The Washington times., 1907-07-28
AT 10 P. M. They Stood
8 to 4for Second Degree
Murder, Is RumOr.
Men Reach Point of Col
lapse From Heat and
Confinement.
viii Be Brought Into
Court at 8 A. M. Today
If Still Undecided.

BOISE. July 27.-At 10 o'clock Judge
Wood went home for the night. He
stated that he would come back any
time the jury reached an agreement.
The latest rumor from the jury room.
unconirmed, is that the jury stands
to 4 for a verdict of murder in the
second degree.
Judge Wood. IL the jury does not agree
sooner, viii bring them into court at S
o'clock on Sunday morning.
At Point Of Collapse.
At the point Of collapse from heat and
long connnePent, the jury IS stin doing
It's best 10 rdhch a verdict.
II is not deadlOcked-so much IS prac-
tically certain. An agreement has not
been reached. but the deliberations have
not settled down TO a mere test OF en-
durance Honest differences Of opinion
exist. and these, # is hoped. will dis
appear as the members OF the panel dis
cuss the evidence.
Compromise Not Wanted.
a compromise verdict Of nanslaughter
would cause genuine disappointment.
Attorney Darrow, speaking for the de-
fense. said with every appearance OF
sincerity that his client would prefer
death TO Imprisonment Senator Borah,
talking for the prosecution. openly de
clared that ". D. Haywood. the West
ern Miners Federation leader, was
either guilty Of murder in the first de-
gree or was not guilty az an of COM
pHcity in the assassination OF former
Governor steunenberg OF Idaho
Manslaughter Verdict Cowardly.
Both sides are agreed that Haywood
merits either freedom or the moose.
that a unanslaughter verdict would be
cowardly compromise. and that there
would be every reason 10 expect such a
finding 10 be set aside by the higher
court.
Rumor has It that the first ballot
showed seven jurymen for conviction
Of murder In the second degree. 10 five
for acouittaI This report is naturally
uncorhrnable.
Jury in New Room.
The heat in the sun-baked jury room
was so great that at $50 tonight the
/ Jurors sent to Judge Wood 20 ask for re
1 lief The judge investigated at once,
/ found there is a much larger and cool
I er Jury room on the second floor OF the
court mousse, ana OTlefeu lle meIuDerS
Of the panel quartered there at once.
Juror Robinson, who is seventy-thrce
/ years old, suffered so much from heat
and exhaustion that II was necessary to
/ assist him down the courthouse steps
when the jury came out for supper. At
/ his request an easy chair was sent TO
the new jury room for him.
HaywoOd's Mother Hysterical.
Mrs. Carruthers. mother OF Haywood,
was given oplates at the hospital. She
! is hysterical, overcome by the long
strain and heat.
Attorney J. II. Murphy. Of Denver.
for many years counsel for the West
ern Federation Of Miners. is dying at
the hospital He is in the last stages
Of consumption. and came here TO at
tend the trial, the last he will ever
attend.
Orchard at Warden's Office.
Orchard is waiting in the warden's
office at the penitentiary to hear the
verdict. which will be telephoned.
Judge Wood in his chambers, and
newspaper correspondents and messen-
ger boys IN the court room, made an
effort to sit out the jury.
At this writing this seems 10 be the
beginning Of an all-night vigil.