Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1883-08-19

Joe Hays. Who Killed Dick BaIkfr IN
Astoria. is Acquitted by the verdics
nf

doe uayN. Who Killed Dick BakRP A
Astoria. is Acquitted by the Verde,
OF Jury.
The Asiorias of Friday morning give
the following account of the last day O.
the Hays murder trial, and the final re
suit:
The court room was even Iaor.
denseiy crowded yesterday than the da,
before by those who watched the pro
gress of the trial OF Jos. Hays for tbs
alleged murder of Z. ID. Baker. which
has ocsupie1 attention of the court
sisce Wednesday morning. In copsiu
uance of the prosecution YESTERDAY
morning Z. Thompson. II. Mccormack,
and j. johnson we're placed ON tht
I Witness stand, and at the oonci1aion oi
then testimony court adjourned to
PM
Upon reassenblins the following sit
nesses were called by counsel for de.
PENDANT: Drs. Baker and Fulton. T.
/ Wallace, George Hill and Peter Hall
whereapon defense rested and the case
went to she jury. no rebuttInQ testi-
mony having been offered. T. D. Win
ton opened for the prosecution, and in
an exposition of the cas6 on behalf of
the State. claimed that the testimony
showed e deliberate and successful at
tempt on the part of the defendant,
Hayes, 10 murder; that more particu-
larry the evidence of c. Radmeyer and
Hat.is Marks pointed to him as the man
who committed tina murder, and that
justice demanded q verdict eommensu-
rate in severity with the magnitude of
the crime committed. He vas followed
by F. Il. Strong for the defense, who,
omnenting On the testimony offered
and the Circumstances under which
the crime was alleged to have occurred,
claimed that the testimony ad-
dCoed By the prosecution was not suffi-
oiently strong to justify q verdict of con-
demnatien, and that under no consider
alton could finai penalty of right at
tach to the punishment of the crime
said to have been committed.
He was followed bye. w. Fulton, who
vent at length into the history of the
affair, and tbs circumstances which had
preceded II, and in review o; the testi-
mony and the motives ascribed to de-
PENDANT, argued that those motives did
not exist in fact, and that \ strict in
hAC~stt4O4 Va b44C kS5blIIoAy IIuSt Vi
necessity result IN acQuittal;that Though
1t vas without DOUBT murder had been
oommitted,yet all that had been brought
forward by tbs prosecution had failed
to substaRtiats tie assertion OF the de-
PENDANTS guilt.
District Attorney Mcbride closed for
the state, and in answer 70 preceding
counsel, spoke of the necessity Of i'm
partial justice and the protection de-
handed by society: he took up the tes-
timony OF the different witnesses and in
comment argued that it vss most d.
rect and conclusive, and furnished
abundant proof that the defendant was
guilty, and that q verdict to that effect
should be rendered sy the jury.
AT 9 O'Clock the judge made the usual
charge to the Jury, Who retired to their
room to consult as to their verdict.
About 1890 the jury sent word that
they had agreed. The court was sent
for, and presently the several officers
came in enc by one. The sheriff brought
in the prisoner and at IL o'clock, cGun-
sci bsiHg present, the jury filed in.
Judge Bennett asked the foreman il
they had agreed upon 6 verdict, and be-
ing answered in the affirmative, asked
for the verdict, which was handed him.
The verdict WAS Not guilty."
Editoriaily thu As.ofian comments
upon the result of the trial as follows:
AT ii O'Clock last night Jury brought
in a verdict of not guilty. While trial
is pending it is not the province of a
newspaper 10 comment, but after il is
ell over, the action Of the jury is fit sub
ject for an expressed opinion. We be-
lievs the verdict in this case will be read
with surprise by sysry one. and that it
Is mockery OF justice. II 10 Just the
same As saying that killing in Clatsop
county is not punishable ofgensei it ia
tacit surrender Of all safeguards, and
vii. be taken as an invitation to all to
commit des6s ef lawlessness. Let Us
not be misunderstood. We 60 not cues
ton the motives, the integrity nor the
intentions of the jury that brought in
thu verdict, but the irresistible logic Of
such action az theirs 10 shat e NAN can
be killed in Astoria in cold blood and
the murderer go free. Every pimp in
the country aap make this place his
headquarters, and il one lf them gets
into trouble twelve good men and true
can acquit him and it will be all right"
WHY THE VERDICT WAS GIVEN.
ASTORIA, August 17.-Thsre has been
much uRfavorable comment on the
streets today at the result Of the trial,
and also concerning the mental qualifi-
cations of the jurors. Your correspond
ent interviewed eight of them today,
and ascertained that the aequittal re-
suited from. a .nse of their dut 4 to give
the accused the benefit of doubt.
They affirm that no witness swore to
having seen q knife in Hayes hand
when Baker was stabbed, but one wit
ness did swear he saw = knife In an
other mans hand, and that in the same
afray Greek fisherman had both
wrists cut by another man than Hayes.
Hattie Marks, the variety oaitress,
swore on direct examination that she
heard Hayes say to a man. Spud, open
the door, for have Gu. Baker" In the
GROSS examination she admitted that she
might have been mistaken as To the
words uttered. Then she declared
again she was snre he used them, bat
admitted the habit of drinking while
acting as waitress. Her prevaricstipn
and want OF direct proof that Hayes
was seen with knife at the time of the
stabbirg, and the prosecution not pro-
ducins "Spud" to corroborate Hat
ties assertion, vas made the
most Of by Strong aud. Full
ton, defendants cou nsel, and the
jury say, made the case one Of circum-
sssntial evidence, and consequently they
gave the Erisoner the benefit Of the
doubt. as the::lsv provides. yet, at the
first vote. they stood eight for guilty, to
four not. This led TO discussion OF
the evidence. The second ballot stood
seven not eriity; the third eight, the
fourth ten. the ffth eleven, and on the
sixth the verdict was agreed on. II Ii
now in order for Hayes to appreciate
his lucky escape from the rope which
dangled over his had, and not tarry in
his departure for other scenes.
TEE DeACOS's DECISIVE PETITION.