The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-03-09
HARRY HAYWARD APT TO HANG.
THE JURY BRINGS IN AvERDICT OF
GUILTY.


Not Broken Until He Took Up the
Question of the Motive for the
Crime-The Jury Out Four Hours.
Minneapolis. Mimi. March s.-Attorney
Erwin concluded his address this morning
in the Hayward case.
Scarcely had a moment elapsed after
the close of Mr.. Erwin's address when
Judge Smith, by a slight rustic OF the
manuscript before him, announced that
me was about to open his charge. Through
long lines Of legal phraseoIogy he read
The definition Of what constitutes a charge
of murder in the first degree until he had
reached the summary of his opinions
concerning the evidence. The effort Of
the defense to esablish the theory that
Miss Cling was killed by blows rather than
by a pistol shet,th court took to be simply
an effort to discredit the testimony Of
Bzt and as to the value of that effort
ii was for the jury to decide.
The first thing which they would be
called upon to consider when they entered
their room, the court stated, was the evil
dence that Blixt was the man who directly
committed the murder of Miss Cling. II
they could not agree upon this primary
point said the court, they need not con-
slider the case further but return a YER
dict Of not guilty. But if they agreed upon
this point that Blixt did commit the muir
der, then they were to pass on to the Sec
ond question, did Harry Hayward insti-
gate, induce and secure Blixt to commit
the crime? If they found that he did, then
they were to bring in a verdict Of guilty
as charged.
His honor gave the usual explanation
of what constituted a reasonable doubt
and set forth clearly and impartialIy the
various alternatives to which the belief
or dscrediting of the testimony would
entitle them, and not until he came to
the question of motive was the monotony
of the charge broken.
IT. said he you find from the evil
dence that the prisoner had sufficient mo-
tive that would induce him to commit the
crime, you are to take that into serious
consideration in connection with the other
testimony, IL will be one Of the important
factors in the decision of your verdict"
1T was presumed. the court said, that
the loans We're valid and il was incumbent
upon the state to prove that they were not
So In dong this, however, it was not
necessary that the jury accept only direct
testimony u could. take into considera-
uon circums tantial evidence and legal
proofs"
Reviewing the salient arguments of both
The prosecution and the defense stfI fur
ther Judge Smith said that in drawing
conclusion from this evidence they could
take into consideration their own exper-
1enee and observations of the attitude
and conduct of the witnesses upon the
stand The evidence of an accomDlice
should be carefully taken, and its rela-
hility and probability closely examined,
as well as any hopes or promises Of remun-
Grafton held out to the other witnesses.
When the verbal testimony of the de-
fendant is in evidence the whole must be
II taken together by you and carefully con-
sidered. This case, although a charge of
murder in the first degree, is to be re-
eeived and treated by you the same as
any other case, however Slight the law
fixes the punishment
You are not to take into the considera-
uon the opinions, statements or theories Of
any of the attorneys in this case unless
founded upon evidence.
You will now take the case and render
verdict in accordance with the law and
evidence"
The jury then retired at 1880 o'clock.
Ihe jury after retiring, ate dinner took
one ballot and found Hayward guilty of
murder In the first degree. At 2;10 o. clock
~ reported an agreement, and at 2:SO
clock the verdict was rendered.
When Hayward appeared, he was as
"a
entity as cool as ever, but he was somewhat
Out of humor, for he threw his hat down
on the attorneys table with force enough
TO split it. His attorneys cautioned him
Iol TO exhibit any temper and he sub
sided.
Nnen the verdict was presented every
eye was turned to Hayward as the clerk
taTted to read the verdict. There was
nolhlng in his face to indicate that he had
aiedrd a word of it. He threw his head
PACK as the word guilty was pro-
hoQnced, but it was only to adjust his
coAaroand. He did not change color in
ne slightest. Then, looking around at
lne crowd, he raised his eyebrows in
Wquiringly.
During the polling of the jury he listen
eu 70 the answers, but the expression in
ils Iace was one Of indignation rather than
any other sentiment. In obedience TO the
Instructions of County Attorney Nye, who
was absent on account of sickness A.
IIail assistant attorney, moved for i'm
ltedlate sentence, but the court decided
1iol TO pronounce sentence until Monday.
hayward was then taken back to iail
IH1er stronger guard of officers. He
flhned at the mob and appeared to be
I.erested in its noisy demonstrations.
Good-by Harry, old boy, you're a dead
luck' yelled one of the crowd as Hay
ard passed out.
Not yet answered Hayward in firm
Eoce
Inc jury was adverse to talking at ell
oout anything, but it was ultimately
armed from one of the members that a
ole was not taken until about half an
Ouf after dinner, and that only one was
ecessary.
W. W. Hayward learned the news of
sons conviction from an extra paper
1iehased from a newsboy.
~ L. I. Hayward, a brother of Harry,
2ohe as follows about the verdict: II
ave told my father all along that nothing
1' verdict of guilty could be expected
ON the line of defense which has been
-Isued. But the old man don't believe
=" that Harry ever did the thing /
lsht against the adoption of this line of
lense all along. Harrys condition of
iad was not right on moral questions.
~ It insanity if you will. His mind was
ordered on that subject. He could not
unguish between right and wrong.
amer would not admit that his son
uid do such a thing. even if he was in
ls ana, therefore, he insisted on this
le Of defense"
monday, April 10, has been set as the
le OF the trial of Clans PIivt ie