Courier Democrat. (Langdon, N.D.) 1891-1920, 1895-03-14

w WILL CAlc punishment AuAlCIcO' NV
was, to be paid to the utter
ances Of atsjtneYs on either side, ex-
cept as ba ia Of the testimony, but
jury's hands itfwa. the duty Of the
jury to decide, 4fn Aeighing It care
fully, whether ibwas' sufficient to sus-
tain the charge against the defendant.
Guilty as Charged.
ehe charged was perfectly satisfac-
tory to both sides and no exceptions
were 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 bet Of $40 this
morning that the verdict would be an
acquittal and that it would be reached
inside Of two hours 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 hal AIRED upon 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, one by one, as If to learn
in advance whether any ray of hope
lurked behind their impassiveness. The
jurymen looked stern and sad. The
story they had to tell could be read In
their faces and Hayward knew his
fate before q 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 impatience.
When Judge Smith arrived he issued
strict orders to admit no one, and the
Injunction was religiously observed.
Kobler, the deputy clerk, asked in a
tremulous voice whether the jury had
agreed upon verdict, and Neil Nc
Neil. the foreman, stood up His face
was CHASTITY in it's color, and there was
not q man on the jury unaffected by
the intense gravity Of the situation.
Undertakes dark eyes shone like
sloes from his .ashen yisage. and even
the farmer members were visibly hor-
rified with the stern duty devolving
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
over the document first and returned
1t to Deputy Clerk Kobler.
Didn't Phase Him.
eve. the jury, find the prisoner
guilty." he read. Every eye was
turned toward the condemned man.
There was nothing in his face to indi-
cate that he had heard word Of it.
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 inquiringly 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 i'll
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
cd until next week.
At 2:45 Hayward was taken down
stairs and led back to Jail under a
strong police guard
In the belief that trouble might oc-
cur If the verdict eXonerated Hayward,
4 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
full whether Harry Hayward would
have regretted an opportunity to mix
matters with some of the noisiest. He
was taken across the street on dog
trot, with the yelling multitude at his
heels.
"Not Yct.' Says Harry.
"Good by, Harry. old boy" cried one
man at the top of his voice. You're
dead duck"
"Not yet" said Harry loud enough to
be heard in a radius of twenty feet.
"Not quite dead duck yet"
According to the statutes Of the state
only one 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
clined they might be toward leniency
For murder in the first degree the law
provides only one penalty. Judge and
jury alike are but 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
rs though the judge had already an
bounced it.
BATTLE WITH BANDITS.