Arizona republican., 1907-07-28
The Haywood Jury Have So Far Been I'm
able to Agree On a Verdict
The Defendant Favored by the Courts Instructions.
The Jury Evidently DESTROYS of Averting Mistrial
fthe Costly Case.

Boise. July 27.-In the small, bril-
lrantly lighted jury room on the second
floor Of the square brick court house
or Ada county, the twelve men who for
many weeks listened to the mass of
,astimony offered against and in de-
fense of Haywood, We're wrestling at a
late hour tonight, with the problem of
q verdict. Outside on the green lawn,
rac silent bailiffs watched to see that
ua trcspassers should come within
laaring of the discussion which came
through the open windows. Inside the
court room a group Of newspaper men
sat and chatted with Judge Wood and
cGo court officials. The general public
Vas excluded early in the day and the
,.airways and passage leading to the
jury room were closed and guarded.
Il was four minutes past IL o'clock
his morning when the jury. after re-
rniving the instructions which were
decidedly in favor of the defendant,
retired to their deliberations and so
far. they have failed to agree upon any
Of the five propositions laid down to
them by the court. These were, muir
der in the first degree, murder in the
second degree, voluntary manslaugh-
ter. involuntary manslaughter, and
not guilty
A SWELTERING SPOT.
When the luncheon and dinner hours
arrived the jurymen, many of them
well along toward their allotted terms
ol three score years and ten. were es-
corted TO the house where they have
made their home ever since the begin
ming Of the trial and there the meals
were served. Less than twenty-f five
minutes were occupied with the lunch
con. and but a 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 made it tar
get for the blistering afternoon rays of
the July sun. Once secluded from the
formal atmosphere of the court room.
the jurors quickly sctripped off coats
and collars and prepared TO make their
confinement as comfortable as possi-
ble. y glimpse into the room late to-
day showed the jurors lounging about
in comfortable attitudes and seeming
y content with the progress they were
making.
FURTHER DATA DESIRED.
Despite the long time the jury has
been out there still exists a hope
among those who followed the trial.
that some sort of verdict may be
reached. That affairs have not come
To a deadlock, was indicated during
the afternoon, when the jurors sent to
request Judge Wood for some of the
most important documents introduced
into the case as exhibits. These had
To do directly with the alleged con-
spiracy against Steunenberg.
One of the exhibits asked for was
the telegram which Attorney Fred
Miller Of Spokane. sent to Orchard the
day following his arrest at Caldwell,
where the assassination of the former
governor took place. Jack Simpkins is
said to have engaged Miller. The
second exhibit was a cipher telegram
which Simpkins sent to Haywood two
days later, saying he could not get a
lawyer to defend orchard. The third
was a copy Of a letter Orchard said he
received from Pettibone in the Cald-
well Jail telling him that THAT was
sent to Jack the 31st," and lastly the
jury called for the six drafts of Hay
wood sent from Denver, to Simpkins,
one being for 800, bearing the date
Of December 81.