The Dickinson press., 1895-03-16

Injunction was r%ellgiously observed.
kohler. the deputy clerk, asked in a
tremulols voice whether the Jury had
agreed upon q verdict. and Neil Nc
Nell, the foreman, stood up. His face
was chastity In its color, and there was
not q man on the jury unaffected by
the intense gravity of the situation.
iln,berlake's dark eyes shone like
slocs from his ashen visagc. and ever
the farmer members were visiblv hor.
rifed with the stern duty d~evolving
upon them.
eve 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 hand
ed to the clerk. Judge Smith looked
ove: the document first and returned
1t TO Deputy Clerk Kobler.
Dldn't Phaxe Him.
eve. the jury, find the prisoner
guilty" he read. Every eye was
turned toward the condemned a
There was nothing In his face to indi-
cate that lie had heard a word Of it.
He threw his head back as the word
only 10 adjust his collar band. He did
" "aAi~ ScAOI NY IL SlASAC
Twice he coughed-that strange, hard,
metallic cough that has been heard so
often In the last few weeks. Then,
looking around ut the crowd he raised
his eyebrows inquiringly as though to
ask: "Nhat 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 III
disnation 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 Il stay was grant
ed until next week.
At 2:45 Hayward was taken down
stairs and led back to Jail under q
strong police guard.
In the belief that trouble might oc-
cur If tho verdict exonerated Hayward,
a 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 it pushed forward over the
pavement toward him, and it is doubt
fui whether Harry Hayward would
have regretted an opportunity to mix
matters With some of the noisiest. He
was taken across the street on a dog
trot. with the yelling multitude at his
heels.
"Not YETI" Says Harry.
"Good by. Harry. old boy,' cried one
man at the top Of his voice. You're
q dead duck"
"Not vet" said Harry loud enough to
be heard i'll a radius Of twenty feet.
mot quite a dead duck yet"
According to the statutes of the state
only one fate "a 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
clincd they might be toward leniency.
For murder in the first degree the law
provides only one penalty. Judge and
jury alike are hut the agents of the
state for the execution of that law. and
the verdict Of the Jury has made the
sentence Of Harry Hayward as certain
as though the judge had already an
bounced 1t.
He. IL Sentenced.
Minneapolis. March 13.-"Hanged by
the neck until you are dead!'
Judge Smith said these fateful words
solemnly, vet with no especial en-
phasis and utterly without theatric
effect, and there was more than Il sus-
picion of moisture in his eyes as they
rested upon the well knit. well
grOomed figure standing at ease before
the bar.
The words affected the judge more
than they did the defendant, for Har.
ry Hayward, convicted of having in.
spired the brutal and unnecessary
murder of Kitty Cling, W lost his
nOchalance. He was "Monsieur Sans
Gene as he lounged there; he seemed
to have no more direct interest than
any other spectator; and when the
final word was spoken he nodded cas-
ually to the judge. as if to say: We'll,
old boy, this is one on me-" and then
he returned to his seat beside gaun,
Bill Erwin.
And thus ended another chapter OF
the Cling murder case.
BILE. He accepts it with a smile and
there is not so very much to live fol
after all.
"Hanging is not the worst by q
good deal" said the condemned man
ut Is nothing compared to the stigma
that a hanged man leaves behind him
am innocent. hut l have been con
victed. That tells the whole story sc
far as I am concerned now l shall he
hung beyond a doubt in my OWL mind
but l shall go to the scaffold as l Went
to-day to my sentence"