Warren sheaf. [volume] (Warren, Marshall County, Minn.) 1880-current, 1895-11-28
HAY w4Rp MIST HANG.
The supsEems oouss Refuses to-
Grant Him q New Trial IS

When Informed of the Decision Hayward
Said It Was What He Expected-He
Must Now Pay Full Penalty
for His Crime.
go. sss.s !
-. Minneapolis Nevs< Thasp norniug
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 Canty.
The action of the lower court is af-
irmed in every particular, and there is
no appeal from this decision. There are
ten days in which to ask for a rehear-
ing, which will most certainly be dc.
MED, and it is practically assured that
upon Dec. 6, OR at the latest, Friday.
Dec. ID, Hayward RiMhSn& n "a d
Upon the insaniS ppiH, ApBM Which
the attorneys for Hayward hung their
faith, the court decided as fpllo,ysi
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 competeiey on the ground that he was
| insane, but made nONoffer to prove that he was.
Held, under allthe circumstances. it 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 q permanent type is once
shown 1t is presumed to continue until 1t ap-
pears that the person, has again become sane.
But this presumption only applies to habttual
insanity which has continued so long as to raise
presumption that 1t 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 later period
Evidence OF insanity of person s 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 corrOborate further
evidence Of his insanity.
Whether when insanity Is q direct issue In the
case evidence of prior temporary delusion or
mental alteration, and evidence OF insanity Of
ancestors and relatives, is together suf1cient
without more to go to the jury as evidence 81
the person 8 insanity at o hter. period. .QuerH.
But held such evidence without more is not
sufficient to go, to the jury when insanity is
merely acollateral issue as where an attempt
Is made to impeach the competency or credi-
bility OF witness by proving that he is insane.
DISTINCTION between insanity ass direct issue
andsaSa collateral issue noted. FkH e
When an attempt is thus made to impeach
tbs credibility OF o 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 catae. tt 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 Eup the. attor-
4ney generals Office and the report Aa4s
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 a 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 asyet bad not been in
formed of the result.
When the jail was reached. Tailor
West and Turnkey Sandberg were
taken to one side and held hurried
consultation in the old Barrett room.
''Well 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 ali the time yonl want and make
,~l ~
probe every thing. -ssssssas7
- All right, n'.said he to Philafter. their
talk, let me go now = And with that
he disappeared inside the Jail. j.
Proceeding Immediately to HarryS
cell,the jailer said: 'syNell, Harry, it's
gone against you.@s The supreme court
has refused you aanew trial"
Harry turned several shades paler as
he rose to receive his death message.
''Well," said he slowly, 'I've. been exs
pecting it."
That was all his comment. ..There
are some men downstairs who want to
see you, said West aud With that
Harry started down the steps rom the
bath room There ke found Deputy
Anderson.waiting him WitAsclean and
new underwear, a clean blue and white
striped shirt, very different from the
immaculate shirts he was wont Ia
wear. His old clothes were quickly
taken off, Harry asking those IN the
bath room to vacate while he made the
change. The water for his1bath was
not hot and while twas heating DR..
Weston, city physician waitedto make
the final lexamination after His bath
should be taken. I'm thesmeantime ex.
Turnkey Wheeler went through the
new cell in the same tier on the second
floor that heis to occupy till the execn-
ton. :.
The governor has left the date Of the
execution in the hands of Frank Nye,
and Dec. s6sis announced as thestime. %
I In searching fHay wards cell Deputy
sfound the missing $500 bill, which
Harry had accused Mike Kierce of APP
propriating for his own uses, and in
addition $500 which was not accounted
for. This makes in al $3,35Ogwhich the
officers have found on Harry person
or in his cell.
The $500 was fosn 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. p
The Northwestern road has fled an
injunction to prevent the st. Louis from
placing its yards and " aEehqnses pppo-,,
site the new depot at New U1m.
The K-,of e Hall at Chaska was
burned. Fully Insured.
Work at the gold mine near Redwood
Falls has stopped and the mill Is closed.
The general impression is that work at
i 1,ssts Ias 4 Rt ss 8 .ast
gold bearing quartz can be found, but
as yet nothing IN OBSERVATION-DISCLOSURES
haen 1iSc0vara6 The wnrk ia vArv