Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-07-27
HAYWOOD'S FATE
IN JURY'S HANDS
Continued from First Page.)

roborated by other and Independent evil
dence
This corroborating evidence need not be
sufficient of Itself to establish the guilt Of
the defendant. but 1T must tend in some de-
gree to fmpltcate and connect the defendant
with the commission of the crime charged
In order to ascertain whether or not the
testimony of the accompice is corrobo-
rated. as the law provides 1t must be be-
fore conviction would be warranted YOU
should eliminate from the case the ey-
dence OF the accomplice and examine the
evidence of the other witnesses with the
view to ascertaining If there be evidence
tendinS to connect the defendant with the
offense. If there is the accomplce Is cor
roborated: II there is no inculpatory evil
dence there Is no confederation; though the
aceomplice may be corroborated in regard
to any number of facts sworn to by him.
Relies Upon Circumstantial Evidence.
In this case the state relies upon circum-
stantal evidence to establish the connection
Of the defendant with the conspiracy sought
to be proven by the evidence taken in con-
nection with the direct testimony of the &C
complete Harry Orchard.
In order to Justify an inference Of legal
guilt from circums tantial evidence, the ex-
lstence of the inculpatory facts must be
absolutely Incompatible with the innocence
OF the accused upon any rational theory
ana incapable OF explanation upon any rea-
sonable hypothesis other than his guilt
IF you believe from the evidence that
the witness Harry Orchard was induced or
influenced to become a witness and to
testify in this case by any promise of Inn
munaty from prosecution or punishment, or
by any hope held out to him that II he
testified against the defendant he would not
should take such facts into Consideration
in determining the weight which ought to
De given to testimony so obtained Such
tesumony should be received by the jury
ti,i1
care.
And II from the evidence it appears that
any favors have been extended by the au-
thorltles OF the state Of Idaho to the wit
ness Harry Orchard. and there is any prom
Use, either expressed or implied, relatins to
further favors to be received by him on
account OF his testimony In this case then
those are proper matters for the considera-
ton of this jury as affecting the crdiaility
Of his testimony
The Magazine Articles.
Certain articles have been received In
evidence from the Miners Magazine for the
sole purpose Of determining whether or not
any motive existed upon the part Of the de-
PENDANT to participate in the offenss charged
In the Indictment and not for the purpose
OF establishing in any wise the commits
sion of such an offense
The jury Is further instructed that by
statutory provision the defendant In "a
criminal case Is made a competent witness
IN his own behalf. and where he testifies, as
in this case becomes the same In all re-
spects as any other witness. and his tes-
timony must be tested by the same rules Of
test that are applied to other witnesses and
the jury may take into consideration the in
terest that he may have in the case tn de-
terminlng the weight to be given his tes-
timony.
In conclusion. you are to determine the
question as to whether or not the defend
ant killed and murdered Frank Steunenberg
n a fyroA ant a -
abetted such killing If you should find
him guilty; If not you should find him not
guilty.
Under the indictment In this case the
defendant may, if the evidence warrants #
be convicted of mrder in the first degree
murder Of the second degree or manslaugh-
ter
Gentlemen Of the jury, the court now de-
Hvers this case into your hands 1t is vour
duty to consider it and deliberate upon II
without fear and without favor If the evil
dence SHOWS that any individual or indi-
vlduals. any person in any private or off,
clai capacity, or any class or classes OF pt,o
pie are interested in any way in the con-
vict;on or acquittal of this defendant such
lact or facts should not be considered by
you or have any influence upon YOUR delhi
erations. You are here to try and defer
mine this case between the state of Idaho
and the defendant William d. HAYWOOD
herewith submit for your consideration
appropriate forms of verdicts suitable to
any conclusion you may reach"
Yesterdays Session.
After occupying three hours of the MORN
Ing session In summing up for the state
Senator Borah occupied the same time In
the afternoon before his address was con-
cluded.
Borah held the crowded courtroom SPELL
bound The Jurors sat up straight in their
chairs. The lawyers for the defense gazed
on the prosecutor as if hypnotized Hay
wood himself fixed a fascinated
the senator during all those SIX hours. His
wife wept softly to herself at frequent in
tervals. His mother stood II long she
could, but had to leave the courtroom be-
fore Borah had been talking an hour and