The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-03-09
Received the Verdict with the Sneer-
His Conduct Through the Trial.
TO BE SENTENCED MONDAY
ONLY ONE PENALTY IN MINNESOTA
FOR MURDER IN FIRST DEGREE.
Death by Hanging to BE Harry's Fate
Decision of the Jury Reached
on the First Ballot.

crime Cling, to-day, and in less than three
hours the jury of his peers gave the lie to
his words and placed it's seal upon the
word Guilty"
Money, almost unlimited, given by dot
ing father; counsel, able as the country
could furnish him; judge fair as the fair
est-all had been given him. and yet that
''bulwark of human liberty" as his own
counsel called 1.-THE American iury-had
'let loose the common hangman." All of
the trial is over for the public; all of life
is possibly over for Harry T. Hayward.
With the same immovable stoldity 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 mus
Gle; no visible collapse or sign of any emo
tion; ever the same cynical and sneering
Indifference.
According to the statutes of the State of
Minnesota only one fate can await Harry
Hayward--a sentence to be hanged by the
neck until he is dead. Neither the jury nor
the judge could alter the sentence, no mat
ter how strongly inclined they might be
toward leniency. For murder in the first
degree the law provides only one penalty
Judge and jury alike are but the agents of
the State for the execution of that law At
the request of counsel for the defense the
pronouncing of the sentence was deferred
until next Monday morning, but the verdict
of the jury has made the sentence of Harry
Hayward certain as though the Judge
had already announced it.
ERWIN'S CLOSING ARGUMENT
Court opened an hour earlier than usual
to-day to give Mr.. Erwin time to close his
argument for the defense, which had al
ready lasted two days. He began by point
ing out that the loan Harry had made to
Miss Cling had not been attacked in the evil
dence except by the word of Claus Blixt
The validity of this loan was the citadel of
the defense. 1t was evident that had the
police machine been properly set in motion
the mystery. surrounding Miss Gings be-
hayior would have been solved, and in a
manner consistent with the noble character
/ OF the girl. AT the same time it would have
charge under which he now rests" Mr..
Erwin then. devoted himself to the alibi,
and asserted that all of Harry's time when
he was involved by Blxt's testimony had
been satisfactorily accounted for In clos
ing he said: This is the most monstrous
persecution in the history of the country.
If you are, in obedience TO the pressure
brought on you to tear down all the rules
of law; If fanaticism and the monstrosity of
this alliance between the perjurer and the
murderer are to influence you, then tell
your artisans to remove from all our domes
her place figure of the hag of hell. Take
down your fiag-the flag of your Republic,
| the red, White and Dlue-tdke 1t dOWu-the
old flag of freedom-and bid your officers
rear in it's place that polished, black face of
hellish perjury"
1t took Judge Smith forty minutes to read
his charge to the jury. He declared that
the verdict must be guilty, as charged or
guy m 'udgs bs asd p the the a
titled to consider their attitude on the
| stand, the reasonableness of their state
testified. If the jury believed that any
witness had testified falsely. it was at lib
erty to discard his evidence, except where
| in confederation from other reliable wit
nesses established its credbility. If 1t was
! apparent that any witness was possessed of
| ill-feeling against the accused that also
might be taken into consideration. If the
jury found that any witness had given
| testimony promise of immunity from
punishment, that, also, must be carefully
The charge was perfectly satisfactory to
| both sides, and no exceptions were noted
| 1t was conceded to be fair and impartial
| The ruling passion in Harry Hayward was
strong in the presence of DEATH He placed
| a bet of $40 this morning that the verdict
would be an acquittal. and that it would be
reached inside of two hours by the jury.
| Judge Smith remained in the court and
| then as no word came from the jury, court
| was adjourned until o'clock. There had
| been rlin1ors of possible attempt to mob
| the prisoner, and Judge Smith issued orders
| that no one should leave or enter. the room
| This was without special incident, although
| there was a good deal of shouting on the
street.
Before o'clock, the hour set by the Judge
| for reconvening court. it was known the
Jury had agreed on a verdict. The prisoner
| was ordered to be brought into the court
room. A cooler man than Harry Hayward
| under such circumstances never lived. His
! dress was immaculate, as usual, and he
/ walked with the same cultivated stride that
| is one of his characteristics to the chair he
had occupied for many weeks past. That
he anticipated what the verdict was to be
| seemed apparent in the angry manner with
! which he threw his hat on the attorney $
| table. The force was so great that rent
| was made in the crown OF the derby. Shu-
| maker turned to his client and besought him
| TO keep cool. whatever the verdict. Don
Is hn1M NOT @i the time for that The injunction
| had the desired effect. Hayward straight
ened out the sleeves of his OF his well-1tting
| coat. sat down, crossed his legs. and faced
| the Jury He was breathing 50 heavily that
! every breath was almost gasp, but this
| the passage from the Jail to the court room
| was through a hostile and desperate crowd,
amid the solemn silence of the big room,
| scanning the faces of his twelve countrymen
! one by one as il to learn in advance wheth-
! er any ray of hope urked behind their i'm
! passiveness. The jurymen looked stern and
sad. The, story they had q, to tell could be
! fate before a word was spoken No specta-
tors were admitted. The only persons in the
\ room when the verdict was handed in were
| nolice officers, sheriff and deputies and the
! reporters besides the judge and clerks Out
side a howling, anxious mob waited the
| news. and awaited it with ghoulish impa-
tience
/ orders to admit no one and the injunction
/ was religiously observed. kobler. the clerk,
| asl<ed in a tremulous voice whether the jury
| had agreed verdict, and Neil McNeill,
| the foreman stood up. His face was ghast- :
| IL in its color. I'VE have agreed, said
| McNell in a voice that was scarcely audi
/ hle and the folded piece of paper that
| meant life or death TO the accused was
| handed TO the clerk. Judge Smith looked
! over the document first and returned IL TO
/ Deputy Clerk kobler
I'VE. the jury. find the prisoner guilty.
! he read.
HOW He RECEIVED THE VERDICT.
| Every eye was turned toward the con-
demned man. There nothing in his
| face to indicate that he had heard a word
| of It. He threw his head back as the
/ word guilty was pronounced. but it was
only to- adjust his collar band. He did not
| change color by a single shade. Twice he
| eoughed-that strange hard metallic cough
that has been heard 50 oftQn In the last