The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1895-11-27
HAYWARD MUST. HANG.
The Supreme Court Refuses TO
Grant Him New Trial
When Informed of the Decision Hayward
Said 1t Was What He Expected-He
Must Now Pay Full Penalty
for His Crime.

clerk of the supreme court, the lengthy
document bearing the signature of
Judge Thomas Canty.
The action of the lower court is af-
6rmed in every particular, and there is
no appeal from this decision. There are
ten days in which to ask for rehear-
ing, which will most certainly be de.
MED. and it is practically assured that
upon Dee. 6, or at the latest. Friday,
Dec. Is. Hayward viii hang.
Upon the insanity point, upon which
the attorneys for Hayward hung their
faith, the court decided as follows:
After a witness for the state had testified at
considerable length and was 10 all appearances
perfectly sane and rational, the defense object
ed TO his competency on the ground thai he was
insane, but made no offer 10 prove that he was
Held, under all the circumstances il was not
error for the Judge 10 assert that he did not see
that the witness was al that time any more in
sane than the attorney was
When insanity of a permanent type is once
shown ii is presumed 10 continue until il ap-
pears that the person has again become sane.
But this presumption only applies to hablfual
insanity which has continued 50 long as 10 raise
presumption that il is permanent Tempo
rary insanity or temporary delusion or aberra-
ton are not presumed TO continue, and evidence
Of the same standing alone IS not evidence that
the person is insane at later period
Evidence Of insanity of persons ancestors
ana relatives Is not alone competent or SUM-
Gent 10 prove that he Is insane, and such evil
dence can only be used TO corrobora1e further
evidence of his insanity.
Whether when insanity is direct issue in the
case evidence Of prior temporary delusion or
mental alteration, and evidence of insanity of
ancestors and relatives is together sufficient
without more 10 go TO the Jury ae evidence of
the person s insanity al a later period Query
But held such evidence without more is not
sufficient 10 go 10 the jury when insanity is
merely a collateral issue as where an attempt
Is made 10 impeaeh the competency or credi-
oilify Of a witness by proving that ne is insane
Distinction between insanity as direct issue
and as collateral issue noted.
When an attempt is thus made TO impeach
tbs credinility Of witness the court may in its
discretion refuse 10 receive evidence Of the in
sanity Of his ancestors and evidence Of his prior
temporary delusion and alteration until some
other evidence is first given Of his insanity at
time OF the transaction testified TO al The time
of the trial Order affirmed
Attorney Frank Nye felt vincicated
as he stood at the telephone and lis
tened to the words which came to him
over the phone, to the effect that the
Hayward decision had been affirmed.
The message came through the sheriff
Office, which had been informed through
the Office of the attorney general In st.
Paul. As soon as he had been told,
Nye Immediately called up the attor-
ney generals Office and the report was
verified He Immediately went to the
sheriff's Office. where he found Phil
MeGaarden- The sheriff left for Omaha
last night. and as soon as Phil had
dropped him message regarding the
decision. he put on his coat and hat and
started with Deputy Sheriff Agate An
derson for the Jail. to take the news to
Hayward, who as yet had not been in
formed of the result
When the Jail was reached, Tailor
West and Turnkey Sandberg were
taken to one side and held a hurried
consultation IN the old Barrett room.
We'll have to change his quarters"
said Megaarden. Anderson. as soon
as he is taken out of his cell ] want
you to go in and make an examination.
Take ali the time you want and make
1t thorough Don't miss a place and
probe everything"
''All right" said he to Phil after their
talk, ''let me go now" And with that
he disappeared inside the jail
Proceeding Immediately to Harry's
cell, the jailer said: well. Harry. it's
gone against you. The supreme court
has refused you a new trial"
Harry turned several shades paler as
he rose to receive his death message.
well" said he slowly, 1--we been ex-
pecting it,
That was all his comment There
are some men down stairs who want to
see you." said West and with that
Harry started down the steps from the
bath room. There he found Deputy
Anderson waiting him with clean and
new underwear. clean blue and white
striped shirt very different from the
Immaculate shirts he was won't to
wear. His old clothes were quickly
taken off. Harry asking those IN the
bath room to vacate while he made the
change. The water for his bath was
not hot. and while II was heating Dr.
Weston. city physician, waited to make
the final examination after his bath
should be taken. In the meantime ex-
Turnkey Wheeler went through the
new cell in the same tier on the second
door that he is TO occupy till the execu-
lion.
The governor has left the date of the
execution in the hands of Frank Nye,
and Dec is announced as the time
In searching Hayward's cell. Deputy
Agate Anderson and his assistants
found the missing $500 bill. which
Harry had accused Mike Kierce of APP
for his own uses. and in
addition $500 which was not accounted
Tor. This makes in all So, $50 which the
af6cerx hara fa1,ud On Harrr-s narSor