The pioneer press. (Miller, Hand County, S.D.) 1893-190?, 1895-03-14
TOOK IT C0OL-LY.
Harry Hayward Receives the
Death Sentence Without
FlinChing.
DECLARES he Is INNOCENT.
His Attorneys to Move for a
New Tria! Of the Case on
March %.

hfINHEAPoLIs, March l3--Harry Hay.
ward accepts the inevitable. He ac-
cepts it with smile and with the philo-
sophical remark that there is not SO
very much to live for, after all.
Hanging is not the worst, by good
deal. " said the condemned man, after
sentence Of death had been passed upon
him. 1T is as nothing compared 10 TIE
stigma thai a hanged man leaves Sc
J. nd him. | am innocent, but l nave
teen convicted. That tells the who'll
story, so far rs am concerned now. l
shall be hanged leyond doubt in my
own mind, but shall go to the scaffold
as went today to my 'ntence. have
10 faith in the result OF new trial.
I he evidence, as put IN by the state, is
too strong against me. am the only
man hearing all that testimony that
knows positively who told the truth
, Wilson lied deliberateiy-so did jerks,
or else he is desperately mistaken. l
was never where these men have sworn
thev saw me. Oh, no, it's all over but
the final ceremony. l fully expect TO
be hanged"
The Proceedings in Court.
The hand, registered 1915 when
Judge Seagrave Smith entered. His
appearance was the signal for quiet,
| although the hum OF conversation broke
forth again after he had taken Lis seat
and awaited the coming Of the defend
ant. Five minutes after the judges
arr val Harry Hayward came in with
| deputy, and the gathering again became
quiet
The defendant paused outside of the
ra Ing while his bracelets were re-
moved, and while the denuty was un-
! lock .ng them Harry looked around
clsua ", as if III search of a friendly
tace. He then entered the enclosure
and removed his overcoat and rubbers.
Having removed his outer raiment,
he seated himself at Erwin's side, and
after nodding to the newspaper boys
and several acquaintance. he chaUtad
in an undertone with the Tall Pine.
Erwin's Speech.
"Has the defendant anything to say
why Judgment should not be passed
upon him at this timer asked Judge
| smith.
ID it is the intention of the state to
move sentence at this time said Er.
win, rising, 1.-The defendant, through
| his counsel, moves for an arrest OF
Judgment on the ground that the in
dlctment did not charge murder IN the
first degree, nor in any degree, In fact.
Agan, the defendant, through his
counsel, desires to give notice to the
court and the pro ecution at this time,
that as soon as possible he will move
for new trial, alleging each and
every one Of the statutory grounds
AMI each and every one OF the eXcep-
tons to the overruling Of objections to
tho introduction or rejection o. certain
testimony; and, further, on the ground
that the trial was not fair, on account
Of the pubic terror overhanglng tie
court"
There has been no terror overhang-
ing me-" said Judge Smith, sharply.
II did not wish to be understood as
being PERSONAL" the Tai Pine haStened
| 10 say.
well, am the court in this case,
retorted Judge Smith.
When spoke" said Erwin, Il re-
ferred to al! of us, of course.
| The Motion for u New Trial.
Tho proceedings then larsed into a
casual conversation over the quest on
as TO the best time to present the formal
motion for new tr.al 50 as to have 1t
occur, under the law, prior to the close
of the present term OF court. There
was some slight disagreements as to
date, but it was finally decided that the
motion should be presented on March
2S. The court then formally denied the
motion Tor arrest of Judgment.
The defendant is ready to receive
sentence, your honor" said Erwin, re-
suming his seat.
HAYWARD arose leisurely and saunt-
cred over to the clerks desk, upon the
top of which he rested both hands as he
faced the arbiter OF his destiny.
Have you anything to say why sem
tence should not To passed upon you at
this timer asked Judge Smith.
Nothing, sir, except that am inno-
cent, in spite OF the Judgment OF tho l2
jurors
Having said this, he lounged at ease,
his elbow upon the desk and his chin
resting upon his left hand. His right
arm was akimbo and his legs crossed,
aud in this careless attitude he re-
ceived the death sentence.