Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-07-28

telling him that chat was sent to
Jack the 2d. and lastly the jury
called for the six drafts which Hay
wood sent from Denver to Simpkins
one being for Sl00 and bearing the
date OF December 21.i e..
\ tragic event OF the day was the
collapse of Mrs Carruthers. The aged
mother Of Haywood. Complete
| ly broken down and suffering from
nervous prostration, she was taken Ia
81 Luke's hospital. where il was said
tonight that while her condition was
not serious. she will require atten-
ton for some time The strain of the
long trial has told more keeRly on
the mother than any other member
of the prisoners family. She was not
in the best OF health when she reach
ed Boise from her home In salt Lake.
and for several days past Il has been
noticed that she seemed steadily 10
fail. Today as the jury retired and
as her son was led away To his cell
Mrs. Carruthers reached her arms
about his great, broad shoulders and
tenderly kissed him This was the
only demonstration In the court room
which was but half filled as Judge
Fremont Wood delivered his charge
and Instructions 10 he jury Mrs.
Haywood, the defendants invalid
wiz iAs7 NhffNN lllf neat anu NAi hAA
Of the trial with apparently no ill ef-
feet upon her already delicate health
Judge Wood, evidently anticipating
that the jury would be long at IT'S
task, suggested TO the twelve men in
the box before him at the end of his
charge that they take their chair
cushions with them into the jury
room. Late in the afternoon the
.throng of waiting reporters and off
cials were thrown into aSfeVer Of ex-
citemcnt by one Of the bailiffs rush
ing frantically into the court room
There was a general rush for the po-
sition and the jury was expected to
report The bailiff. however, made I
his way 10 the jury box and there /
took possession OF two cushions which /
had been lest behind several hours be- I
fore, and hurried away to the jury 4
room with them. The incident caused |
much amusement
The court session which began this I
morning when the jury was instructed I
by Judge Wood will continue without /
interruption until the jury reports a
verdict. or until the foreman an |
nounces the belief that an agreement |
Is impossible. Judge Wood has not
lentured an opinion as to how long
he would keep the jury locked up In
an effort 10 secure "A verdict.
The great trial. which began the
,th of May. has been most expensive
a the state and the Western"Federa-
ion of Miners. which is conducting
he defense OF the accused men, ami
10Th sides are anxious for decisive
outcome.
Boise city continues as quiet tonight
IS It has been throughout the trial.
Few persons loitered about the court
louse grounds. as there seemed to be Z
general opinion broadcast that a
erdict would not be reached tonight. .
'ourt viii be in session all " sun :
lay TO receive verdict or 4 come /
from the jury. i
Haywood. who during the morning +,
ession Of court listened 10 the judges {
harge with the same utter lack of
ny tell-tale expression upon his face d
$ during the days of the incrlminat-
lg testimony of Harry Orchard. went
ack 10 his cell to await the jury's 8
ecision with a smile playing about his /
ps. During the afternoon he sat for
averal hours ON the shaded court \
ouse lawn. chatting ana laughing s.
ith his wife and daughters The i
ews Of his mothers Illness seemed 10 Il
Isturb him far more than the tit of b
le scales which held his fate In the
ilance. "
Judge Woods charge To the jury
as in keeping with the scrupWous cl
irness which has characterized the u
ial from the first. and the attorneys NJ
r tho defense declared that they a.
ere more than satisfied. +
The states attorneys while realiz-
x that the court. II he leaned AT all. Z
ld given the benefit Of every dount-
. point of law Ia the defendant were
se satisfied. In the charge much 10
ress was laid upon the testimony Of y
AIRY Orchard. and the jury was in 10
-ucted to scrutinize such testimony ~
lsely and take into consideration 1I
~ testimony which indicated that
Imunity or promise of faVors had oh
iuced the accomplice To take the
md against the defendants. tn
Judge wood laid emphasis upon ev- m
v assumption by which the defend or
I might be found not guilty and de siC
ircd that before conviction could bu
secured the prosecution must not un
~ remove every reasonable douht n
I the jury must be convinced to tn
lral certainty ".that the defendant II en-
ity.
The Judges Chargc. Of
One Of the most important Of Judge tn
lod's Instructions as viewed from
defense, was the following Ito
TO define person guilty ut q CON be
racy to commit q crime. % is neces- pa
y for you 10 De- satisfied from the SUI
dence. beyond "a reasonable doubt, me
n the party accused shared in tn" alb
minal purpose. and in this case " Az
3 find that the defendant did ~ mi
.rt act in carrying out th" cunspif- agl
r. and did not enter into any un- for
fful agreements. then, even thouSn
D should be satisfied from the evil "a.
ice. beyond reasonable doubt that ~,
L M. NJ 4
the part Of the defcHdau- would De- -
efficient tu warrant you ,n pte,um- -,
he was guilty of the crime -, -
.fged" -,
Il the outset of his charge Judge =
od thanked the jury Tor the attcu- ,t,,,
and patient manner be- which they 80
performed their dutie-. He tn- a.,
icted the jury not t1 consider any -,
ience bearing On the connection ot -
We Adams with the crimes commit 80
in northern Idaho. He also eau -.
ned them 10 pay mo- attention to the -
ience introduced hy fh" defense -,
arding the deportation nf members IN
the Western Federation Of Miners 80,
their sympathizers from the min 49,.
districts Of Colorado. also the en- s...
yment of piukerton detectives by -
Mine Owners association. These -
ructinns. be- said. were based on ,.t
ground that uo proper connection ~.
a the case on trial had been made -.
ither case. con
fter quoting and explaining the m ,.,i.
ment on which Haywood WAS ar
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