Birmingham age-herald., 1895-03-09
GUILTY AS CHARGED. Harry Hayward Held for the Mur-
 der of Miss Cling. THE VERDICT UNANIMOUS Minneapolis Great Murder Trial, After a Hard Legal
 Fight, Is Ended.
THE VERDICT UNANIMOUS

MINNEAPOLIS, March S.-Attorney Er. 1 win concluded his address in the Hayward case this morning.
 | Scarcely moment had elapsed after the
 close of MT. Erwin's address when Judge
 Smith, by a slight rustic of the manuscript
 before him, announced that he was about l to open his charge.
 | Through long lines of legal phraseology
 he read the definition of what constitutes a l charge oi murder in the first degree until | he had reached the summary of his opin- | ions concerning the evidence. The effort of the defense to establish the theory that
 she was killed by blows rather than by 6 l pistol shot the court took to be simply an effort to dscredit the testimony of Blixt, l and as to the value of that effort it was for the jury to decide.
 The first thing which they would be called upon to consider when they entered | their room, the court stated, was the evil depce that Blxt was the man who directly committed the murder of Miss Cling. If | they could not agree upon this primary | Ioint, said the court, they need not con- slider the case further, but return verdict l of not guilty. But if they agreed upon | this point that Blixt did commit the murder | then they were to pass on 10 the second | question, did Harry Hayward instigate, | | crime? If they found that he did then | they were to bring in verdict of guilty as l charged.
 | His honor gave the usual explanation of | what constituted a reasonable doubt, and set forth clearly and i'm partially the various alternatives to which the belief of discredit- l ing of the testimony would entitle them, l and then he came to the question of mo- l tive, and the monotony of the charge was | broken.
 "H lyou find from the evidence that the prisoner had sufficient motive that would induce him to commit the crime, you are to take that into serious consideration in connection with the; other testimony. It will be one of the important factors iu the decision of your verdict.' essIt was presumed,' the court said, "tliat the loaus were valid and 1t was in- cum bent upon the state to prove that they were not so. Ia doing this, however, it was not necessary that the jury accept only direct testimony; 1t could take into consid-
 eration circumstantiai evidence and legal proofs.
 Reviewing the salient arguments of both the prosecution and the defense still fur ther, Judge Smith said that in drawing conclusion from this evidence they could take into considerati0n their own -ex- perience and observations and conduct of the witnesses upon the stand. The evil dence of an accompiice should be carefully taken and it's reliability and probability closely examined, as well as any hopes or promises of remuneration out of the other witnesses.
 tWhen the verbal testimony of the de-
 fen dant IS in evidence the whole must be
 taken together by you and carefully con
 sidered. This case, although charge oi murder in the first degree, is to be received and treated by you the same as any other case, however slight the law fixes the pun ishment.
 "You are not to take into consideration the opinions, statements or theories of any of the attorneys in this case unless founded upon evidence.
 ''You will now take the case and render verdict in accordance with the law and evdence.''
 The jury then retired at 10:50 a. m.
 The jury after returning from dinner took one ballot and found Hayward guilty of murder in the first degree. At 2:10 o'clock it reported an agreement and at 2:30 the verdict was rendered.
 When Hayward appeared he was fault
 lessiy dressed as usual, and apparently as
 cool as ever, but he was somewhat out of attorneys' table with force enough to split if. His attorneys cautioned him not 10 ex-
 hibit any temper aud he submitted.
 When the verdict was presented every eye was turned to Hayward, and when the
 clerk had read the paper there was nothing in Hayward's face to indicate that he had heard a word of 1t. He threw his head back as the word "guiIty'' was pro- F nou need, but it was only to adjust bis col lar band. He did not change color in the slightest. Then, looking around at the crowd, he raised bis eyebrows iLquiringly.
 During the polling of the jury he listened to the answers, but the expression in his face was one of indignation rather than any other sentiment. In obedience to the instructions of Attorney Nye, who was absent on account of sickness, A. H. Hall, assistant attorney, moved for an immediate sen tence, but the court decided not to pro- nounce sentence until Monday. Hay ward was then taken back to jail under strong guard of officers. He grinned at the mob and appeared to be in- terested in its noisy demonstrat ons. dead duck" yelled one of the crowd as Hayward was being escorted back to the iaii.
 .sNot yet, answered Hayward in firm voice.
 The jury was averse to talking at all about anything, but 1t was ultimately learned from one of the members that a vote was not taken until about half hour after dinner, and that only one was neces- sary.
 son's conviction from ap extra paper pur- chased from newsboy. Dr. T. T. Hay. ward, brother of Harry, spoke as follows about the verdict:
 'sl have told my father all along that nothing but verdict Of guilty could be ex- pected from the line of defense which had been pursued. But the old man don't be- iieye now that Harry ever did the thing. fought against the adoption of this line of defense all along. Harry's condition of mind was not right on moral questions.
 'sCall It insanity if you will. His mind