Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1895-03-14

attention was to DO paid to the utter-
ances OF attorneys on either side, ex-
cept as based on the testimony, but
when the evidence was placed IN sss
jury's hands Ii was the duty OF the
jury to decide, after weighing Il care
fully, whether 1t was sufficient to IN
tain the charge against the defendant
Guilty rs Charged.
The charge was perfectly satisfac-
tory to both sides and no exceptions
We're noted. 1t was generally conceded
to be fair and impartial
The ruling passion In Harry Hay
ward was strong In the presence OF
death. He placed a bet of $40 this
morning that the verdict would be an
acquittal and that 1t would be reached
Inside Of two our by the jury.
Judge Smith stayed in the court
room until noon, and then, as no word
came from the jury room, went home
to dinner. The court was adjourned.
At 2 O'Clock the jury reported that
they ha a"re,d upon n verdict and
the judge was sent for. He ordered
that Hayward be brought in. When
the prisoner arrived he was the coolest
man In the court room. He sat there
amid the solemn silence Of the big
room, scanning the faces of his twelve
countrymen, n by one, as IL to learn
In advance whether any ray Of hope
lurked behind their impa@ 'iveness. The
jurymen looked stern and sad. The
story they had to tell could be read in
their faces and Hayward knew his
fate before a word was spoken. No
spectators were admitted. The only
persons present when the verdict was
handed in were police officers, sheriff's
deputies and reporters, besides the
judge and clerks. Outside a bowling
anxious mob awaited the news, and
awaited It with ghoulish impotence.
When Judge Smith arrived he issued
strict orders to admit no one, and he
injunction was religiously Observed.
Kobler, the deputy clerk, asked In a
tremulous voice whether the jury had
agreed upon a verdict, and Neil Nc
Neil, the foreman, stood up. His face
was CHASTITY in its color, and there was
not a man on the jury unaffected by
the intense gravity OF the situation.
Undertakes dark eyes shone like
sloes from his ashen visage. and even
the farmer members were visibiy ior-
rified with the stern duty devolving
upon them.
1--WE have agreed" said Mcneil, In
a voice that was scarcely audible, and
the folded piece OF paper that meant
life or death to the accused was HIND
ed TO the clerk. Judge Smith looked
over the document first and returned
1t TO Deputy Clerk Kobler.
Didn't Phase Him.
"We, the jury, find the prisoner
guilty." he read. Every v was
turned toward the condemned man.
There was nothing In his face to indi-
cate that he had heard a word Of II.
He threw his head back as the word
guilty" was pronounced, but is was
only to adjust his collar band. He did
not change color by a single shade.
Twice he coughed-that strange, hard,
metallic cough that has been heard so
often in the last few weeks. Then.
looking around at the crowd he raised
his eyebrows in~quiringly as though to
ask: What next?"
During the polling Of the Jury he
listened with evident interest to the
answers, though what they might be
could signify nothing to him. The ex-
preston in his face was one Of in
dignation rather than any other senti-
ment. Judge Smith then voted his
thanks to the jury for their labors in
connection with the case. At the re-
quest Of the defense a stay was grant
ed until next week.
At 2:45 Hayward was taken down
stairs and led back to jail under .
strong police guard.
In the belief that trouble might DC
cur II the verdict exonerated Hayward,
n force OF determined officers had been
detailed to duty In the court room and
vicinity. An immense crowd awaited
the prisoners coming. He grinned at
the mob as 1t pushed forward over the
pavement toward him. and II is doubt
full whether Harry Hayward would
have regretted an opportunity to mix
matters with some OF the noisiest. He
was taken across the street on q dog
trot. with the yelling multitude at his
heels.
"Not Yet" Says Harry.
Good by, Harry, old boy" cried one
man at the top Of his voice. You're
q dead duck"
"Not yet" said Harry loud enough to
be heard in a radius Of twenty feet.
"Not quite a dead duck yet"
According TO the statutes Of the state
only n fate can await Harry Hay
ward--a sentence to be hanged by the
neck until dead, and that sentence to
be pronounced by the lips Of the Judge
before whom he was tried. Neither
the jury nor the judge could alter the
sentence no matter how strongly in
Filmed they might be toward lenieney.
For murder In the first degree the law
provides only N penalty. Judge and
jury alike are but the agents OF the
state for the execution Of that law, and
the verdict Of the iury has made the
sentence Of Harry Hayward rs certain