The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-29

would have been hard to ind a man In Boise
who expected anlacquittal. Tho most the
defence lawyers would claim was disagree
ment.
1t scarcely needed the statement of the
jurors to make IL clear that IL was the In
strlctionsto the jury that clinched the result.
and right or wrong the responsibility 10
very generally placed upon the shoulders
OF Judge Wood.
INSTRUCTION REITERATED.
One local lawyer Of reputation. in no way
connected with h prosecution, put 1t this
Tt was not so much what the ~instruc-
tons said as the number OF times they
said it,. Thirty-one out OF the sixty-ive
Instruction. dealt with the subject Of
been. as indeed Juror Gilman seems to
think was the case, that the general notion
of the jurors was that the charge indicated
that Haywood should be freed, But Of
course the State has no appeal"
The camp OF the prosecution is fairly
boiling tonight. No one imputes to Judge
Wood anything but absolute honesty,
but it is freely declared that in his desire
TO stand perfectly ereot~ he leaned over
back wards. There can be nc doubt what
ever that the majority Of the jurors were
governed in their verdict by the Courts
instructions.
Messecsr. Russell, Mclean, Cess, Smith.
Clark and Powell all made statements to
that effect; all the jurors. in fact, with
the exception Of two who would not talk.
At the same time. though Haywood is
free. IL is a Scotch verdict. One OF the
Courts instructions said hat an acQuittal
meant nothing more than that the de-
PENDANTS guilt was not established be-
yond a reasonable doubt. and the predic-
ton that no matter which way the jury
went nobody's views regarding H~aywood's
guilt would be altered is being amply borne
out tonight.
ERDIC HANGE NO OPINION.
Though things are still a bit hasy and
the smoke has scarcely lifted from the
field. il il clear that everybody who before
this verdict believed the Western Fedora
ton OF Miners. as atpresent led. ie criminal
organization whose weapons are violence,
intimidation and murder is OF the same
opinion still.
In only one thing is there a difference in
their minds. Bill Haywood is free. All else
is still the same. and it would not be sur
prising IL in the very near future some part
Of the battle that Idaho has been waging
should be transferred to Colorado where,
At one climax Of the speech that will not
be forgotten as long as the Western Fedora
ton OF Miners 10 remembered. and that will
be a long. long time in this inter mountain
country, Senator Borah cried:
Frank S~teunenberg ID dead and the
manhood OF IDAHO wants to NOW
Well, the manhood OF Idaho and pre-
sumably the manhood OF Colorado still
ant to know. And that it 10 going to
make a determined effort to find out admits
of NJ doubt. The meant 10 will take to
inform itself remain for the present uncer-
ain. IL Ia not even known exactly nov
the prosecution of Pettibone will be con-
Quoted. Lawyer Hawley, the veteran senior
prosecutor. is leaving Boise tonight to take
a voyage to Honolulu. His health is broken
and IL may be that he will be unable to con-
tinue the prosecution.
In the confusion that followed Hay
woods acquittal Judge Wood made some
announcement about Meyer and Pettibone.
What it was nobody who was present could
remember. Nobody cared at the time. As
a matter of fact. ounsel for Pettibone
and Meyer will ask that their clients be
admitted to bail. The State will resist
the application. Probably Meyer will be
bailed, but Pettibone will In all probability
continue in iail