The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1895-11-29
HARRY MUST HANG.

| HARRY MUST HANG.
NEW TnIAL anyusnp ron u,ss J,
0N@s MURDEAlcR.
Tao Supreme Court A0rns the n.
lsMS OF the Trial Juaee-liev.
Css sgh Mas Thirty Days e M
the Date ef the ExeeutiOA.
et. Paul, Nov. 22. = The supreme
court has sealed the fate of Harry
Hayward by affirming the decision Of
the trial court in Hennepin county,
and 1t now only remains for the gov.
ernor to fix the date Of execution. The
court was unanimous In sustaining the
conviction Of Hayward, but Chief Jus
tlce Start dissents on one proposition.
He holds that the testimony of Mrs.
Hazelton that Miss Cling had told her
she had a business engagement with
Hayward that evening was not nd.
missiblc on the ground that 1t teuded
to characterize her subsequent acts
and her departure on the fatal ride
soon after she made the statement,
He holds that 1t is assuming q wrong
reason fora right conclusion, and that
the admission Of Mrs. Haxelton's testi.
mony should have been sustained on
the ground that 1t was original evil
dence tending to .corroborate that Of
BliXt that she did meet Hayward. The
opinion is written by Judge Cauty,
Now that the supreme court has de-
cided the case, the attorneys for the
defense have ten days In which to an
ply for n reargument, or they may Dos
sibly have longer. They are allowed
ten days In any event, and occasional.
" where the attorneys In case state
that they cannot prepare the papers
Tor the application within that time
they are granted further time, oc-
casionally as much as thirty days. II
the application Is denied the case viii
be certified back to the district court
which then regains its Jurisdiction,
and the clerk Of that court will again
certify the case, with the evidence, to
the governor. who will issue a man
date to the sheriff Of the county order.
Ing that
The Execution.
take place upon date fixed. At this
rate 1t will be some time before the
execution can take place, for, at best,
the case cannot be sent back to the
district court under ten days, and, In
case IN application for reargument
Is made and granted, there will be
smother stay until after the date when
the court orders the reargument to
advantage 81 t6e a bfiEflsEes :aHf sflo#saf tRef
by law and give their client as long n
lease of life cs possible, SO It will prob
ably be at least thirty days before the
date OF execution can take place. The
ten days which the attorneys are A.
lowed for applying for q reareument
Will expire Nov. 30. II the application
is granted there would undoubtedly he
another stay of at least twenty daye.
and some time will be occupied in pre.
pairing and sending the case around
the course, so the chances are that the
execution will not take place before
January.
Gov. Clough was seen, but replied
to the questions that there was moth.
Ing for him to say, as the case had not
reached him. When 1t did It would be
decided promptly, and that was ali
there was to 1t.
Breaking the News.
Minneapolis, Nov. xt.-Jailer Wen
was the first one to break the news tn
Hayward. The TALLER said: "Weii.
Harry, It's gone against you. The gu.
preme court has refused you q new
trial." Harry turned several shades
paler as he arose to receive his death
eiHYGEssqRG, YEs EvRlGi,u,znsW Well, said he, slowly.
From this time on Harry will BE-
closely guarded. Ex-Jailer Wheeler
has been placed ON guard as day
watch and ut night Brusven, wha has
been watcher for the last month, will
be continued. 1t Is believed that two
death witches will now be put on
guard before the door Of Hayward's
cell, hut nothing will be determined
before Sheriff Holmberg returns from
Omaha, where he went last night.
HaywaFd's cannsns.
A find was made in the search
through Hayward's cell this morning
which startled the searchers, Of whom
Algate Anderson was In charge. One
Of the Stats In the iron frame work Of
the bed on which Harry has been Sleep
ing was found to have been bored ont,
and In the aperture soft roll, ap-
rarently Of paper, was found. The at
tention Of the searchers was called to
It and with breathless Interest they
watched Anderson pull out three 500
bills. AS they were unrolled and held
up to the light, one of them was shown
to have been pasted together In the
middle. Where could the three billa
have come from? All the other bills
that had been torn were returned to
Mrs. Hayward by Harry. who re-
ceived them from Jailer West. The
entire Transaction was In his presence.
and 1t would have been indeed q yerv
clever slight of hand trick which could
have transferred even one OF the bills
to his own person under the jailerA
watchful eyes.
Still, there they were, and 40 they
were. found 30 they were brought up
| to the sheriffs office and turned over
to Deputy Phil Megaarden. 1t IL be-
lieved at the office that these bills
form part of the missing 500 Of
which so much has been said, and IL
this is true. 1t quite exculpates Mike
Kierce from the suspicion of having
salted down q few hundreds, as haa
been intimated by Hayward % broad,
ly.
Later close examination of Hay.
wards shoes showed that. under the
insole Of one small cavity which had
been scooped out, which contained a
neatly folded $500 bill.
Geld Wave ia Boston.
Boston. Nov. %. - The cold wave
reached Boston to-day and snow began
falling,
Pettinsill From Wisconsin.
La Crosse. Wis; Nov. -22.-Pettfngfll
the Wild man of: Wise River noun