Morning journal and courier., 1880-05-13
Hoyt and the scaRold.


 II This Morning.
 Hoyt, the murderer of his father, sentenced to be hung this morning, was brought once more from the Bridgeport jail to the court room in that city yesterday, in pursuance oi the last efforts of his counsel to save him from the scaffold. Sheriff Sanford, of Fair. field county, and the jailer, MT. Wells, rode with him. The prisoner was manacled He was taken into the office of the Stats attorney, where he remained for some time, until he was wanted in the court room. He was calm and easy in his demeanor, without any ap pearance of bravado, and seemed like a man in dream. He remained perfectly silent and quiet. In the meantime Mir. Taylor, his counsel, was busy in the court room looking over the papers he was to present to the court. Judge Blydenburgh was before the Supreme Court at Hartford, with 8 writ oi error asking for new trial.
 Hoyt's petition for the issuance of a writ oi habeas corpus was one of the papers. It was in Hoyt's handwriting, the letter small and cramped but tolerably legible- It was drawn up by MT. Taylor and was as follows: To the Honorable Superior Court now in session al
 
 Edwin Hoyt, of Sherman, in said county, complains and says that he now is and for many days last pas out law right in the County Jail in Bridgeport by Aaron Sanford, the Sheriff of said county. The com habeas corpus, to bring him, with the cause of hi imprisonment before said court to the end that whA appertains to justice may be done.
 Dated at Bridgeport, May 12, 1880.
 Then followed Hoyt's oath as to the above and the clerk of the courts summons to bring the body of Hoyt into court. Judges Sanford and Hovey came in at half-past Il, when the proceedings began. Hoyt was brought into the court, which was half full of spectators by Sheriff Sanford, and placed in the prison CTS dock. He was not ironed, but a deputy was stationed at his side. He was plainly dressed, and looks like an ordinary mechanic. His hair is grey but his moustache, the only hair upon his pale face, is black. He looks as if he was forty five; in reality he is but thirty weight. Beyond an occasional lowering of the heavy eyebrows, causing an ugly scowl, his face manifested no emotion. His eyes wandered about the court room and he listened to the lawyers, but with no especial tokens of interest.
 State Attorney Olmstead read the rejoindel of the State, showing that the prisoner was confined at the order of the court the mitti- mus directing that he be kept in the county jail until May 13. when he should be hung by the neck until dead. The phraseology was similar to the other paper in it's legal verbiage.
 In answer to the return of the officer, the lawyer for the defense submitted the follow ing claims:
 Firss-A denial that the court rendering the judg. ment and granting the warrant had jurisdiction of the person and subject matter to do
 second-There is record in this case showing any original complaint with the proper proceeding thereiD or showing lawful commitment
 maon b nroner bench my is!ed tbereon trisI. Fourth-There was never any legal indictment by the grand jury of the petitioner whereon he was held for trial and convicted.
 Fifth-Thsre never a legal finding by the grand jury of said indictment nor the same ever duly and leg lily returned to the court.
 sixth-There is no legal record of legal arragu ment of the petitioner any legal record showing the presence of the prisoner in court during his trial
 Arguments followed upon the sufficiency of the answer of the counsel for the petitioner for new trial. The State attorney said the court alone could pass upon the legality of the mittimus and paper of execution. Messrs. Stoddard and Taylor replied, setting forth that the record would show that the judgment of the court which convicted Hoyt was ille- gal. The record was unimpeachable. Ooun- sel continued their arguments, drawing some fine technicalities
 The Final lReSuIt-The Court TRemands
 the Prisoner to the Custody of tho
 Sher1Jf-HOyt to be Executed To.Day
 at About Il as me
 As before stated the question bsfore the court was whether Hoyt was illegally in the custody of the sheriff. Judge Sanford held that the judgment was legal and that the sheriff held the prisoner legally, and therefore declined to discharge the prisoner and re- manded him back to the custody of the sher- if.
 The execution is set down to take place this forenoon at about Il o'clock.
 The rope having been found too large has been discarded and an ordinary half inch rope has been substituted. Hoyt's jaiIer says that the prisoners appetite has been excel lent, though few days since he did not taste food for twenty nine honrs. He is asserted to be believer in Spiritualism and his talk is rambling at times, queer and childish. He has attached much faith in dreams and has claimed all along that his dreams told him he would not be hanged. Tuesday night he re- peated what he said the night before about being warned in his dreams that he would be saved from the gallows.
 "My dreams always have come true," he observed, "and this one will come true in the same way. I guess I am something of Spiritualist, he said in this conversation, 'be- cause while sleep see people who are dead or far away, and they talk to me and tell me what is going to happen"
 On Monday, after his wife had left him, he said "It didn't surprise me much to see her, because l was told in @ dream last night that she was coming" It was her first visit to him in two years. The same evening his jailer, Mir. Wells said to him: ssThere's no chance for you, Hoyt; you might as well make up your mind now that you are going to swing on Thursday"
 II don't believe. it." replied Hoyt, quite in- diEn~ank1x7 gh,,k take It's course, suppose. I'm not going to oppose it at all, or try to place anything in the way of the officers"
 Much of Hoyt's talk Tuesday night ran on his past life. He spoke of his feats In chop ping wood, of his experience in the army, and recalled many incidents of his school days. He also read aloud @ chapter of the Bible and dwelt at length upon some of the passages. II can't quite understand this verse, he would say, ''but know pretty near what it means. I shall have to ask MT. Maxcy (his spiritual adviser) to explain it little" Upon other passages he would make remarks somewhat in the nature of a brief sermon.
 During all this time he was cheerful, easy and evidently free from all traces of worri- ment.
 Tuesday the elder of his two sisters called upon him. She was much affected during the interview, but Hoyt manifested no concern or emotion. 'I think that woman is crazy," said he to his attendant, after her departure "What makes you think so p said the other. 'sWell, she talked kind of crazy; but perhaps Jailer Wells had been talking with her and got her excited. suspected though when she was here before that she was crazy, and now am pretty sure of it."
 z Hoyt went to sleep at three o'clock Wednes- day morning (having been necessarily talka- tive all the hours previous), and slept until half past five. when he awoke and was provi- ded with breakfast. After eating he remarked that he had had good nap on one side and would now take one on the other, as he would have to see many visitors to day and wanted to feel comfortable. In a few minutes he was again sound asleep, and was still sleeping when Sheriff Stone went of watch at half past eight a. m.
 The Denial of tIae Writ of ErrOr.
 The Supreme Court judges denied the writ of error yesterday morning. At eleven o'clock the sheriff of Fairfield county re- ceived 8 dispatch from the Chief Justice an nouncing the fact and ordering that the exc cution proceed. Hoyt's counsel labored with unremitting efforts and were busy until after midnight. The dispatch of Chief Justice Park was received as above stated, and half an hour later the Superior Court at Bridge port proceeded to hear the habeas corpus case.
 Yale vs. Harvard Saturday.