St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-06-20
GRANTED TO HARRY HAYWARD
by THE STATE SUPREME
COURT.
DIVISION AMONG JUDGES,
AND JUDGE CAVITY VIGOROUSLY
DIssENTs FROM DECISION
ARRIVED AT.
ANXIOUS HOURS FOR DEFENSE
Relief All Around When the Ex.
ecutiOn Set for Tomorrow
Was Deferred.


ceedings in the Hayward case was
granted late yesterday afternoon.
The stay is for thirty days only.
Assignments of error and the rec
ord were filed in the supreme court
in the morning and after the usual
session of the court the matter was
taken under advisement.
The discussion of the case was,
of course, executive, but it was aft
erward learned that there was a di-
vision of opinion in the court as to
whether the stay should be granted
at all, considering that the filing of
the notice of appeal was left un-
til such a late date.
1t was currently reported that
Hayward's attorneys, as we'll as
himself spent a very uncomfortable
day, as it seemed quite probable.
from the fact that there was a di-
vision of opinion In the court as to
the right of granting a stay, that
the court might finally decide to re-
fuse to grant the application of the
attorneys, and in this event Hay
ward would surely have hung to-
morrow
The grounds for such action on the
part of the court were supposed to
be quite as good as were those in
the Prendergast case, in which the
supreme court of Illinois refused to
grant stay The notice of appeal
and assignments of error in this in
stance were not filed until very close
to the day set for the execution, and
when the matter came to the SUI
preme court, the application was de-
MED on the ground that no error
could be found,
Sheriff Holmberg, of Hennepin
county, showed a good deal of anx-
iety in the matter, and was greatly
relieved when Chief Deputy Clerk
| Helm telephoned him that the court
| had ordered that stay of pro-
| ceedings be granted for thirty days.
The order reads as follows:
! State of Minnesota, respondent;
| Harry T. Hayward, appellant An ap-
| plication on behalf of the appellant for
| a stay of judgment in this case until
| his appeal can be heard and decided
having been made to the court; Now,
therefore, for the purpose of afford
ing the court a reasonable opportunity
to examine the record In this case and
determine the propriety of granting or
refusing such application, II is ordered
that the execution of the judgment in
this case be and it is hereby stayed for
thirty days from this date. By the
court, G. NJ. START,
Chief Justice.
JUDGE CAVITY DIsSENTED
from the opinion of the majority of
the court on the ground that the at
tcrneys have been too slow about taxi
ing any action. His protest against the
action of the court follows:
State of Minnesota, respondent, VS..
Harry T. Hayward, appellant. | pro-
test against the granting of stay of
proceedings in this case. On March
8, 1885, the defendant was by the ver-
dict of the jury found guilty of muir
der in the first degree On March III
he was sentenced to be hung. On
March 30 the bill of exceptions was
duly filed, and on April 70 the court
below denied motion for new trial
On the Goth of May the governor set as
the day of execution June q, 1895. The
defendant has just taken his appeal,
and without filing any return comes
to this court for a stay of proceedings.
When some copy of the record Is
asked for by this court he dumps upon
us over 400 pages of what purports to
be an office copy of this record. and
without pointing out any specific page,
folio or paragraph on which 1t is
claimed that error can be found. leaves
us to wade through all this undigested
mass to ascertain whether it contains
any error, and we are TO comm ence
this task on the afternoon of this day.
with only one day intervening between
this and the morning set for the exc
cution.
The defense has had several months
in which to apply to the court for
stay of proceedings, but has waited un-
til the last minute. This court should
not allow itself to be forced in this
manner into granting a stay of pro-
ceedings without regard to the merits
of the case. CAVITY, ].