The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-03-09
Decision of the jury in the
Cling Murder Trial.
THE PEOPLE MUCH PLEASED.
Not For Moment Does the Murder.
er's Nerve Fail Him.
After Erwin's Absurd pcrorasion 10 the
Jury and the Judges Impartial
Charge, the Verdict Is Agreed 10 ON
the First Ballot Hayward Had Bet
SO Oh Acquittal.

MINNEAPOLIS. March S-ceurs opened an
hour earlier rkan usual today 10 give
Mr. Erwin tirue 20 close his arganant
Ter the defense ia the Hayward case,
which had already lasted two DAYS. En-
win began by pointing out that the loan
barry Hayward had made to Miss Glns
had not been attacked in the evidence
except by tha word Of ClaHs x5itxt The
validity OF this loan was the citadel of
the defense. II was evident that had the
police machine been properly set IN mo-
uon the mystery surrounding Miss G!ngss
behavior would have been solved. and in
manner consistent with the noble char
acfer of the girl. All the same, Ii would
have relieved the innocent man from
the charge under which he now rests
Ar. Erwin devoted himself to the ssiini,
and claimed that all OF Harry's tifae in-
yolyed In Blixt's testimony had been sat-
isfaetorily accounted for.
In closing he said:
This is the most monsfrGus persecu-
ton In history. Ii you are. in obedience
TO the pressure brought on you. TO tear
down ali the rules of law; IL fanaticisnl
and the monstrosity of this alliance be-
tSeen the periurer and the murderer are
TO influence you, chen 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 and blue Take sit down-the
old flag of freedom. and bid your officers
rear In It's place that polished, black face
OF heliish perjury. You. gentlemen Of
the jury. you are in the hands OF God.
no power can mar or overthrow your YER
dict. Beware that you do not tetray the
conscience OF the nation.'
II took Judge Seagraye Smith forty
minutes TO read his charge TO the jury.
He declared that the verdict must be
guilty as charged. or not guilty. II the
defendant was guilty. II was premadi-
tatsd. The judge in,imated that there
could be no verdict OF guilty less than
murder in the first degree He then ex-
planned the reasonable doubt theory at
great length. He continued: ITO what
extent the defense has discredited Blixt's
testimony Is for you gentlemen TO say.
They say his testimony was conflicting.
ana you have a right 10 take into consid-
Grafton the condition of Blixt's mind that
night 1t Is necessary for you TO be sat
isfied that Blixt killed Miss Cling. second.
that Hayward melted Ii, when you re-
tire, you are satisfied that Blixt killed
the girl, you may proceed: If not. do Eot
consider the verdict further. But II Har-.
ry did incite, as charged, your verdict
will be guilty. The state is not relying
on circumstantiai evidence. but has the
Miss Cling. and the positive. statement
of Adry Hayward a few days before the
murder that Harry said he was going
TO kpl her. This testimony Is also sup
ported. as Il must be, by mitch ctrcum-
stantial evidence. Yotr must decide how
far this evidence is worthy of credence
and how far IL Is corroborative. The tes-
timony of an aecomplice must be accept
ed with extreme care. In judging of the
credibfiity of these witnesses, the jury
is entitled to consider their attitudes on
the stand, the reasonabieness OF their
statements, and the conditions under
which they testified. If IL was believed
that any witness had testified falsely. IL
was at their liberty to discard bis evil
dence. except wherein ccrroboration OF
other reliable sources established Its cred
ibiIity II IL was apparent that any wit
ness was possessed OF fll-feeiing against
the accused that also might be taken In
consideration. II the jury found that any
witness had given the testimony on
promise of Immunity from punishment
that also must be carefully weighed. This
case was TO be tried on the same prin-
ciples precisely as any criminal case.
no mater how slight it's Importance. The
fury had nothing 10 do with the punish
ment to be inflicted. No attention was
10 be paid 10 the utterances OF attorneys
on either side. except as based on the tes-
",
In the jury's hands II was the duty or
the Jury to decide. after weighing IL care
fully. whether IL was sufficient To sus-
tain the charge against the defendant.
The charge was perfectly satisfactory
70 both sides, and no exceptions were
noted The ruling passion In Harry HAY
ward was strong In the presence OF death
He placed a bet Of SO this morning that
verdict OF acauittal would be reached In
side OF two hours The court adjourned
until O'Clock
when court reassembled the Jury was
ready 10 reporf and was admitted TO the
room. Kobler, the county clerk. asked m
a tremuiolis voice whether the Jury had
agreed upon a verdict, and Nell Mcneil,
tha foreman stood up. His face was
shas.Iy In its color and there was not
m.r, on the jury unaffected by the In
.onsa gravity of the situation. I'VE have
agreed !" said Mcneil. in voice that was
scarcely audible and a folded pfsce OF pa
Ger that meant life or death TO the ac~
cused was handed to the clerk Judge
Smith looked over the document first and
returned IL TO Deputy Clerk KobIer. I'VE.
the Jury. find the prisoner guilty, he
read Every eye was turned toward the
condemned man. There was nothing IN
his face to Indicate that he had heard
word OF IT. He threw his head back as
The word guilty was pronounced. bat
10 vas only 10 ADJUST ftN tHstaf AAAsA+ IiV
did not change color by single shade.
Twice he ccaCised-fhat strange, Hard.
metallic cough that has been heard so
often In the last few weeks. Then, look
ing arouns az the crowd, he raised bis
eyebrows inauiringiy though 10 ask
. what next2'' During the polling OF the
fury he listened with evident Interest 10
the answers. though what they nitEhf re
could signify nothing 10 him. The ex-
ysreSsior on his face was ore OF inaignn-
ton rather than any other sentiment
Judge Smith then voiced his thanks 20
the sury for their isbofs IN connection
with the case when the court announced
that sentence would be deferred until
Monday morning Hayward was evidently
pleased. re expressed the opinion while
being removed from the court room thar
the verdict was an Outrage and that he
vax a long way from the hangnlan yet
Albert Hall. the assistant county attor-
rev. received tse verdict in manner that
sata - plainly as words; Il knew "
When he arose 10 move an ifnHsetaiase
sentence. Hayward half laughed ard then
raavsrrsg at the states lawyer IL an en-