The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1895-03-14
WASTED NO TIME.
The Hayward Jury Was Out Only Three
Hours.

brated Hayward case has at last ended.
The jury, after listening to evidence
and speeches for the space Of nearly
eight weeks, brought in a verdict OF
guilty after three hours. The first vote
stood eleven for conviction and one for
acuuittal. Juror Dickey was the only
man who raised his voice for human
life.
The condemned man heard the news
in sullen silence, but the look Of an
animal hunted to its death cleaned
from his eyes.
Albert Fl. Hall asked for an immediate
sentence, but at the request of John
Day Smith the court granted stay
until Monday morning.
:, At 10 o'clock Mr.. Erwin finished his
address. The judges charge was then
read, and at 11:OS the jurors retired to
perform their solemn duty.
Court Immediately adjourned, and
the prisoner was led back to his cell nm
der heavy guard. A great crowd con-
tinued to hang about the courthouse In
the belief that the jury would be out
but short time.
At 2:OS o'clock Deputy Wahl was in
formed by knock on the door OF the
Jury room that verdict had been agreed
upon.
The news was Immediately communi-
Gated to Judge Smith, who at once re-
paired to the court room. When he
assembled the bench he issued strict Or
ders that no spectators be admitted.
Besides Judge Smith, the attorneys
and Harry Hayward, there were present
only the reporters, police deputies and
clerks.
1t 2:3O the prisoner was led in, and a
moment later the foreman Of the jury
announced the verdict.
The nerve Of the prisoner did not de-
sert him even in this hour of great trial.
He appeared the coolest man in the
courtroom, and was not noticeably af-
fected, beyond look of hate which he
cast at County Attorney Hall when he
moved for immediate sentence.
The Charge of Judge Smith.
Judge Smiths charge to the jury was
certainly comprehensive, and the law
yers and laity both who heard it
agreed that it was most fair. He called
attention to the fact that the verdict
must be either guilty of murder in the
first degree or not guilty. There could
be no other alternative. It was not
necessary to establish the guilt of the
defendant to an absolute certainty, but
to moral certainty, founded on evil
dence incompatible with any theory of
innocence.
Things to Be Cons 'dered.
While Blixt had contradicted himself,
It might take into consideration the con-
dition of his mind at the time the con-
f1icting statements were made, and it
might also take into consideration the
incentive of promises of clemency. It
must also remember that as an accom-
plice his testimony must be corrobo-
rated. The state claimed that it was,
Adry telling Elder Stewart before the
murder that Harry had told him of So
curing Blixt, who would do the work.
Grudges Might Weigh.
The testimony of any witness might
also be weighed in the light of any i'll
feeling which the witness might bear
toward the defendant. He also re-
minded them that an adequate motive
for the crime must be shown. The
state claimed that this was found in
the insurance money. The defense
claimed that these policies were given
to secure loan, which in turn the state
claimed was a fraud, The jury should
consider this fraud, and it could not be
presumed, but must be established by
preponderance of evidence, but it need
not be direct testimony. The testimony
of the reason might be received.
Jurors Naturally Pleased.
The jurors, who have been in confine-
ment for over six weeks, were naturally
jubi.ant over the release, and none of
them seemed to feel that the experience
was one which they would care to
undergo again. Not that they had any
qualms of conscience over their action,
for the court and the law expressly took
that off their shoulders, but the evidence
was so convincing that they could not
do otherwise than find Hayward guilty.
While not desiring to discuss the ver-
dict to any great length they all ex-
pressed themselves as pleased with the
treatment they had received from the
court and the attorneys, as we'll as from
the hotel where they were stopping.
They had one corner of the second floor
to themselves and lived in quite lux-
nrious style.
Attorney Erwin is seriously i'll in st.
Paul, and was not present when the
verdict was announced.
Convicted Of Manslaugter.