The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-03-14
HAYWARD IS FOUND GUILTY,
THUS ENDS A MURDER TRIAL
OF SEVEN WEEKS
DURATION.
THE DEFENDANTS PASSION FOR
GAMBLING.
lie Wagered $40 That the Verdict
Would Be 'Acquittal-A Dramatic
Scene Accompanied the Reading
Of the Verdict.

Minneapolis, Mimi, March S.-"Guilt,
as charged"
Ihat is the verdict received in tn,
case of Harry Hayward. charged wifi
the murder of Miss Cling today, and the
enu OF one of the most sensational mur
ger trials ever held in this country, last.
ihg over seven weeks. 1t has been a
Iuay OF intense excitement in the vicinity
OF the court house. There was great
rear that II verdict eXonorating Hay
him. y III
Early in the morning of what was ex-
pecIed TO be the concluding day of the
!rlai great throng began to assemble
IN and around the building and at The
nour Tor converting the court and the cor
rldors OF the court house and all the
nelghboring streets were crowded.
Judge Smith ordered every one excluded
from the room except persons connected
| with the court and press representa-
| tiyes.
Council Erwin concluded his argument
in two hours. Judge Smith charged the
jury briefly. The jury was given the
case and court took a recess for dinner.
Harry Hayward, his life trembling in
the scales, was the coolest individual in
the room.
When the court reconvened after din
ner the jury was ready to report. The
public, as before, was excluded from the
room. The judge gave orders that no
one should leave or enter the room and
no communication with the outside was to
be had. The verdict was read and the
| jury polled. Immediately Hayward was
taken out and through the throng back
| to his cell at the jail Not until he was
safely behind the bars was the verdict of
| the jury made known outside of the
room.
| Sentence will not be passed until Mon
day.
Court opened an hour earlier than
customary to give Mr.. Erwin time to
close his argument, which had already
lasted two days.
Erwin began by pointing out that the
loan Harry Hayward had made to Miss
Cling had not been attacked in the evil
dence except by Blixt. The validity of
this loan was evident. Had the police
machine been properly set in motion the
mystery surrounding Miss Ging's be-
havior would have been inconsistent with
the noble character of the girl. Mr.. En-
win then devoted himself to the abb and
claimed that all of Harry's time when he
was involved by Blixt's testimony had
been accounted for.
In closing he said: "This is the most
monstrous prosecution in history. If
you are in obedience to the pressure
| brought to bear upon you to tear down
| the truth and law, then tell your arti-
sans to remove from our dome the stat
ues of justice, tell them to put in her
place q figure of the bag of hell. Tear
down the flag of your republic-the red
while and blue. Take it down-the old
flag of freedom, and bid your officers
rear in its place that polished black face
of hellish perjury"
1t took Judge Smith 40 minutes to read
his charge to the jury. He declared that
the verdict must be guilty as charged or
not guilty.
AS to the credibilty of the witnesses
the jury was entitled to consider their at
ttude on the stand, the reasonableness
of their statements, and the circum-
stances under which they were justified
| If the jury believed and witness had testi-
| fled falsely it was at liberty to discard
his evidence. except where in corrobOra-
\ tion from other witnesses established its
credibility.
"If it was apparent that any witness
was possessed of i'll feeling toward the
accused that also might be taken into
consideration. If the jury found that a
witness had given testimony of promise
of immunity from punishment. that also
might be carefully weighed. The charge
was perfectly satisfactory to both sides
and no exceptions were noted.
| The ruling passion in Harry Hayward
was strong in the presence of death. He
placed q bet of $40 this morning that the
verdict would be acquittal and that it
would be reached inside of two hours.
Judge Smith stayed in the courtroom
for an hour and then went home to din
ner The court adjourned until 2 o'clock.
| The verdict was awaited with anxious
inquiries by the whole city. There was a
| firm belief among the police that in case
of a "not guilty" verdict there would be
rioting and possibly an attempt made to
wreak summary vengeance.
The reconvening of court and the re.
turn of Hayward was awaited with i'm
patience by the crowd. There was no
way in which Hayward could be taken
from the courtroom except through the
crowd and many threats of violence were
made. Here comes Hayward" shouted
the pushing, yelling mob around the court
room doors. A cooler man than Harry
Hayward under such circumstances never
lived. His dress was immaculate, as
usual, and he walked with the same stride
that is one of his peculiarities, to his
chair. That he anticipated what the YER
dict was to be seemed apparent in the
angry manner in which he threw his hat
on his attorneys table with a force so
great that a rent was made in the crown
of the derby. Shoemaker turned to his