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

granted until next week, when O mo-
ton will be made for a new trial. If
this is refused an appeal will be taken
to the supreme court.
Had the verdict been one Of acquittal
Hayward would have been lynched
and nothing could have prevented it,
as the mob about the court room was
large enough to overcome the entire
police department.
The Days Proceedings.
Court opened an hour earlier than
usual to give Mr.. Erwin the time to
close his argument for the defendant,
which had already lasted two days.
Erwin began by pointing out that the
loan Harry Hayward made Miss Cling
had not been attacked in the evidence
except by the word Of Claus Blixt.
The validity of this loan was the cita-
del Of the defense. 1t was evident that
had the police machine been properly
set in motion the mystery surrounding
Miss Ging's behavior would have been
solved, and in a manner consistent
with the noble character Of the girl.
At the same time it would have re-
lieved this innocent man from the
charge under which he now rests''
1. Mr.. Erwin then devoted himself to
the alibi and claimed that all of Har-
rvs time when he was involved by
BliXt's testimony had been SATISFACTORY
" accounted for. In closing he said
this is the most monstrous persecution
in the country's history.
eff you are in obedience to the pres
sure brought on you to tear down all
4. the rules Of law, if fanaticism and the
mOnStrOSity of this alliance between
the perj1rer and the murderer are to
influence you. then tell your artisans
to remove from all our domes the
statue of Justice. Tell them to put in
her place figure of the hag of hell.
Take down your flag, the flag of your
republic = the red. white ard blue.
Take it down-the old flag Of freedom,
and bid your officers rear in its place
that polished. black face of hellish
perjury. You, gentlemen of the Jury,
you are in the hands Of God. No pow
er can mar or overthrow your verdict.
Beware that you do not betray the con-
science Of this nation"
The Judges Charge.
It took Judge Seagrave Smith forty
minutes to read his charge to the Jury.
He declared that the verdict must be
guilty as charged or not guilty. If the
defendant was guilty, it was premedi-
tated, and the judge intimated that
there could be no verdict of guilty of
less than murder in the first degree.
He then explained the reasonable
doubt theory at great length. He con-
tinued:
ITO what extent the defense has
discredited Blixt's testimony is for
you, gentlemen, to say. They say his
testimony was conflicting, and you
have right to take into consideration
the condition Of Blixt's mind that
night. 1t is necessary for you to be
satisfied that Blixt killed Miss Cling.
Second, that Hayward melted. If,
when you retire, you are satisfied that
Blixt killed the girl. you may proceed;
If not, do not consider the verdict fur
cher. But if Harry did incite, as
charged, your verdict will be guilty.
''The state is not relying on circum-
stantial evidence, but has the positive
testimony of Blixt that he killed Miss
AIRY Hayward. a few days before the
murder, that Harry said he was going
to kill her. This testimony is also
supplemented by much circumstntial
evidence. You must decide how far
this evidence is worthy of credence
and how far it is corroborative. The
testimony of an accomplice must be ac-
cepted with extreme care. In Judging
of the credibility Of these witnesses
the jury was entitled to consider their
attitude on the stand. the reasonable
ness Of their statements and the con-
ditions under which they testified. If
1t was believed that any witness had
testified falsely 1t was at liberty to
discard his evidence except wherein
confederation from other reliable
source established its cret1ibilty."
If it was apparent that any witness
was possessed Of ill-feeling against the
accused, that also might be taken
Unto consideration. If the jury found
that any witness had given testimony
ON promise Of immunity from punish
ment. that also must be carefully
weighed. This case was to be tried
on the same principles precisely as any
cyaninal cnsA. no matter how slight its