Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1895-06-06
HAYES CONVICTED.
Of Murder in the Second Degree
for Killing Booth.
In PRISON FOR Is YEARS
William Allison, the Great Confesser
Given Fifteen Years in State PRISON.
Frank Ward ) Years. The
Bad Gang Safe.
Wednesday Morning.

Wednesday Morning.
Hayes trial was resumed and Ludlam
Lee was again called to the stand.
He said he was aroused on the night in
question by noises at Hayes house, hust-
ling, shuff1ing, cursing, and noises like
throwing something against the side Of
the house; he shortly afterwards saw
man staggering out from the house and
up the railroad; the lamp in front of his
store gave plenty of light. When this
man came out he had his hand on his heart
and said "Boys Pm cut bad, Pm killed.
Mr.. Lee said he thought this was the
exact language. A number of men We're
| on the railroad when the man came out.
Jacob Sands was called, but his evil
dence was not admissible. Also County
Clerk Trenchard.
A. P. Johnson was called to the stand
| to prove the door which had stood be-
| tween the Williams and Hayes rooms,
and to establish the fact that the door had
| been broken open with force. The door
| was put in evidence.
DR.. David R. Streets was called as an
expert by the defence.
He was to show that a man, with his
heart cut as was the heart of Booth, could
| not live to say all that it was shown by
| the State Booth had said. This testimony,
| if admitted, would also contradict what
their own witness, Ludlam Lee, had
| sworn to.
Judge Reed showed the defence the
1 II tbax, in, l,xyf Off
the Prosecutor had objected to the admis-
sion of the evidence, but they persisted,
and the doctor said he had made study
of the heart of the victim.
The heart, which was shown, showed
an.incision at the apex of the right ven
tricle of the heart.
The doctor answers We're very guarded
and did not seem to prove anything, after
| listening to what Mr.. Lee had said.
With this, the defense, the State began
the rebuttal and Samuel Harris was
| called.
Harris said he did not see Hamilton at
Williams or Hayes, on the night in
question, and did not hear Booth make
the threats that Hamilton had sworn he
made.
Watkins Jackson, Kid Moore, Frank
X. Ward, all swore the same way.
Ex-County Clerk T. G. Compton was
sworn, and told about issuing warrant
to Sandy Hayes for the arrest of Jack
Booth, Tom Shorts and 'Snowball" on
the night of April 9th. The papers were
not served
Constable George Reed was put on the
stand to contradict some of the testimony
given by Andrew Williams. The cross
questions by Messrs. VanSyckel and
Ware showed that the Constable had tried
to immortalize himself and become a sec
ond victim.
With this witness both sides rested, and
Judge Reed said he would allow counsel
an hour and half on a side for summing
up. Court adjourned for dinner.
Wednesday Afternoon.
When Court met at two o'clock Prose-
cutor Logue opened the summing up.
He first stated that, under the circum-
stances surrounding the case, the State
would not contend for verdict of guilty
of murder in the first degree.
He insisted, however, on verdict of
murder in the second degree.
The summing up on the part OF the de-
fence was begun by Mr.. Ware, and he
skilfully analyzed .the evidence. He
claimed an acquittal for Hayes.
Mr.. Ware was followed by Mr.. Van
Syckel, who made one of the best, fairest
and most logical and reasonable argu-
ment he has ever made in this Court
He said they We're not clamorous for
verdict of murder in the second degree,
nor for a verdict of mauslaughter. They
wanted, and were warranted in conf
IDENTIFY expecting, a verdict of acquittal.
His argument was able one.
Prosecutor Logue concluded the sum-
ming up for the State.
Judge Reed charged the Jury very
clearly-the weight of his charge pointing
to a return of a verdict of manslaughter
He said that this was an indictment for
murder, and under it, the jury could rem
der a verdict of murder in the first de-
gree, murder in the second degree or for
manslaughter, or they could acquit. Said
he ''as the State does not insist on ver-
dict in the first degree, although it is in
your power to render such a verdict, you
wouldn't think of finding in the first de-
gree, after what the Prosecutor has said.
The question therefore is whether the
crime is murder in the second degree or
manslaughter."
The Judge then defined what constitute
ed murder in the first degree, and what
manslaughter.
He then carefully reviewed all the
phases of the case which had been pre-
sented by the evidence, eliminating muir
der in the first degree entirely, and
urai crhirncr 1t as IL atfncina Tho olor,onf, of