Warren sheaf. [volume] (Warren, Marshall County, Minn.) 1880-current, 1895-11-28
HAYWARD MUST HANG.
The Supreme Court Refuses to-
-- " Grant Him a New Trial e
When Informed of the Decision Hayward
Said 1t Was What He Expected-He
Must Now Pay Full Penalty --~r---
for His Crime.

Must Now Pay Full Penalty --~--
for His Crime.
+ -. H,>.><, .-------}Tt NV i, I
So Minneapolis 2o:-Th1s morning
the long looked for decision in the Hay
ward murder case was fled with the
! clerk of the supreme court, the lengthy
| document bearing the signature of
Judge Thomas CAVITY.
! The action of the lower court is af-
! 6rmed in every particular, and there is
no appeal from this decision. There are
ten days in which to ask for q rehear-
ing, which will most certainly be de.
MED, and it is practically assured that
upon Dec. 6, CIR at the latest, Friday,
Dec. 10, Hayward wilIhang. : q l. !
Upon the insanity point, apo "a which
the attorneys for Hayward hung their
faith, the court decided as follows:
After witness for the state had testified at
considerable length and was to all appearances
! perfectly sane and rational, the defense object
! ed to his competency on the ground that he was
| insane, but made no offer to prove that he was.
| Held. under allthe circumstances, it was not
error for the judge to assert that he did not see
| that the witness was at that time any more in-
| sane than the attorney was.
| When insanity of permanent type is once
! shown it is presumed to continue until it ap-
| pears that the person has again become sane.
| But this presumption only applies to habitual
| insanity which has continued so long as to raise
a presumption that it is permanent. Tempo
rary insanity or temporary delpsiOn or aberra-
! ton are not presumed to continue, and evidence
of the same standing alone is not evidence that
| the person is insane at later period
| Evidence of insanity of persons ancestors
and relatives is not alone competent or suffi-
Gent to prove that he is insane, and such evil
dence can only be used to corroborate further
evidence OF his insanity.
Whether when insanity is direct issue In the
case evidence of prior temporary delusion or
mental alteration, and evidence Of insanity OF
ancestors and relatives, is, together sufficient
without more to go to the jury as evidence Of
| the person s insanity at later period. Query.
| But held such evidence without more is not
sufficient to go to the jury when insanity is
| merely a collateral issue as where an attempt
| is made to impeach the competency or credi-
bility Of a witness by proving that he is insane.
Distinction between insanity as direct issue
and as a collateral issue noted. fsEE -
| When an attempt is thus made to impeach
tbs credlbllity OF witness the court may in it's
discretion refuse to receive evidence of the in
sanity OF his ancestors and evidence OF his prior
| temporary deluSiOn and alteration until some
| other evidence is first given of his insanity at
| time Of the transaction testified to at the time
| Of the trial Order affirmed.
Attorney Frank Nye felt vincicated
as he stood at the telephone and lis
tened to the words which came. t6 him
over the phone, to the effect that the
Hayward decision had been affirmed.
The message came through the sheriff S
office, which had been informed through
a Of "a nft IN -
Paul. AS soon as he had been told,
Nye Immediately called up the attor-
ney generals Office and the report rids
verified. He Immediately went to the
sheritfs office, where he found Phil
MeGaarden. The sheriff left for Omaha
last night, and as soon as Phil had
dropped him message regarding the
decision, he put on his coat and hat and
| started with Deputy Sheriff Agate An
derson for the Jail, to take the news to
Hayward, who as yet had not been in
| formed of the result.
When the jail was reached, Jailor
West and Turnkey Sandberg were
taken to one side and held hurried
consultation in the old Barrett room.
well have to change his quarters. "
said Megaarden. "Anderson, as soon
as he is taken out of his cell l want
you to 90 in and make an examination.
| Take ali the time you want and make
it thorough. Don't miss a place and
probe everything"
AL right, '':said he to Phil fter their
talk, ''let me go now" And with that
he disappeared inside the Jail. =
Proceeding Immediately to Harry's
cell, the jailer said: "Nell, Harry, it's
gone against you. The supreme court
has refused you a new trial"
Harry turned several shades paler as
he rose to receive his death message.
WELL" said he slowly, I've been exa
pecting it."
That was all his comment. There
are some men down stairs who want to
see you,'' said Vest. and with that
Harry started down the steps. from the
bath room. There he found Deputy
Anderson waiting him withsclean and
new underwear, a clean blue and white
striped shirt, very different from the
immaculate shirts he was wont to
wear. His old clothes were quickly
taken off, Harry asking those IN the
bath room to vacate while he made the
change. The water for his. bath was
not hot, and while it was heating DR..
Weston, city physician, waitedto make
the final examination after his bath
should be taken. In themeantime ex-
Turnkey Wheeler went through the
new cell in the same tier on the second
floor that he is to occupy till the execu-
ton.
The governor has left the date Of the
execution in the hands of Frank Nye,
and Dec. 6 is announced as the time. -,
In searching Hayward's cell, Deputy
Agate Anderson and his assistants
found the missing $500 bill, which
Harry had accused Mike Kierce of ap-
propriating for his own uses, and in
addition 5000 which was not accounted
for. This makes in all $3.50 which the
officers have found on Harry person
or in his cell.
The $500 was found in one of the
Stats of the bed where Harry has been
sleeping. In the heel of one of his
shoes on the inside small square had
been cut out, and in the cavity the
missing $500 was found. So
Brief minnesota Items '.' ~
The Northwestern road has fled an
injunction to prevent the St. Louis from
placing its yards and wareheuses oppo-
site the new depot at New Ulm.
The K of L Hall at Chaska was
burned. Fully Insured.
Work at the gold mine near Redwood
Falls has stopped and the mill is closed.
The general impression, is that work at
the mine has: been abantlo red Aperma.
nently. There is no doubt but that