The pioneer press. (Miller, Hand County, S.D.) 1893-190?, 1895-03-14

WIS po~~t~>th VI liIttlllS uStllSl llp
accused. that also might be taken
into consideration. If the Jury found
that any witness had given testimony
on a promise Of immunity from punish
ment. that also must be carefully
weighed. This case was to be tried
on the same PRINCIPLES precisely as any
criminal case. no M 'tcr how Sr.',' -
Importance. The jury had nothing to
do with the punishment inflicted. No
attention was to be paid to the utter
ances OF attorneys on either side, eX-
ccpt as based on the testimony. but
when the evidence was placed in the
jury's hands ii was the duty of the
jury to decide. after weighing IL care
fully, whether it was sufficient TO sus-
tain the charge against the defendant.
Guilty as Charged.
The charge was perfectly satisfac-
tory to both sides and no exceptions
We're noted. 1t was generally conceded
to be fair and impartial.
The ruling passion in Harry Hay
ward was strong in the presence Of
death. He placed a 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 until noon. and then. as no word
came from the jury room, went home
TO dinner. The court was adjourned.
At , O'Clock the jury reported that
they hal AIRED upOn a verdict ana
the judge was sent for. He ordered
that Hayward be brought in. When
the prisoner arrived he was the coolest
man in the court room. 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 impasSiveness. The
jurymen looked stern and sad. The
story they had to tell could be read in
their faces and Hayward knew his
fate before a word was spoken. No
spectators were admitted. The only
persons present when the verdict was
handed in were police officers. Sheriff's
deputies and reporters, besides the
Judge and clerks, Outside q bowling
anxious mob awaited the news, and
awaited it with ghOulish Impotence.
When Judge Smith arrived he issued
strict orders TO admit no one. and the
injunction was religiouSly observed.
KObler. the deputy clerk, asked in a
tremulOuS voice whether the jury had
d-itfu uI'Dl Il NtIttltl. anu .>tll MI
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.
Undertakes dark eyes shOne like
Sloes from his ashen visage. and even
the farmer members were visibly hor-
rified with the stern duty devolving
upon them.
1--WE 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 hand
ed to the clerk. Judge Smith looked
over the document first and returned
1t to Deputy Clerk Kobler.
Didn't Phase Him.
"We, the jury, find the prisoner
guilty he read. Every eye was
turned toward the condemned man.
There was nothing in his face to indi-
cate that he had heard a word of it.
He threw his head back as the word
guilty" was pronounced. 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 ne
listened with evident interest to the
answers. though what. they might be
could signify nothing to him. The ex-
preston in his face was one OF in
dicnation rather than any other senti-
ment. Judge Smith then voted his
thanks to the jury for their labors In
connection with the case. \ At the re-
quest of the defense a stay was grant
ed until ext week.
At 2:45 Hayward was taken down
stairs and led back to Jail under a
strong police guard.
In the belief that trouble might oc-
cur If the verdict eXonerated HAYWARD.
a force of determined officers had beer
detailed to duty in the court room and
vicinity. An immense crowd awaited
the prisoners coming. He grinned at
the mob as 1t pushed forward over the
pavement toward him. and it is doubt
full whether Harry Hayward would
have regretted an opportunity 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.
"NOt Yet" Says Harry.
Good by. Harry, old boy cried one
man at the top of his voice. You're
a dead duck"
Not yet said Harry loud enough to
be heard in a radius of twenty feet.
Not quite a dead duck yet"
According TO the statutes Of the state
only n fate can await Harry Hay
ward-a sentence to be hanged by the
neck until dead. and that sentence to
be pronounced by the lips of the Judge
before whom he was tried. Neither
the jury nor the judge could alter the
sentence no matter how strongly in
clined they might be toward leniency.
For murder in the first degree the law