The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1895-03-09

According to the statutes OF tho state
of Minnesota, only one fate eau await
Harry Hayward-a sentence to DO
hanged by the neck until he is dead.
Neither the jury nor the judge could
alter the sentence. no mntter how
strongly inclined ,hcv might be toward
leniency. For murder in the first de-
gree, the law provides only one penalty.
Judge and jury alike ara hut the agents
OF the state for the execution OF that
law.
At the request OF counsel for tho de-
fonse. the proEouncinc Of tho sentence
was deferred until next Monday nnorn-
ing, but the verdict OF the jury has
made the sentence of Harry Hayward as
certain as though the judge had already
announced it.
When court oponcd Attorney Erwin
closed his argument to tho jury, and
1t took Judge Smith forty minutes to
read his charge to the jury. The
charge was perfectly satisfactory to both
sides. and no exceptions were noted. 1t
was generally conceded to bo lair and
impartial.
The ruling passion of Harry Hay
ward was strong in tho presence OF
death. lie placed a bet OF $40 this
morning that the verdict would be an
acqui:tal, and that it would be reached
inside OF two hours by tho jury.
Judge Smith stayed in tho court room
for au hour, and then, as no word came
from tho Jury room, went home to din
ner. Tho court was adjourned until .
o'clock.
At $50 tho jury announced that
verdict had been reached, and tho
prisoner was brought into the court
room.
HIS REMARKABLE NERVE.
A cooler man than Harry Hayward
under such circumstances never lived.
His dress was immaculate as usual. and
he walked with the same cultivated
s..ldc that is one OF his characteristics
to the chair ho has occupied for 80
many weeks past. That he anticipated
what tho verdict was TO DO seemed ap-
parent in tho angry manner with which
no threw his hat on tho attorneys
tablo. Tho force was so great that II
roat was made in the crown OF the
derby. Schumacher turned to his client
and hcsought him to keep cool, what
ever tho verdict.
Don't show any tomper. Harry" he
said, "this is not tho time for that"
Tho injunction had the desired effect.
Hayward straiChtened ont tho sleeves
OF his vol fitting coat, sat down, crossed
his legs and fnced tho jury. llo was
breathing so heavy that every breath
was almost gasp, but tho passage from
tho Jail 10 tho court room was through
hostile and desperate crowd, and II
was hurrledly made. Ho so. there
amid tho solemn silence OF tho big
room, scanning tho inces OF his twelve
conntrymcn, ono by one, rs il to learn
in advance whether any ray OF hope
lurkod bohind their impassivcness.
Tho iurymcn looked stern and sad.
Tho story they had to tell could DO read
in their facca and Hayward knew his
fate before word waa spoken. No
spectators wcrc admitted. Tho only
pcraons prcson. whom tho verdict was
handed in wcro police officers, shor;T,
deputies and reporters, beside tho Judge
and clerks. Outside bowling, anxious
mob awaited tho news and awaited it
with Ghonlish impnticnce.
When Judge Smith arrived he issued
strict orders to admit no one, aud tho
injunction was rcligiously observed.
KoUlcr, tho deputy clerk, asked In Il
tromuloUs voice whotlicr tho Jury had
agreed upon u verdict, and Ncil Mcneil,
tho foreman, stood up. His iaco was
ghGstiy in Its color, and there was not n
MIN on tho jury unaffected by the In.
tcnso gravity Of tho situation.
I'VE have agreed" said Mcneil in n
voice that was scarcely audible, and tho
fcldol piocO OF paper that moant lifc
or death 10 tho accused was handed 20
tho clork. Judge Smith looked over
tho document first and returned 1t to
Dcupty Clcrk KobIor.
THE VERDICT.
"Wc. tho jury, find tho prisoner
guilty." he read.
Every eyo was turnod towards tho
condemned man. Thcro was nothing
In his face TO Indicate that ho had
heard 4 word OF It. 10 throw his head
back nnd tho word guilty" was pro.
nonncrd. but it wnn only To ndjuot His
collar band. IIo did not change color
by ainglo Hhado. Twco ho coughcd-.
thnt atraNgo hard metallic cough that
has boon heard 10 often in tho last few