St. Paul daily globe., 1895-11-27
Mr.. SANDBERG'S DISCOVERY
HAYWARD IS NOT NOW PER-
MITT1D TO GO OUTSIDE HIS
! ssW CELL.
HE HE WANTS MORE EXERCISE.
1he Time for Reurgument Will
Expire on Saturdmy-Harry,s
-nD Attorneys Mum.

attorneys of Harry Hayward can
appear before the supreme court and
ask for a reargument of the appeal
In the matter of granting a new trail.
And in spite Of the fact that the ten
days allowed by law will have ex-
plred by Saturday of this week,
County Attorney Frank Nye has not
been served with any petition for a
reargument. 1t was stated in an
evening newspaper recently that the
petition for a reargument had been
filed in st. Paul. Not having been
served with the papers in the case,
as the law requires, County Attorney
Nye is rather inclined to doubt the
truth of this statement, although he
has no official knowledge either one
way or the other.
There is considerable ignorance on
circles the idea has gained ground
that it is more important than any
of the preceding steps in the great
legal battle that has been fought to
secure the liberty of Harry T. Hay
ward. This is not true, and, in fact,
it is one of the least important steps.
In order to secure a hearing the
attorneys for the prisoner must petit
tion the court and allege that evi-
dence of a different nature, Or hav-
ing an entirely new bearing on the
case has been obtained. Or, if this
is not alleged in the petition, assign
ment of errors overlooked in the first
argument must be made. Whether
Hayward's attorneys can obtain any
thing of this sort is not known, but
it is believed that something Of the
nature required can be obtained to
base the petition for a reargument
on.
County Attorney Nye would not eX-
press an opinion, when seen last
night, regarding the outcome Of the
new argument, providing one is
granted. But it is pretty well known
in legal circles that he regards this
part of the proceedings as techni-
cality which will in no wise change
the supreme court.
ATTORNEYS INTERESTED.
Considerable interest, as is natural,
centers in the next move in the great
tragic drama played for so many
months before the people of the city,
and lawyers give more than usual in
terest to all of the proceedings. The
fact that no step has been made for
a reargument in view of the near
approach of the day, is not at all
considered to have any bearing upon
the ultimate action to be taken. The
petition, if it has not been filed, may
be laid before the supreme court
Friday, whereupon notice would be
served upon County Attorney Nye.
The matter would then be decided
within a very short time, and, if the
case goes against Hayward, the mat
ter of fixing the date of his eXecu-
ton will follow.
One of the callers on Sheriff Holm
berg yesterday was Sheriff Charles
E. Chapel, of st. Paul. Il do not
believe that Hayward has any
nerve" said Sheriff Chapel in an
swer to a question. His nerve is
like his conscience. 1t is a negative
quantity. He has no conscience or
he would not act the way he has
during the time since his trial and
while it was in progress. He re-
CARDS the death of other people as
nothing very serious, and | believe
that is the way in which he will look
upon his own death. He will con-
slider it calmly and coolly, and when
the time arrives he will walk up to
the gallows with a firm step. When
the last words are being said there
may be a breaking down, a percep-
tible shudder of fear or something of
that sort. l do not believe it will
be of long duration, however, and
/ do not anticipate any emotional
scenes at the galioWs. l have
watched Hayward with great deal
of interest. Judging from the eX-
perience Of those who have had his
keeping he is a dangerous man. 1
would rather that some one else
would have the responsibility, but I
cannot do otherwise than commend
Sheriff Holmberg and those who
have assisted him in taking care of
such a prisoner. Hayward will new
er escape alive from the Hennepin
county Jail, and he need make no
plans of that sort.
"The hanging of the two men in
Ramsey county last year had a salu-
tary effect on criminals in st. Paul.
I don't suppose there has been a
time in the history of the city when
there were fewer criminals in ST.
Paul than there have been within
the last year. 1 think it will have
much the same effect here. The
hanging of Hayward will be moral
lesson to criminal humanity in Min
neapolis that will have a decidedly
beneficial effect. I am of the opinion
that you will not have any great
crimes committed here for some
years, but of course you can hardly
prophesy in such matters as these,
lIlc So
to do with the consequent acts"
HAYWARD'S PIPE DISCOVERED.
For some days previous to the time
that the death watch was placed in
Harry Hayward's cell, he was enabled
to get articles into his possession. This
occurred in spite of the fact that there
was thin wire netting with very
closely woven meshes through which
1t would be impossible. to pass anything
larger than pen knife. There was an
inside guard to the Jail, too, and this
official kept close watch of all Wis
itors to Hayward's cell. But in spite
of such complete precautions, Hayward
obtained money and he received other
articles. Some of these were smuggled
into his possession to show how little
the jailers knew about his operations,
and Hayward would joke them about it.
But now the secret is out. Capt.
Sandberg, who has had many years ex-
perience in the government service and
is one of the shrewdest employees under
the sheriff, has discovered how it was