Show 1 f WILLIAM ILLIAM D HAY HAYWOOD AC ACQUITTED ED PRISONER RElEASED AND JURY DISCHARGED According to Announced Intentions Moyer and Pettibone Will Be Pla don d don on Trial I I Affecting Meeting Between Mother and Son Closing Scenes cenes of a Remarkable Trial I Boise Ida July SInto the bright sun sunlight sunlight light ot of a beautiful Sabbath morning into the stillness ot of a city drowsy with the lazy slumber of a Sunday Sunda William WIIlIam D Haywood Hawood defendant in one ot of the most noted trials involving conspiracy and murder that the country has ever known walked today a free man acquitted ot of othe tue he murder ot of former Governor Frank Ste The ot of a verdict or of acquittal ir in th case ase ot of the and acknowledged leader ot of th the Western estern Fed or of Miners had been freely pre predicted predicted since yesterday when Judge Fre Fremont Fremont mont wood rend read hIs charge which was re regarded regarded as strongly favoring the de defense defense in Its interpretation of the laws of circumstantial evidence and the corroboration of an accomplice who confesses Gooding Not Yet Satisfied It 11 was also freely predicted that in the event or of acquittal the tate State would abandon the prosecution ot of his as associates Charles H Moyer the pres president 1 dent of the f and George A Pettibone of Denver Statements from Governor Gooding Issued Oday t dispel this vIew of the situation Governor Gooding said The verdict Is a great surprise to me mc and I 1 believe to all citizens of Idaho who hat ba heard or read the evidence In the case cas Governor Has No Regrets I have done m my duty I 1 have no re regret regret gret as to an any action 1 have taken and m my conscIence Is clear As Ion long as God gives me strength I 1 shall continue my efforts for government by bJ law lav and society The state will continue a vi vigorous orous pros I ot of Moyer and Pettibone and dams Adams and or of when a ehe ei There will be neither hesitation noc retreat will be made to JUdge Wood Food t tomorrow morrow morning to admit Moyer Moer and I Pettibone to ball bail and It was sold said toy to tonIght nIght that In the case of Moyer against w horn the state is admitted to have Its case ase a favorable consideration would not be unexpected Orchards Comment Not the least interesting of the com coin comments ments nade upon the verdict today was that o Harry r hard the I murderer ot of Governor and the witness upon whom the state chiefly relied to prove Its claim ot of a sinister con conspiracy agaInst the he Western of Miners When hen told at the state peat peni penitentiary that Haywood had been acquit acquitted ted Orchard said Yell Weil I have done m my duty I have told the truth I could do no more I am read ready to take any punishment that may be ben n out to me for my crime and the sooner It comes the better Jury Out Hours It was after being out for one l urs that the jury which at first had hadn n divided eight to four foul and then seemed deadlocked at ten to two finally came ame to an agreement shortly after atter the first faint streaks ot of the coming day showed shoved gray above the gIant hilts hills which wall Boise to the north and east The weary old bailiff who had kept an vigil before the do r ot of the jury room was startled into action by an Imperative knock from within J Events vents moved rapidly enough after atter this sad when at cast ast the principal actors In Inne tae ne trial had been gathered into the court courtroom courtroom room at a few tew moments before 8 1 the white envelope handed by the fore foreman foreman man to La the judge was torn open and the verdict read realI It came as an electric thrill to the pris o er to his counsel to the attorneys for fortee tee state and to the small group grou of eyed end newspaper men and court I i who had been summoned from beds but I latel lately sought or from offices where sleep less waiting lead had marked the night Tears welled to the e eyes es ot of the man who during the eighty days ot of his trial had sat with stolid Indifference written upon his ever every last the Icy armor he had thrown about hImself with the first day of jury selection had been pierced and what whatever ever eer of feeling had been con contained contained wIthin was loosed at attorneys were fairly lIfted from their seats and JUdge Wood rood made no effort to re restraIn restrain straIn them as they surrounded hIm to shake hands and shout alond their con congratulations congratulations James H Hawley leading counsel for the state and O 0 M 1 Van u n the prosecuting attorney ot of the county In which former Governor was assassInated sat gloom and In their places place Senator Borah who made the closing plea for convIction was not present or Of the prisoners counsel those in the court room were Clarence Darrow of ChIcago E F Richardson of Denver and John F Nugent of Boise The ab absentees from the defendants table in included included Edgar Wilson lIson the former law partner of Judge Wood Tood who presided at atthe t the trial Spectators Benches Empty Xo No member of the prisoners family nor any ot of his friends among the SocIalIst writers and the so labor jury who have been attending the trial was in inthe inthe the court room at al the earl early hour the verdict ver verdict