The Dickinson press., 1895-03-16
The Judges Charge.


1t took Judge Seagrave Smith forty
minutes to read his charge to the Jury.
He declared that the verdict must be
guilty as charged or not guilty. If the
defendant was guilty, 1t was premedi-
tated, 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 ut great length. He on
tinued:
ITO what extent the defense has
discredited BliXt's testimony Is for
you. gentlemen. 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 Won to be
satisfied that Rlixt killed Miss Cling.
Second. that Hayward melted. If.
when YOU retire, you are satisfied that
Rlixt 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 be 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
AIRY 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 it is corroborative. The
testimony Of an accomplish 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-
ditions under which they testified. If
1t was believed that any witness had
testified falsely it was at liberty to
discard his evidence, except wherein
confederation from other reliable
source established its credibility."
If it was apparent that any witness
vas possessed of ill-feeljng against the
accused. that also might be taken
into consideration. If the Jury found
that amy 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 my
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
iury's hands it was the duty of the
Jury to decide. after weighing 1t care
fully. whether 1t was sufficient to sus-
tain the chasgc against the defendant.
Guilty MS ChnrRed.
The charge was perfectly satisfac.
tory to both sides and no exceptions
We're noted. II was generally conceded
to be fair and impartial.
The ruling passion in Harry Fay
ward was strong in the presence Of
death. He placed Il bet Of $50 this
morning that the verdict would be an
acquittal and that it would be reached
inside Of two hours by the jury.
Judge Smith stayed III the court
room until noon, and then, as no word
came from the jury room, went home
to dinner. The court was adjourned.
AT ? o'clock the jury reported that
they hal AIRED upon a 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
cou' ,rymen, n by one, as II. to learn
In advance whether any ray of hope
iurked behind their impassiveness. The
jurymen looked stern and sad. The
stor" they had to tell Gould be read in
their faces and Hayward knew his
Tate before a word was spoken. Ma
spectators were admitted. The only
persons present when the verdict was
handed In were police officers. sheriff
deputies and reporters. besides the
Judge and clerks. Outside n howlinp
anxious mob awaited the news. and
awaited 1t with ghoulish impatiencc.
When Judge Smith arrived he issued
strict orders to admit no one, and the