The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-03-09
THE sMURDERER'S STOLIDITY
A Halter Must Be Fixed for the Neck
of Miss Ging's Slayer
The Young Man is Now In the Shadow OF the
GaIows, and the Court Has
No Discretion

gave the lie to his words ana placed It's
seal upon the word, equity"
With the same immovable stolidity with
which he has watched the trial of his
case. the prisoner received the verdict OF
the Jury. There was not shadow OF a
change in color, not the relaxation OF a
single muscle, no visible collapse or sign
of any emotion; ever the same cynical
and sneering indifference. According to
the statutes of the state of Minnesota
only one fate can await Harry Hayward
TO be hanged by the neck until he is dead.
Neither Jury nor Judge can alter the SEN
tence, no matter how strongly inclined they
might be toward leniency. For murder
in the first degree the law provides only
one penalty. Judge and jury alike are
hut the agents of the state for the eXecu-
ton of that law. At the request OF coun-
sci for the defense the pronouncing OF the
sentence was deferred until next Monday
morning. but the verdict of the jury has
made the sentence of Harry Hayward as
certain as though the judge had already
announced 1t.
Court opened earlier than usual today to
give Mr.. Erwin time to close his argu-
ment for the defense in the Hayward case,
which has already lasted two days.
Erwin pointed out that the loan
Harry Hayward made to Miss Cling had
not been attacked in the evidence except
by the word of Claus Blixt. The validity
of this loan was the citadel OF the defense.
1t is evident that had the police machine
been properly set in motion the mystery
surrounding Miss Ging's behavior would
have been solved, and in manner con-
sistent with the noble character of the
girl At the same time it would have re-
lieved this innocent man from the charge
under which he now rests.
Mr.. Erwin chen devoted himself to the
alibi and claimed that all OF Harry's time
when he was involved by BliXt's testi-
mony had been satisfactorily accounted
for.
In closing ne said this was the most
monstrous persecution in history.
eff YOU are, in obedience to the pressure
brought on you, to tear down all the
rules of law; if fanaticism and the mon
strosity of this alliance between the per-
iurer and the murderer are to influence
YOU, then tell your artisans to remove
from all our domes the statue of Justice.
Tell them to put i'll her place a figure of
the Hag of He'll. Take down your flag,
the flag of your republic, the red and
white and blue. Take it down-the old
flag of freedom-and bid your officers rear
in its place that polished, black face OF
hellish perjury
"You, gentlemen of the jury, are in the
hands of God; no power can mar or over
throw your verdict. Beware that you do
not betray the conscience of the nation. "
1t took Judge Seagrave Smith forty
minutes to deliver 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 premeditated
The Judge intimated that there could be
no verdict of guilty less than murder in
the first degree. He then explained the
reasonable doubt theory at great length.
He continued:
ITO what extent the defense has dis
credited Blxts testimony is for you, gen
tlemen, 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 1t is necessary for
you to be satisfied that BliXt killed Miss
Cling; second ,!that Hayward melted him.
''If when you retire, you are satisfied
that Blixt killed the girl, you may pro-
coed; ii not, do not consider the verdict
further. 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 tes-
timony of Blixt that he killed Miss Cling,
and the positive statement of Adry Hay
ward few days before the murder that
Harry said he was going to kill. This
testimony is also supported, as it must be,
by much circumstantial evidence. You
must decide how far this evidence is
worthy OF credence and how far it is cor
roborative. The testimony of an accomp-
lice must be accepted with eXteme care.
"In judging OF the credibility of these
witnesses the jury is entitled to consider
their attitudes on the stand, the reason
ableness OF their statements and the con-
dition under which they testified. ii it
was believed that any witness had testi-
fed falsely it was at liberty to discard his
evidence, except wherein confederation of
other reliable sources established its credi-
bility. If it was apparent that any wit
ness was possessed OF i'll feeling against
the accused, that also might be taken in
consideration. If the jury founo that
any witness had given the testimony on
a promise of immunity from punishment
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 pun
ishment to be inflicted. No attention
was TO be paid to the utterances of attor