The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1895-03-16
He Listens to His Sentence With the
same CoMpoxure That He Has
Continually Snowman APP
peal Will he
:. Taken.
HAYWARD GIVES UP HOPES.
iAc TlaiHks That an Appeal Is Use.
lc.s. and Says That Is Sure
to Hang.

the bar.
The words affected the judge
than they did the defendant. FOR Har-
ry Hayward, convicted of having in
spired the brutal and unnecessary
murder of Kitty Cling, neve: lost his
nnchalance. He was ''Monsiaur Sans
Gene" as he lounged there; dc seemed
to have no more direct interest than
any other spectator. and when the
final word was spoken he nodded cas-
ually to the judge, as if to say: well,
old boy. this is n IN me;;' and then
he returned to his seat beside gaunt
Bill Erwin.
And thus ended another chapter of
the Cling murder case.
Erwin's Speech.
Has the defendant anything to say
why judgment should not be passed
upon him at this timer" asked Judge
Smith when court opened.
IF it is the intention of the state to
move sentence at this time" said En-
win, rising, '.the defendant, through
his counsel, moves for an arrest Of
judgment on the ground that the in
dictment did not charge murder In
the first degree. o in any degree. Ill
fact. Again, the defendant. through
his counsel, desires to give notice to
the court and the prosecution at this
time that as soon as possible he Will
move for a new trial, alleging each IL
every one of the statutory grounds,
and each and every one OF the eXcep-
tons to the overruling of objections to
the introduction or rejection OF GER
tain testimony; and, further, on the
ground that the trial was not fair, on
account of the public terror overhang-
ing the court"
s'Tbere has been nc terror o~verhanS-
ing me-" said Judge Smith, sharply.
II did not wish to be understood as
being PERSONAL" the Tall Pine
FASTENED to say. .,
"Well. 1 am the court in this case"
retorted Judge Smith.
..When l spoke" said Erwin, Il re-
ferred' to all of us, Of course"
The proceedings then 1apsed into a
casual conversation over the question
as to the best time to present the
formal motion for a new trial so as to
have it occur. under the law, prior TO
the close Of the present term OF court.
There was some slight disagreements
as TO the date, but it was finally de-
cided that the motion should be pre-
scented on March %. The court tnen
formally denied the motion for arrest
of judgment.
"The defendant is ready to receive
sentence, your HONOR" said Erwin, re-
Stunning his seat.
HAYWARD arose lcisurely n saunt-
cred over to the clerks desk, upon the
ton of which he rested both hands as
he faced the arbiter of his destiny.
Hayward Sentenced.
"Have you anything to say why
sentence should not be passed upon
YOU at this time?" asked Judge smith.
."Nothing, sir, except that l am IN
nocent, in spite of the Judgement oi
twelve jurors"
:. Having said this. he !ounged at ease,
his elbow upon the desk and ms chln
resting upon his left hand. His right
arm was akimbo and his legs crossed
and. in this careless attitude he re-
ceiyed the death sentence.
.s1,his is a painful duty to, me, said
Judge. Smtt'. slowly. but one that
cannot he a. :drd. 70 have had. a
fair trial; YOU have been defended
ably by the best Of counsel, and l have
endeayored to see to it that the jurors,
during the progress of the case, We're
not contaminated by public opinion.
The Jurors have rendered a verdict,
each for himself and by himself. as
understand and believe. Although l
ain not favorable to capital punish
ment.sa 1 told the jury at the outset
I am not responsible and must eAeente
the law. whatever it is. 1t IS my outy
whatever my opinions may be"
Judge Smith spoke in a lower tone
and was more affected as he pro
cee1ed:
"lt is. therefore. consi1' ored and ad-
iudred that you, Harry T. Hayward,
as. punishment for murder In the first
degree. of which crime you have been
convicted. be taken from here to the
comfy Jail and. after a period OF three
calendar months, upon a day liked Dy
the governor of the state as expressed
in his. warrant, be taken thence ana
hanged by the neck until you are
dead.
WI, Didn't Phsse Him.
The hush that had fallen upon the
spectators continued. 1t was a sol
emn moment, but, from appearances,
more solemn for the court and h
SPECTATORS than for the central figure
of the tragic drama. There was not
the slightest suspicion Of pollor. or OF
n weakening of the thoroughbred's
nerve not a twitch. There was a to-
tai absence, even Of anger. He simply
nodded to the Judge in an easy, casual
sort Of way, as if to say: swell, this
is one on me-" and then resumed his
seat by the side Of Erwin.
Upon leaving the court oom with
the deputies, he had to III the gaunt-
in the hall, but when he reached
the outer air it was worse. Several
hundred people, evenly divided as to
sex. had gathered at the door. and his
was the signal for a chorus
Of cheers and !jeers-cheers because Of
the sentence, jeers on general princ1-
pies. -
BILE. He accepts it with a smile and