The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-05-24
Hearing in the HAYES Case.

nearing III JHe hayeS Vase
AT nine o'clock Saturday morning hear
ing in the case of NJ. c. Hayes, charged
with setting fire to the opera hall, was had
before Fl. W. Porter, justice. Hon. Mar
tin G. Everts, states attorney appeared for
the state, and Joyce e Lawrence for the
defendant.
Mr.. Everts said that while he was anXi-
Gus to dispose of the case, and while he
did not wish to keep the accused in Jail
without hearing longer than was abso-
iutely necessary, yet there is material
part of the evidence in the case which can
not be obtained till after the ruins of the
opera house are cleaned up and examined.
If the hearing was begun to-day it would
be necessary to continue it before the
close, and he thought it better both for the
respondent and the community that it be
adjourned till such time as the ruins of the
opera hall could be examined. He said
that he urged on General Ripley the neces-
sity of prompt action in the matter on the
WI uhJ Va thO Iit, pub thuo thS hith
were too hot to DO removed at once, and
all possible diligence would be used in the
matter.
Col. c. II. Joyce said that it did not seem
to him just to hold the prisoner on the evil
dence which was brought against him he
was arrested merely on suspicion, and he
thought that judge of the supreme court
would order him to be released. Mr..
Green, who had charge of the clearing up
of the opera house, told him it would take
three weeks to remove the brick so as to
ascertain whether there were the remains
of any of Hayes goods under them. The
evidence which the state expects to find is
merely circumstantal, and is no positive
proof of his guilt There is no precedent
by which q man arrested on suspicion can
be detained three weeks without an exam
inaton. 1t is one of the organic laws of
this state that man who is arrested shall
be examined, if not Immediately, at least
within reasonable time. He ought to
have hearing at once and if no evil
dence can be brought against the man,
let him go if there is evidence, bind HIM
up to appear at the county court and take
his chances there.
Mr. Eyarts said that he agreed with Col
Joyce that the respondent should have his
trial as soon as possible, and, as far as he
was concerned, he was willing to begin
Monday, but that the hearing would have
to be continued then.
Col. Joyce thought his client was arrest
ed merely on suspicion he would find
when the evidence was brought in that it
was something graver than suspicion.
While l do not intend TO state what the
evidence is, will say that it is of such a
nature that continuance would be abso-
lutcly necessary. All there can be in miti-
CATION of Hayes guilt must come from an
examination of the ruins, and for his sake
the case should be continued. The court
said that he should continue the hearing
from these facts, and he wished the coun-
sci to agree upon a day. Col. Joyce, Mr..
W. ~. lhNlcuCc, Ills J)dItneT, anu Nlr. +.
5. Fisher, friend of Hayes from Massa-
chusetts, then retired for consultation, and
when they returned Col. Joyce said that
Hayes counsel were not at liberty to agree
on anything that would interfere will. the
future action of his friends in the matter
Mr.. Everts said he was as anxious as any
one to get through with the matter and
that he had great sympathy with the re-
spondent. but that he had duty to per-
form MS prosecuting officer, and the com.
munty would not be satisfied, if the case
was disposed of before the rnins were cx.
amined it would be better for the respon-
dent, as well as for the state, to wait.
The court said that on this showing he
should continue the case till week from
next Monday (to-day), at nine O'Clock in
the forenoon.
Mr. F. S. Fisher of South Deerfield, of
whom Hayes learned his trade f. A.
Smith and Owen Cummins, his clerks,
were present at the hearing. Hayes was
not brought into the room.
Hayes friends are justly indignant at the
action of the court