Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1895-11-29
HAYWARD MUST HANG.
The Supreme Court Refuses to
Grant Him New Trial
When Informed of the Decision Hayward
Said It Was What He Expected-He
Must Now Pay Full Penalty
for Ills Crime.

Minneapolis, Nov. 2O-Thls morning
the long looked for decision in the Hay
ward murder case was filed 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-
flrmed in every particular, and there is
no appeal from this decision. There are
ten days in which to ask for rehear-
ing, which will most certainly be de.
MED, and it is practically assured that
upon Dec. 8, or at the latest, Friday,
Dec. 10, Hayward will hang.
Upon the insanity point, upon 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 all the circumstances, 1t 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 II is presumed to continue until II ap-
pears that the person has again become sane
But this presumption only applies to ilabitual
insanity which has continued so long as to raise
presumption that it is permanent. Tempo
rary insanity or temporary delusion or aberra-
ton are not presumed to continue, and evidence
OF the same standing alone is not evidence that
the person is insane at q later period.
Evidence of insanity of q PERSONS ancestors
and relatives is not alone competent or sum.
Gent to prove that he is insane, and such evil
dence can only be used to corrohOrate 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 persons insanity at a later period. Query.
But held such evidence without more is not
sufficient to go to the jury when insanity is
merely collateral issue us where an attempt
Is made to impeach the competency or credi-
bility OF witness by proving that he is insane
Distinction between insanity as direct issue
and as collateral issue noted
When IN attempt is thus made to impeach
tbs credibility of a witness the court may in its
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 to 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
the Office of the attorney general in St.
Paul. AS soon as he had been told.
Nye Immediately called up the attor-
ney generals Office and the report was
verified. He Immediately went to the
sheriff's 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, Tailor
West and Turnkey Sandberg were
taken to one side and held a hurried
in the old Barrett room.
We'll have to change his quarters"
said Megaarden. Anderson, as soon
as he is taken out of his cell want
you to go in and make an examination.
Take all the time you want and make
1t thorough. Don't miss place and
probe everything"
"All right" said he to Phil after their
talk, 'let me go now" And with that
he disappeared inside the Jail.
Proceeding Immediately to Harrys
cell, the jailer said: "Well, Harry, it's
gone against you. The supreme court
has refused Won q nayy trio
Harry turned several shades paler as
he rose to receive his death message.
WELL" said he slowly, 1--WE been ex-
pecting it,
That was all his comment. "There
are some men down stairs who want to
see you," said West, and with that
Harry started down the steps from the
bath room. There he found Deputy
Anderson waiting him with clean and
new underwear, clean blue and white
striped shirt, very different from the
immaculate shirts ne was won't to
wear. His old clothes were quickly
taken off, Harry asking those IN tho
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, waited to make
the final examination after his bath
should be taken. In the meantime 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. 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 APP
propriating for his own uses, and in
addition 5000 which was not accounted
for. This makes in all So, $50 which the
officers have found on Harry's 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.
Brief Minnesota Items
The Northwestern road has fled an
injunction to prevent the st. Louis from
placing it's yards and warehouses oppo-
site the new depot at New Ulm.
The X of L Hall at Chaska was
burned. Fully Insured.
Work at the gold mine near Redwood
Falls has stopped and the mill is closed.