The Wilmington daily Republican., 1895-03-09

t'"uDcr hoW strongly Inclined tney might
be toward leniency. For murder in the
first degree the law provides only one pen
atty Judge and jury alike are but the
agents of the state for the execution of the
law.
AT the request Of counsel for the defense
the pronouncing of the sentence was de-
ferred until next Monday but the verdict
OF the jury has made the sentence of Harry
Hayward as certain as though the Judge
had already announced it.
A cooler man than Harry Hayward un-
der such circumstances mover lived. His
dress was immaculate rs usual and he
walked with the same cultivated stride
that is one of his characteristics to the
chair he has occupied for so many weeks
past. That he anticipated what tho ver-
dict was to be seemed apparent in the an
CRY manner with which he threw his hat
on the attorneys table. The force was SO
great that u rent was made in the crown
of the derby.
Mr.. Shumaker turned to his client and
besought him to keep cool, whatever the
verdict. Don't show any temper, Harry"
he said "This is not the time to do that"
The injunction had the desired effect.
Hayward Strengthened out the sleeves Of
his well fitting coat, sat down, crossed his
legs and faced the jury.
The jurymen looked stern and sad The
story they had to tell could be read in their
faces, and Hayward knew his fate before
word was spoken. No spectators were ad-
mitted. The only persons present when
tho verdict was handed in were police of
ficers, sheriff, deputies and the reporters,
besides the judge and clerks. Outside q
bowling, anxious mob awaited the news
and awaited 1t with ghoulish impatience
When Judge Smith arrived he issued
strict orders to admit no one, and the In
junction was religiously observed
Kobler, the deputy clerk, asked in a
tremulous voice whether the jury had
agreed upon verdict, and Nell Mcneil
the foreman, stood up. His face was
CHASTITY in its color, and there was not q
man on the jury unaffected by the gravity
of the situation.
I'VE have agreed" said Mcneil in a
voice that was scarcely audible, and the
folded piece of paper was handed to the
clerk. Judge Smith looked over the docu-
ment and returned it to Deputy Clerk
Kobler. 1--WE, the jury, find the prisoner
guilty as charged" he read.
Every eye was turned toward the con-
demned man. There was nothing in his
face to indicate that he had heard q word
of it. He threw his head back as the word
guilty" was pronounced, but 1t was only
to adjust his collar band. He did not
change color by single shade. During
the polling of the jury, he listened with
evident interest to the answers, though
what they might be could signify nothing
to him. The expression in his face was one
of Indignation rather than any other senti.
ment.
Al 2:45 Hayward was taken down stairs
and then back to jail under II strong police
guard. An immense crowd awaited the
prisoners coming He grinned at the
mob rs it pushed forward over the pave
nIent toward him, and 1t is doubtful
whether Harry Hayward would have re.
grctted an opportunity to mix matters
with some of the noisiest. He was taken
across the street on dog trot with the
yelling multitude at his heels
"Good-by, Harry, old boy" cried one
man at the top of his voice. You're
dead duck
Not yet said Hayward, loud enough
to DO heard in radius of twenty feet.
"Not quite dead duck yet"
In the court room, after the jurors wcro
discharged, it was learned that ON the first
vote taken a unanimous verdict of guilty
was reached. There was not the shadow
OF dispute as to what the verdict should be,
At the request of the attorneys for tho
defense tho prisoners relatives were alb
sent when the verdict was read. Mr. and
Mrs. W. w Hayward, the prisoners pa
rents, were both Frustrated at the end of
the mornings scenes. Adry Hayward has
not been in court for the last week
To illustrate the consummate nerve and
nonchalance of the accused, after he had
been taken over to the jail, following the
retirement of the jury, be turned to Sirois,
one of the officers, with the remark:
Lets play game of cards on the result"
to which the reply was made by one of the
deputies: I'm come in there and play,
Harry, if you'll promise not to hypnotize
me"
1t is understood that the indisposition of
Mr.. Erwin is really serious. After the
close of his address yesterday he collapsed,
and for two hours was almost unable to
see. Recovering to some extent, he at onos
eft for st. Paul.