dict was wal returned The spectators benches were empty but in the doorway stood Governor Govern r Frank Gooding who has taken an active part tn in pressing the pros prosecution prosecution of Haywood and his associates There was no demonstration other than that made b by the attorneys for the defense and the court proceedings were over the prisoner had been discharged and the I jUr jury dismissed for the term In less than three minutes time Verdict Discussed in Boise The news of the verdict was rece received ed re reluctantly reluctantly In Boise Extra editions of the papers carrIed the tidings far and wide i and during the da day there was considerable ble discussion In clubs lubs cafes hotel lob lobbies i bles bies and upon the street corners Th surprise which had been so manifest In Inthe inthe the court room was prevalent everywhere I The lon long time the jury jUr was out had con conveyed veed the general impression that there could be no other outcome than a disa disagreement disagreement Tito Tho rumors which spread so rapidly and frequently throughout the night and which were as unreliable as such rumors alt always as are were generally generall to the effect that a majorIty ot of the jur jurors jurors ors had voted for conviction Some were even so radical as to say that the only difference ot of opinion existing in the jury was as to the degree of guilt The ap apprehension apprehension of disagreement spread even evento evento to members ot of the defendants famil family and when to this feeling were added the ru rumors rumors mors or of an adverse decision which eon con continually beat about their ears durIng the night there could be found none to doubt the genuineness of their joy as the verdict ver verdict dict was read Darrow Admitted the Trial Was Fair Clarence Clarenee Darrow of Chicago who had made a plea describing the case at issue as a struggle le of class agaInst class who had defiantly told the jurors that the they were hostIle to his client and had had their minds poisoned by a corrupt and capitalistic press had entered the court courtroom room with the mood or of hIs speech still upon him but as Haywood was treed freed and as the jury was passIng out he vied with the other members of counsel and with the prisoner In thanking with many evidences of sincerIty the twelve citizens of Idaho who had heard the evidence and rendered their unalterable opinion Mr r Richardson too hastened to dictate a statEment In which he declared that his Continued on Page Z 2 I d ir i I I I Y YA f h i t i I z A t s 4 tt 1 William D Haywood t 1 PRISONER RELEASED AND JURY JUR DISCHARGED Continued from Page 1 client had been given an absolutely fair and Impartial trial and that Idaho had Indeed reason to be proud ot of herself First Thought of His Mother thought was of his aged mother who on yesterday had suffered a complete nervous nerous after the jury lad had retired Leaving the courtroom n company compan with Attorney Nugent he walked down to the jail portIon ot of the building shaking hands as he went with the guards and frIends who had arrived on the scene He bade fare far farewell well II to Moyer who when he heard the sold said good and never stopped shaking and to Pettibone whom Darrow described to the jury as a sort of happy Hooligan and who called Gho m my regards to Broadway Then Ha Haywood wood walked to St Lukes hospital and unannounced rushed Into his mothers room So great reat was the tonic upon the eldErly lad lady that tonight she was up and about and happy Next hay wood went to the little cottage where his Ue antI and daughters have been stopping lie He had parted with Attorney Nugent at the tho hospital gate antI and left alone In Boise got all but lost and had to InquIre his way ay from passersby Once home Ha Hay woo wood said I 1 want to thank the people of Boise for their kindness to my mr wife my mother m my tamil family and my friends There has been widespread sympathy hEre for tor Mrs C Carruthers the tho prisoners mother Senator Borah for tor Instance when first apprised ot of the verdict said I feet teel glad for mother Statements by Jurors Inquiry among the jurors after their din dis dismissal missal revealed some lomo of at the tho elements entering Into their decision Samuel D I Oilman the last man to be won over to the defense declared that a 0 majority of the men seemed convinced that the gen general eral tono or of the courts Instructions Indi Indicated that the defendant should be freed Creed Finley Mc ean who voted consIstently Pi Iho that thu tm l e to Ill all as In course lie he should t tike ke James Jame U tt ie good goodnI tred t t houe here 11 in jIse rg for iuar two saW I io voting in ny other W way 1 than with the defense defensa the very first and andI I 1 think that under the law and the evi eI dence there was nothing else for us to todo todo do The Tho t hd out to Q tilt th tf t t 1 do W wn Im talk ot of a e on Of a verdict but we stand for tor that It 1114 to li g Cl IH 1 or I would have 1116 d t there ere forever Samuel omuel F F Rss IL the senior m er of the V panel said Nothing Against Haywood but Sus Suspicion Suspicion There was nothing against Haywood hut but suspicion and Inference and when we came to dovetail the evidence In the jury juo room It seem somehow to fIt Samuel D Oilman