Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1895-03-09

consideration. If the jury found that
any witness had given testimony on a
promise OF immunity from punishment
that also must be carefully weighed.
This case was 10 be tried on the same
principles as any criminal case, no
matter how slight its Importance.
The jury had nothing to dc with the
pU~ tshment to be inflicted. No atten-
was to be paid to the utterances
& q Orneys on either side, except as
yN On the testimony, but when the
dence was placed in the jury's
hands it was the duty of the jury to
decide, after weighing it carefully,
whether it was sufficient to sustain the
charge against the defendant.
The charge was perfectly satisfac-
tory to both sides, and no exceptions
were noted 1t was generally con-
ceded TO be fair and impartial.
The ruling passion in Harry Hay
ward was strong in the presence of
death. He placed bet of so 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 in the court
room for an hour and then, as no word
came from the jury room, went home
to dinner. The court was adjourned
until o'clock
At 2:10 it was announced that YER
dict had been reached and a deputy
sheriff went TO the Jail to bring Hay
ward into court.
A cooler man than Harry Hayward
under such circumstances never lived.
His dress was immaculate as usual,
and he walked with the same culti
waited stride that is one of his charac-
teristics, to the chair he has had for so
many weeks past. That he antici-
pated what the verdict was to be, seem
ed apparent in the angry manner with
which he threw his hat on the attor-
ney's table. The force was so great
that a rent was made in the crown OF
the derby. Schumacher turned to his
client and besought him to keep cool
whatever the verdict.
Don't show any temper Harry"
he said; this is not the time for that.
The injunction had the desired effect.
Hayward Strengthened out the sleeves
of his well-ftting coat, sat down,
crossed his legs, and faced the jury.
He was breathing so heavy that every
breath was almost a gasp.
He sat there amid the solemn silence
of the big room, scanning the faces OF
his twelve countrymen, one by one, as
if to learn in advance whether any ray
of hope lurked behind their impassiye-
ness. Tie jurymen looked stern and
sad. The story they had to tell could
be read in their faces, and Hayward
knew his fate before word was
spoken. No spectators were admitted.
The only persons present wnen the
verdict was handed in We're police OF
fcers. sheriff, deputies and the re
porters, beside the judge and clerks.
Outside bowling. anxious mob await
ed--the nCwS, and awaited IL win
ghoutish impatience.
When Judge Smith arrived, he is
sued strict orders to admit no one, and
the Injunction was religiously observ-
ed. Kober, the deputy clerk, asked in
a tremulous voice whether the jury had
agreed upon a verdict, and Neil Nc
Neil. the foreman, stood up. His face
was CHASTITY in its color, and there was
not a man on the jury unaffected by
the intense gravity of the situation.
I'VE have agreed" said Mcneil, in a
voice that was scarcely audible, and
the folded piece Of paper that meant
life or death to the accused was handed
10 the clerk. Judge Smith looked over
The document first and returned 1T 10
the deputy clerk, kober.
we, the jury, find the prisoner
guilty" he read.
Every eye was turned towards the
condemned man. There was nothing
in his face to indicate that he had
heard word of it, He threw his head
back as the word guilty" was pro-
nounced, but is was only to adjust his
collar band. He did not change color
by a single shade. Twice he coughed
that strange, hard metallic cough
that has been heard so often in the
last few weeks. Then looking around
at the crowd he raised his eyebrows
inquiringly as though to ask, What
neXt?"
During the polling of the jury he
listened with evident interest to the
answers though what they might be
cOulu SlSUlly nOILil5 " AAiiA' Az
expression in his face was one of in
dignation rather than any other senti-
ment. Judge Smith then voiced his
thanks to the jury for their labors in
connection with the case. When the
court announced that sentence would
be deferred until Monday morning,
HAYWARD was evidently pleased. He
expressed the opinion while being re-
moved from the court room that the
verdict was an outrage and that he
was a long ways from hanging yet.
At 245 Hayward was taken down
stairs and led back to Jail under
strong police guard. An immense
crowd awited the prisoners coming.
He grinned at the mob as it pushed
forward over the pavement towards
him and it is doubtful whether Harry
HAYWARD would have regretted an op-
rortunity to mix matters with some of
the noisiest. He was taken across the
street on a dog trot with the yelling
multitude at his heels.