Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1895-03-09

Minneapolis, Mimi, March SIN
two hours 1 will be a free man. thus
said Harry Hayward to-day, and in
less than three hours jury OF his
peers gave the lie to his words and
placed its seal upon the word guilty"
Free-yes. free to be alone with his
thoughts, free to wait day after day
in his cell in the county Jail until the
blow of the first hammer that falls
upOn the wood of his scaffOld falls up
on his very brain. Free-aye, Iree 10
die: free to eXpiate his tiendish crime,
dangling from the hemp and timber oil
his adopted State.
Money. almost unlimited, given by
doting father; counsel, able as the
country could furnish him; ajudge falr
as the fairest-all had been given nm,
and vet that "bulwaTk of human lD-
erty." as his own counsel called 1t, the
American jury. had "let loose the COM
mon hangman." All of the trial IS over
for the public; all of life is possibly
over for Harry T. Hayward.
With the same immovable stolidity
with which he has watched the trial
of his case. the prisoner received the
verdict of the jury. There was not the
shade of a change in color; not the
relaxation of a single muscle; no Vls-
ible collapse or sign of any emotion;
ever the same cynical and SneerlhS
indifference.
According to the statutes OF the
State of Minnesota, only one tate can
await Harry Hayward-a sentence 10
be hanged by the neck until be is dead.
Neither the jury nor the judge coulu
alter the sentence, no matter now
strongly inclined they might be To-
ward Ieniency. For murder Ill the
first degree the law provides only one
penalty. Judge and jury alike are OuI
the agents of the State Tor the eAecu-
tion of the law.
At the request of counse! lot lhe ue-
Tense. the pronouncing OF the sen
tence was deferred until next MONDAY
morning. but the verdict of the Jury
has made the sentence of Harry Hay
ward as certain as though the Judge
had already announced 1t.
Court opened an hour earlier thah
usual to give Mr.. Erwin time to close
his argument for the defense, when
had already lasted two days.
Erwin began by pointing out that
the loan Harry Haywood had MADE TO
Miss Cling had not been attacked an
the evidence, except by the word Oh
claus Blixt. The validity of this loan
was the citadel of the defense III
was evident that had the police ma
chinery been properly put IN motion
tho mystery surrounding Miss Glng
behavior would have been solved In
manner consistent with the noble
character of the girl At the same
time it would have relieved TINS lnno-
cent man from the charge under when
he now rests. ,~,,e
Mr. Erwin then devoted himself to
the alibi and claimed that all OF Har-
rvs time when he was involved by
RIixt's testimony, had been satlsfacto-
rily accounted for.
In closing. he said this had been the
most monstrous persecution in the MS
tory. A.,
"If YOU are. in obedience to the
nressure brought on you, to bear down
all the rules of law, if fanaticism and
tho monstrosity of this alliance be
tween the Duriurer and the murderer
are tn influence you, then tell our arti-
sans TO remove from all our domes the
statue of Justice Tell them to put in
her D1ace a figure of the hag OF he'll.
Take down your flag, the flag OF our
Renublic. the red, white and blue.
L, of1 n Freedom
and bid your officers rear In lts place
that polished, black face OF helllsh per-
jury.
are in the hands of God. NO power
can mar or overthrow your verdict
Beware that YOU do not betray the con-
science of this nation.
II took Judge Smith forty minutes
10 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. the Judge intimated that there
could be no verdict of guilty less than
murder in the first degree. He then
explained the reasonable doubt theory
al great length. He continued:
To what extent the defense has
discredited Blixts testimony is for
Won. gentlemen, to say. They say his
testimony was conflicting, and you
have a 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 pro-
coed. if not. do not consider the verdict
further.
But if Harry did incite as charged.
vou. verdict will be guilty.
The State is not relying on circum-
stantial evidence, but has the positive
testimony of Blixt that he killed Miss
cling and the positive statement of
Adry HAYWARD. few days before the
murder. that Harry said he was going
70 kill her. This testimony is also
srprorted. as il must be. by much cir
cumstantial evidence. You mnst de-
eide how far this evidence is worthy of
credence and how far it is corrobora-
tive. The testimony of an accomplice
must be accepted with extreme care.