The pioneer press. (Miller, Hand County, S.D.) 1893-190?, 1895-03-14

granted until next week, when a mo-
ton will be made for Il new trial. If
this is refused an appeal will be taken
10 the supreme court.
Had the verdict been n of acQuittal
Hayward would have been lynched
and nothing could have prevented it,
as the mob about the court room vas
large enough to overcome the entire
police department.
The Days Proceedings.
Court opened an hour earlier than
usual TO give Mr.. Erwin the time TO
close his argument for the defendant,
which had already lasted two days.
Erwin began by pointing out that the
loan Harry Hayward made Miss Cling
had not been attacked in the evidence
except 10y the word Of Claus BliXt.
The validity of this loan was the eta
del OF the defense. 1t was evident that
had the police machine been properly
set in motion the mystery surrounding
Miss Ging's behavior would have been
solved, and in q manne consistent
with the noble character of the girl.
At the same time il would have re-
liaved this innocent man from the
charge under which he now rests"
Mr.. Erwin then devoted himself TO
the alibi and claimed that all of Har-
rvs time when he was involved by
BliNts testimony had been SATISFACTORY
ly accounted for. In closing he said
this is the most monStrouS persecution
in the country's history.
IF you are in obedience 70 the pres
sure brought on you to tear down all
the rules Of law. if fanaticism and the
m~OnstroSity Of this alliance between
the perirrer and the murderer are to
influence You. then tell your artisans
10 remove from all our domes the
statue Of Justice. Tell them to put in
her place 4 figure of the bag OF hell.
Take down your flag. the flag Of your
republic the red, white ard blue.
Take it dOwn-the old flag Of freedom.
n bid your officers rear in it's place
that polished. black face Of hellish
perjury. You. gentlemen Of the Jury.
you are in the hands Of God. No pow
er Fan mar or overthrow your verdict.
Beware that YOU do not betray the con
science Of this nation"
The Judges Charge.
It took Judge Seagrave Smith forty
minutes to 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, and the judge minated that
there could be no verdict of guilty Of
less than murder in the first degree.
He then explained the reasonable
doubt theory at great length. He CON
tinued:
ITO what extent the defense has
discredited BliXt's testimony is for
you, 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. Ii is necessary for you To be
satisfied that Rlixt killed Miss Cling.
Second, that Hayward melted. If.
when you retire, you are satisfied that
Blixt killed the girl. you may proceed;
If not, do not consider the verdict fur
ther. But If Harry did incite, as
charged, Your 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
AIRY Hayward, a few days before the
murder, that Harry said he was going
TO kill her. This testimony is also
supplemented by much circumstantial
evidence. You must decide how far
this evidence is worthy Of credence
aud how far 1t is corroborative. The
testimony Of an accomplice must be ac-
copied with extreme care. In Judging
of the credlbility Of these witnesses
the jury was entitled to consider their
attitude on the stand, the reasonable
ness Of their statements and the con