OF ex-Gov. Steunenberg as well
were ell incidents OF such conspiracy; but
you must not forget that the defendant
Is being tried for the murder OF Frank
Steunenberg and for that crime alone.
But you are privileged TO take such other
matters into consideration as part OF the
evidence In the case and ae incidents and
circumstances bearing upon the question
OF his guilt upon the charge OF the muir
der OF Frank Steunenberg.
MUST BE SURE OF GUILT.
''It makes no difference. however. In
this case, what crimes have been COM
mitted in Colorado, In the Occur DAlenes.
or elsewhere. or who is responsible for the
commission OF such crimes. II any there