Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1895-11-28

liz
the Bate of the Execution.
st. Paul, Nov. %. - The supreme
court has sealed the fate of Harry
Hayward by affirming the decision of
the trial court in Hennepin county,
and 1t now only remains for the gov
ernor to fix the date Of execution. The
court was unanimous in sustaining the
conviction of Hayward, but Chief Jus
tice Start dissents on one proposition.
He holds that the testimony of Mrs.
Hazelton that Miss Cling had told her
she had a business engagement with
Hayward that evening was not ad-
missible on the ground that it tended
to characterize her subsequent acts
and her departure on the fatal ride
soon after she made the statement.
He holds that 1t is assuming a wrong
reason for a right conclusion, and that
the admission of Mrs. Hazelton's testi-
mony should have been sustained on
the ground that 1t was original evil
dence tending TO c~Orroborate that Of
BliXt that she did meet Hayward. The
opinion is written by Judge Canty.
Now that the supreme court has de-
cided the case, the attorneys for the
defense have ten days in which to ap-
ply for a reargument, or they may pos
sibly have longer. They are allowed
ten days In any event, and occasional
ly where the attorneys in a case state
that they cannot prepare the papers
for the application within hat time
they are granted further time, DC
casionally as much as thirty days. III
the application is denied the case will
be certified back TO the district court
which then reGai1s it's juTi >diction,
and the clerk Of that court will again
certify the case, with the evidence, to
the governor. who will issue a man
date to the sheriff Of the county order
ing that
The Execution.
take place upon a date fixed. At this
rate 1t will be some time before the
execution can take place, for, at best,
the case cannot be sent back to the
district court under ten days, and, in
ase an Applicant for a reargument
Is made and granted, there will be
another stay until after the date when
the court orders the reargument to
take place. 1t is fair to presume that
the attorneys for the defense will take
advantage Of the privileges allowed
by law and give their client as long a
lease Of life as possible, so it will prob
ably be at least thirty days before the
date Of execution can take place. The
ten days which the attorneys are al
lowed for applying for a reargument
will expire Nov. 80. If the application
is granted there would undoubtedly be
another stay Of at least twenty days,
md cn-nn tiupa will hn naa,riaI In
pairing and sending the case around
the course, so the chances are that the
execution will not take place before
January.
Gov. Clough was seen, but replied
to the questions that there was moth
ing for him to say, as the case had not
reached him. When it did it would be
decided promptly, and that was all
there was to it.
Breaking the News.
Minneapolis, Nov. a. -Jailer West
was the first one to break the news TO
Hayward. The jailer said: well,
Harry, it's gone against you. The SUI
preme court has refused you a new
trial" Harry turned several shades
paler as he arose to receive his death
message. Well" said he, slowly,
I've been expecting it," That was all
his comment.
From this time on Harry will be
closely guarded. Ex-Jailer Wheeler
has been placed OH guard as day
watch. and at night Brusyen, VIVA has
been watcher for the last month. will
be continued. 1t is bei.Gred that two
death witches will now be put on
guard before the door OF Hayward's
cell. but nothing will be determined
before Sheriff Holmberg returns from
Omaha, where he went last night.
Hnywnrd's unnin
A find was made in the search
through Hayward's cell this morning
which startled the s%earchers, of whom
Agate Anderson was in charge. One
of the Stats in the iron frame work Of
the bed on which Harry has been sleep
ing was found to have been bored out,
and in the aperture a soft roll, APP
parentiy Of paper, was found. The at
tention Of the searchers was called to
1t and with breathless interest they
watched Anderson pull out three 500
bills. AS they were unrolled and held
up to the light, one Of them was shown
to have been pasted together in the
middle. Where could the three bills
have come from? All the other bills
that had been torn were returned TO
Mrs. Hayward by Harry. who re-
them from Jailer West. The
transaction was in his presence,
and it would have been indeed a very
slight Of hand trick which could
transferred even one of the bills
to his own person under the ~jailer's
watchful eyes.
Still. there they were, and as they
were found so they were brought up
to the sheriff's office ard turned owe
to Deputy Phil Megaarden. 1t is be-
lieyed at the office that these bills
form a part of the missing 500 Of
which so much has been said, and if
this is true, 1t quite exculpates Mike
Kierce from the suspicion of having
down a few hundreds, as has
been intimated by Hayward SO broad
ly.
Later a close examination Of Hay
shoes showed Jhat under he
insole of one q small cavity which had