The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1895-03-15

granted until next week, when mo.
tion will be made for new trial. II
this ID refused an appeal will be taken
to the supreme court.
Had the verdict been one of acQuittal
Hayward would hive been lynched
and nothing could have prevented It,
as the mob about the court room was
large enough to overcome the entire
police department.
Tho Days ProceelinEs,
Court opened nm 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 ont that the
loan Harry Hayward made Miss Cling
had not been attacked In the evidence
except by the word Of Claus Blixt.
The validity Of this loan was the cita-
del OF the defense. II was evident that
had the police machine been properly
set III motion the mystery surrounding
Miss Ging's behavior would have been
solved, and In manner consistent
with the noble character Of the girl.
At the same time 1t would have re-
lleved this "innOcent man from the
charge under which he now rests"
MIR. Erwin then devoted himself to
the alill and claimed that all of Har-
rvs time when he was involved by
Blixt's testimony had been satisfactori-
" accounted for. In closing he said
this IL the most m0nstrOus persecution
In the coalntry's history.
IF you are In obedience to the pres.
sure brought on you to tear down nil
the rules Of law. if fanaticism and the
monstrosity Of this alliance between
the perjrrer and the murderer are to
influence You. then tell your artisans
10 remove from oil our lomes thc
statue Of Justice. Tell them TO nut IN
her place figure of the lag OF he'll.
Take down y0nr flag. the flag of your
republic - the red, white ard blue.
Take dnE It down-the old flag Of freedom,
anu Ulu yO1s,, vfIsee~,, seAv In tic ,>l.or
thnt polished. black face 1Hof nalIis,, srTss
perjury. You, gentlemen Of the J1rv, JsI
you are In the hands Of God. No pow
er can mar or overthrow your verdict.
Beware that you do not betray the con-
science Of this nation"
The Judge's Charge.
1t took Judge Seagrave Smith forty
minutes to read his charge to the jury.
He declared that the verdict must be
guilty MS charged or not guilty. II the
defendant was guilty, 1t was premedi-
tnted, and the Judge intimated 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 IL for
you, gentlemen, to say. They say his
testimony was conflicting, and you
have a right to take into consideration
the condition of Blixts mind that
night. 1t IL necessary for you to be
satisfied that Blixt killed Miss Cling.
Second, that Hayward melted. Ii.
when you retire, you are satisfied that
Blixt killed the girl. you may proceed;
II not, do not consider the verdict fur
ther. But IL Harry did incite, as
charged, your verdict will he 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
Adry 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
and how far 1t Is corrOborative. The
testimony Of an accOmplice must be ac-
cepted with extreme care. In Judging
Of the credibility Of these witnesses
the jury was entitled to consider their
attitude on the stand. the reasonable
ness Of their statements and the con-
ditl0ns under which they testified. If
1t was believed that any witness had
testified falsely It was at liberty to
discard his evidence, except wherein
corroboration from other reliable
source established its credibility."
II 1t was apparent that any witness
was possessed Of ill-feeling against the
accused. that also might be taken
into consideration. II the jury found
that any witness had given testimony
on a promise of immunity from punish
ment. that also must be carefully
weighed. This case was to be tried
on the same principles precisely as any
criminal case, no matter how slight its
importance. The Jury had nothing to
do with the punishment inflicted. No
attention was to be paid to the utter.
ances Of attorneys on either side, ex-
cept as based on the testimony. hut
when the evidence was placed in the
jury's hands It was the duty Of the
Jury to decide. after weighing II care.
fully. whether II was sufficient to ans.
tain the charge against the defendant.
Guilty as Charged.
The charge was perfectly satisfac-
tory to both sides and no exceptions
were noted. 1t was generally conceded
to be fair and impartial.
The ruling passion in Harry Hay
ward was strong in the presence Of
death. He placed bet Of SO this
morning that the verdict would be an
acquittal and that 1t would be reached
inside Of two hours by the jury.
Judge Smith stayed in the court
room until noon, and then, as no word
came from the jury room. went home
to dinner. The court was adjourned.
At 2 O'clock the jury reported that
they had asre.d upon q verdict and
the Judge was sent for. He ordered
that Hayward be brought in. When
the prisoner arrived he was the coolest
man in the court room. He sat there
amid the solemn silence Of the big
room, scanning the faces OF his twelve
cOuntrymen, one by one. as IL to learn
In advance whether any ray Of hone