Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-07-27
Defendant Listened with Stolclsm
He Has Shown All Through
Trial.
HE rs CONFIDENT AND SMILING.
Court Dwelt at Length on Rule as TO
Conspiracy and Corroborating Evil
dcncc--Simplsins' Flight.

Boise, Idaho. July 27-The jury In the
case of William d. Haywood, secretary
treasurer of the Western Federation OF
Miners, charged with the murder of
fomer Gov Frank Steunenberg, retired
TO consider its verdict at il:04 a. m, to-
day and Judge Wood Immediately or
dered q recess of court until p. m.
the reading of the judges charge and
instructions required just an hour. At
the end of that time the IL jurymen
filed out of the room in custody of
Sheriff Shed" Hodgins and six bail
ifs.
AS they left the jury box Judge Wood
said:
Gentlemen | would suggest that you
take your chair customs with you"
Each juror acted upon the sugges-
tion. The jury room in the courthouse
had been prepared for their use.
Haywood listened with characteristic
stoicism to Judge Woods lengthy
charge and when the jury retired he
went back 10 his cell with a confident
smile playing about his lips. AS he
was about to leave his gray-haired
mother rushed up and kissed him
There was no other demonstration.
jury retired as to the length of time
that would be required in arriving at
a verdict The jury may report al any
time of the night or day. The Idaho
laws also provide that jury may rend-
er it's verdict In open court on Sunday.
AT 1918 O'clock Judge Wood gave
Instructions - have the jury taken out
10 luncheon. At that time they had
been celebrating for an hour and IA
minutes and as they left the juryroom
several of the IL men We're engaged In
animated but apparently good natured
discussion. AS matter of fact the
discussion began almost before the
juryroom doors were closed after the
jurymen first retired.
The only discussion heard about the
courthouse following Judge Wood s
charge was to the effect that the de-
PENDANT had received strongly the ben
eft of every doubt in the judges mind
as to the law applicable to the case.
The jury remained at luncheon less
than % minutes. returning to their de.
alterations at the courthouse at 12:4o
p. M.
FIVE FORMS OF VERDICT.
Judge Wood in his charge gave the
Jury the choice of five verdicts as fol-
lows; Murder in the first degree with
a penalty of death; murder In the sec
d
to life imprisonment; voluntary man.
slaughter. one to ten years; involuntary
manslaughter, with penalty OF one to
10 years. and not guilty.
The charge contained &C instruc-
tons Judge Wood dwelt at length
upon the laws of conspiracy and tho
value of the evidence given by an
accomplish
The law viaws such evidence with
distrust." he declared, "and II should
be- received by the jury with caution
and scrutinizcd with great care. And
II from the evidence 1t appears that
any favors have been extended by
the authorities to Orchard and there
Is any promise relating TO further
favcrs on account of his testimony
they are proper matters for tho Jury
to take into consideration"
Judge Woods charge was lengthy.
contained more than 12, 900 words and
covering the case from almost every
viewpoint. II was regarded by both
sides as eminently fair. If anything
II was the consensus OF opinion that
the court leaned to the defense. In
regard to the confederation OF Or
chard. Judge Wood said that the jury
should test the value of such evil
dcnce by eliminating his testimony
with view to ascertainlng " there In
independent testimony tending to con-
iNth tue WIFI TINS ollsnSc.
This corroborating evidence the
court continued. need not be suffi-
Client of itself to establish the guilt
OF the defendant but Il must tend
In some degree to impllcate and con-
meet the defendant with the commits
sion Of the crime charged
Further along In his charge Judge
Wood said
IF It Is possible for you to recon-
Gle the facts In this case upon my
reasonable theory consistent with the
Innocence OF the defendant. william
~. Haywood. II is your duty to do so
and find the defendant not guilty.
FLIGHT OF sIMpKINs.
hight OF Jack slmplins, II you find
such flight to have taken place. stand
ing alone would not Of Itself be any
evidence of .he guilt OF the defendant.
But II you find that simpkins did ar
ter the arrest OF Orchard flee or become
fugitive from Justice then that fact
may be taken into confederation to-
gether with all the other facts OF the
case In determining whether or not
simpkIns was a meinper OF the con-
spirney which the state has sought to
prove and OF which conspiracy II is
claimed by the state that the defend
ant was q member"
Tho courtroom was but half filed
when the jury filed In shortly before
10 O'Clock. Haywood came In smiling
and bowed a salutation to his wife, his
mother, his two daughters and sister,
the entire family being present.
As Judge Wood took the bench the
" 1urymen who sat directly In front
OF him wheeled In their chairs, turned
their backs upon the defendant and
his attorneys and listened attentiyely
to the lengthy charge
JUDGE coNGRATULATEs JURY.
Judge Woods charge and instruc-
lions delivered 10 the jury In tho
Haywood case this morning were
lengthy. making altogether about H.
900 words,
Before delivering his instructions
Judge Wood said:
n(26uileulau Of fha IurN--Tna ovi-