The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-11-27
CRIMES AND CAsUALTIEs.
Execution Of the Murderer HauIey nj
Salem. Xa.

salem. Va.
SALEM. VA, November 26.-Thc eXecu.
ton OF Marcus De Lafayette Hawley. con.
vic,ed last month in the Circuit Court Of
this county OF the murder OF. Zlchariah
HAYS in June OF last year, took place here
to day. Both the murderer and the victim
were white men. The execution was con-
Quoted privately-ihe Cn'y persons present
being the officers OF The court, small guard,
minister Of the Gospel, and representative.
| Of the piess. The weather was exceedingly
disaereeable-col rain with snow and >lett
prevailing, the latter falling steadily during
| the hanging.
HISTORY OF HAYs's ASSASSINATION.
The killing Of Zacnariab HAYS was nothing
more nor less than deliberate assassination
resulting from fcud OF long Standing,
having it, origin IN suit for The posses ion
! OF about tifty acres of mountain lind elaine d
| by the father Of IIawley and by Hays. The
latter, some three or four years ago, sold
and conveyed the land 10 The elder Hawley,
with a contract that il it was not paved for
| in a certain time it should revert to Hays.
Upon the expiration OF the time OF the con-
tract Hawley had failed TO comply with its
terms, but remained in possession OF The
land. The case was then taken to the courts,
and after various trials Hays. in the spring
OF 1879, obtained judgment In his favor.
| A writ of possession was issued, and the
| UawIevs were ejecied from the premises
! into the public road, and HAYS took pos
session. There was much bad feeling, and
a great many threats were made on both
sides, and the magistrates OF that portion Of
Roanoke county were beset by both Hays
and Hawley for peace-warrants against each
other, but none were granted, Matters
CONTINUED in this condition until the 18th
of June, 1879. the Hawleys being dspos-
sessed, and bitter in their denuncia'ion;
but no one thought that anything would re-
suit from their threats.
About sunset Of the day mentioned Hays,
who had beer at wOlk in the field, left for
home in company with two other paliles.
They had proceeded but short distance
through the woods when shot was heard
and HAYS fell wounded. No one saw who
fired the shot, nor whence 1t came. Hays
was taken home, and upon examination II
was found that one shot--a 0uckshot-onlY
had taken effect, striking him in tbe neck
and lodging in tie spine, almost Severing
the spinal cord, and producing complete
paral, sis Of the whole body RON the chest
down. Havs fingered few days and died
from this wound.
The assassination had occurred in path
leading up the mountain. and the party who
fred the fatal shot had deliberately chosen
the point where he could stand behind a
fallen tree (which was used as bliDd), and,
unobseryed, have full view OF the path
along which his intended victim had to pass.
The Gun was heavily loaded with shot ana
sings. anumber Of which were subsequently
found i'm the bushes and trees along the line
Of firing. The wel-knowD bad blood eX-
listing between the murdered man and the
Hqwley family naturally caused suspicion
TO rest upon the latter, and they were all
arrested.
The family embraced the elder HaTley,
four sons Marcus ID. L., Peter, Calvin, ana
a Younger SOM, aud George Porter, who
had married one OF Hawley's daughters.
Upon the preliminary examination the
father and Youngest son were discharged.
and the others were sent on TO the grand
iurv. and subsequently indicted for MUIR
ner-Marcus ID. l.. principal, and the others
rs accessories.
Peter Uawlev was the first one tried. The
evidence against him was entirely clrcum-
.tanIiaJ. hut was of such strong character
that despite an able and Jealous defence
the inyy rendered verdict OF guilty Of
murder in the second degree, and he was
sentenced 10 the penitentiary for thirteen
years. A writ OF error was applied Tor,
and lis case is now before the Supreme
Court OF Appeals.
Calvin was next tried, and the jury IN his
case returned the very singular verdict OF
accessory TO manslaughter, ana be was sem
fenced TO the penitentiary for one year. a
now trial was asked in his case; but when
Marcus ID. l.. was found guilty OF murder
in The first degree, his appesl was with
drawn, and he is now serving out his term
OF impri>onment. ..,
The case OF Marcus ID. L.. after several
combinations, C me up for final trial before
The Circuit Court in October last. lie bad
an excellent Jury, and was defended by able
counsel. In addition to the clrcumStantial
evidence developed in the trial OF Peier, an
amt of the Haweys was put upon the
stand, and testified that on The night OF the
day on which Hays had been murdered
Marcus. Hawley had come TO hef mouse,
seemingly greatly troubled, and told her
thai he had shot Zach. Hays, but that 1t was
because be was afraid Hays would XIII MIN.
The defence proved that Hays was vlo-
lent man. and had threatened TO XIII HaW-
lev on sight, and that he was armed on
the very day he was killed; but DESPITE
this the Jury were unanimous III verdict
of murder in the first degree.
The trial lasted three days. and ut its con-
clusion motion was made Tor new t'lai J,
hut II was promptly. overruled. The Court
Of Appeals was~nexL tiled, but refused 10
disurh The verdict. As a last resort, the
Governor was petitioned 10 commute the
6eatb.sentence 10 REIMBURSEMENT; but
even this hone was OF but short duration,
as the Governor, after giving careful con-
sideratjon TO the records IN the case, de-
clined 10 interfere. Since his conviction,
N,rcus has confessed the whole thing, but
| i'm nlic,,ed no one else. The belief is strong
| in the country that Peter. who is under sen.
fence for thirteen years, was convicted
unon insufficie evidence, and Calvin
unon no evidence at all but that the jury
| i'm tho latter's case thought he ought TO be
nunjsbed auy how, and brought In ridicu-
| ions verdict. George Porter, the brother
in.law. was discharged, As there was no evil
dence against him, only he had married a
| Hawley.
On wednesday evening last Hawley was
MARRIED TO MAMIE HAWKINS,
his naramour. lie had previously sent a
note to her, in which he stated that 10 ac-
cordauce with her expressed wish and his
own desire he would like TO carry out the
VOWS he had made TO her; that he wanted
their two children 10 have ibe right to his
name. Accordingly the two were united
In wedlock by the Rev, X. A. Goodwin, Of
| the Episcopal Church. Hawley was then
baptized and received into the church. The
ceremony was OF unusual solemni,y and
iu ri esslveness. and the prisoner wept free.
| ~. He was alfred In new suit OF black,