Gilman juror No 3 said saidI l I cannot poInt out any particular In Instruction Instruction that seemed to decide the boys boyson on a verdict Of not I do not think there was any particular Instruction instruction tion that they debated over I believe It was the instructions generally The They seem to make head or tall to them but were convinced that the gen general oral eral tone Indicated that the defendant should be treed freed Some or of them seemed to think the Instructions were ver very strong regarding corroborative testimony and some said that they could not be clear as asto asto to the reasonable doubt Could Not Believe Orchard There are many In Boise Bols who Incline to the opinion that a controlling Influence with the jury juO was their disbelief of Or Orchard Orchard chard counsel In all of their arguments heaped abuse upon Orchard and told ot of the general contempt In which j nil all classes held such a man as he The attorneys played upon the probabIlIty that Orchard had been promised Immunity by some one connected with the prosecution and amI called attention to the tact fact that he had been treated with the greatest of consideration b by the penitentiary author authorIties authorIties since hIs confession was as made to toa toa a Pinkerton detective Judge Wood In his charge warned the Jury jur to view Or 01 Orchards testimony with great caution and as a test of the corroborating evidence suggested that the stop told by Orchard be laId aside and the remainder ot of the evidence viewed In that light It was not necessary however he added that the corroborating evidence should prove every point In the days das of a 0 vein of prejudice against Orchard was uncovered unexpectedly when the trial panel was more than half completed One of the proposed jurymen volunteered as an ex excuse excuse cuse the Information that he would not could not believe Orchard under any cir circumstances circumstances This was a cause for his challenge and removal and thereafter the for the state Inquired car careful carefully ful ly Iy Into the matter of antipathy to a con confessing witness Balloting In Jury Room When the jurors retired yesterday morn mornIng morning Ing shortly after 11 they pre to the election of a foreman Thomas B Gess No 1 being selected Then came the first formal ballot which resulted NOT I The blank ballots were cast by Fore Foreman Foreman man G ss and A P Burns both farmers The second vote was 9 to 3 Gess going over to the majority Then Burns Joined In making Jt It 10 to 2 Here the jury remained re remained In a deadlock for twelve hours the two men Insisting upon conviction In some somo degree being Thomas Powell and Samuel D Oilman Gilman ranchers The jurors In favor tavor of acquittal took turns In ar arguing arguing guing with the Once during the long debate as the doors ot of the jUry room stood open Mr Ir Powell could be seen seated at the table poring over a copy ot of Judge Woods Instructions At a rn m he succumbed and then all the jurymen turned In for a nap It was a little after 6 when Juror was aroused with the announcement that another vote ote was about to be taken Veil Vell he said If anybody would woud stick with me I would stay here as long longas as any am of the rest ot of you but as I am alone I will fall In with your wishes The vote was cast and William D Hay Haywood Haywood wood was declared acquitted of all corn com In the death of former Governor Court Called to Order JUdge Wood was telephoned for at lO lOa a 3 rn m and arrived at the court house twenty minutes later The attorneys for defense and prosecution were slower and did not arrive until just before 8 Mr r Darrow being the first Haywood en entered court at 74 and smiled his cus customary tomar tomary greetings to counsel and news newspaper newspaper paper men Asked as aa to hw how he felt he declared Very well Indeed He had laid down most ot of the night and had had some sleep Judge Wood took his place on the bench at and tour four I minutes later the tired bedraggled worn out jurors filed in HaWood sat with his right elbow hung over the high back backof I of his arm chaira characteristic attI attItude attitude tude As the clerk began to can call the roll the sIlence In the big court room was painful The tick ot of the clock on the wall sounded like blows from a sledge Then came the voice ot of Judge Wood asking Gentlemen of the jury have you agre agreed upon a verdict Haywood turned his single eye upon the twelve men Ve have came the response from Foreman Gess who handed a plain white envelope to the court Judge Wood delved Into IntI the envelope hesitated looked again and then In some amazement saId There Is nothing here the right envelope In your right coat pocket saId Juror Russell to Mr Gess The foreman was palpably ner nervous and this added materiallY to the strain felt by all in the court room The second envelope was handed up Judge Wood glanced at It and then tossed tire the paper to tIe the clerk who read State of Idaho against William D Haywood We the jury itt the en cause find the P Haywood NOT 1 esp foreman It n came the pf c flay In the midst Q if uge Woo Th T defendant will b be bethe arge m the jUry dismissed for the term Attorney Richardson was on his feet Haywood Thanked Everybody Would your honor permit he began but changing |