Los Angeles herald., 1907-07-28
DEADLOCK is
NOT. FEARED
BELIEVED HAYWOOD JURY WILL
REACH VERDICT
JUDGE INsTRUcTs IN FAVOR OF
DEFENDANT
Tells Jurors to Take Orchards Testi-
mony suspicIousIy-court viii
Remain in Session Until De-
cisIon Is Reached
,contInnen FROM pace one,

dCOntInued from Page OneI
Of Miners, which is conducting the de-
fense Of the accused men, and both sides
are anxious for a decisive. outcome.
Boise continues as quiet tonight as 1t
has been throughout the trial.
Few persons loitered about the court
house grounds, as there seemed to be a
general opinion broadcast that a verdict
would not be reached tonight. Court
will be in session all of Sunday to re-
ceive a verdict or any other communities
tion from the turore.
Haywood Smiles
Haywood, who during the morning ses-
sion OF court listened to the reading of
the judges charge with the same utter
lack of any telltaie expression upon his
face as during the days of the incriminat-
ing testimony of Harry Orchard, went
back to his cell to await the jurys de-
cision with a smile playing about his
lips.
During the afternoon he sat for sew
eral hours on the shaded court house
lawn chatting and laughing with his wife
and daughter.
The news of his mothers illness seemed
to disturb him far more than the tilt OF
the scales which held, his fate in the
balance. z
Judge Wood 8 charge to the jury was
in keeping with the scrupulous fairness
which has characterized the trial from
the first and the attorneys for the de-
fepse declared that they were more than
satisfied.
The states attorney, while realizing
that the court If he leaned at all had
given the benefit of every doubtful point
of law to the defendant also was salts
fled.
In the charge much stress was laid
upor the testimony of Harry Orchard,
and the jury was instructed to scrutin-
ize such testimony closely and take into
consideration any evidence which indicat-
ed that immunity or promise of favors
had induced the accomplice to take the
stand against the defendants.
Judge Wood laid emphasis upon every
assumption of which the defendant might
be found not guilty and declared that
before a conviction could be secured the
prosecution must not only remove every
reasonable doubt but the jury must be
convinced to moral certainty that the
defendant is guilty
Important Instruction.
One of the most important of Judge
woods instructions, as viewed from the
defense. was the following:
ITO find person guilty of con-
spiracy to commit crime 1t is neces-
sary for YOU to be satisfied from the evil
dence beyond a reasonable doubt that
the party accused shared in the criminal
purpose, and in this case If you find
the defendant did no overt act In carry
ing out the conspiracy ard did not enter
into any unlawful agreement, then even
though you should be satisfied from the
evidence beyond a reasonable doubt that
the defendant knew of the conspiracy and
did not dissent from it, ther such knowl-
edge of the conspiracy on the part of the
defendant would be insufficient to war
rant you in presuming that he was gull
ty of the crime charged"
Jury Seems suIIen
After they returned from dinner they
sat about the jury room with their backs
against the wall and seemed to be in
rather sullen mood.
Occasionally one or two of them would
walk to window and stand gazing out
without talking to each other.
John II. Murphy of Denver, the general
counsel for the Western Federation of
Miners is very i'll tonight in st. Alphonso
hospital and it is reported that his LIE
is all but despaired of.
He is suffering from tuberculosis and
has been too i'll to attend the trial for q
fortnight.
Mr.. Murphy has been counsel for the
federation for seven or eight years. lie
advisory capacity.
Ats o'clock tonight Judge Wood decided
to change the jury quarters and to give
them accommodations in one of the larger
rooms on the first floor of the court
house. Up to this time there has been nc
sign from the jury room that there was
any chance of an agreement.
The unofficial jurors appointed by tht
Socialists to attend the Haywood trial to-
night issued the following statement:
1--WE, the independent labor jurors, nav
ing attended the trial of William d. Hay
wood for the murder of former Governor
Steunenberg and having duly considered
the evidence presented by the state ant
the defense, affirm that the persecution o
the working class of America in this IN
stance has failed, despite the strenuous
attempts of capitalism, and in the nam'
of the united workers of the land WI
hereby declare our verdict to be no
guilty"