The times. [volume] (Richmond, Va.) 1890-1903, 1895-03-09

| rendered NerdlcI Oh SulIty tHlS utter
noon. The jury retired at 1850 o'clock
this morning. After eating dinner the
Jurors took one ballot and found Hayward
guilty of murder in the first degree. At
21O it reported an agreement, and at
2:3O the verdict was rendered.
When Hayward appeared. he was fault
| 1essly dressed as usual, and apparently as
| cool as ever, but he was somewhat out
! OF humor. for he threw his hat down
on the attorneys table with force enough
TO split it. His attorneys cautioned him
not TO exhibit any temper, and he sub
sided
THE PRISONER APPARENTLY UNMoyED.
| When the verdict was presented every
eye was turned TO Hayward, as the clerk
started 10 read the paper There was
nothing in his face to indicate that he
had heard a word of it. He threw his
head back as the word guilty" was
| pronounced, but ii was only to adjust his
| collar band He did not change color in
| the slightest Then. looking around at
| the crowd, he raised his eyebrows, in
quiringly. During the polling of the
| jury he listened to the answers, but the
expression on his face was one OF in
dignation, rather than any other senti-
ment.
In obedience to the instructions of
County Attorney Nye, who was absent,
owing TO sickness. A. H. Hail. Assistant
Attorney, moved for an immediate SEN
tence. but the Court decided not to pro-
nounce sentence until Monday. Hayward
was then taken back 10 jail under a
stronger guard OF officers.
He grinned at the mob. and seemed 10
be interested in its noisy demonstration
''NOT WIT SAN UAywApD
Goodbye, Harry, old boy, you're n
dead duck" yelled one of the crowd as
Hayward was being escorted back to
Jail.
"Not yet" answered Hayward. I'm a firm
voice.
The jury was averse to talking at all
about anything, but IT was ultimat tely
learned from one Of the members that a
vote was not taken until about half
hour after dinner, and that only one was
necessary.
w. w. Hay ward learred the news of his
sons conviction from an extra paper.
purchased from a newsboy DR.. Il. Il.
Hayward. a brother of Harry, spoke as
follows about he verdict: IL have told
my father all along that nothing but a
verdict Of guilty could be expected frcm
the line of defence which has been Dur-
sued. But the old man don't believe now
that Harry ever did the thing [ fought
against the adoption of this line of de-
fence all along. Harry's condition OF
mind was not right on moral questions
Call it INSANITY If you will, his mind was
disorde-ed 1n as siibie lie could nor
distinguish between right and wrong.
Father would not admit that his son
could do such a thing, even if he was in
sane and, therefore, he insisted on this
line of defence"
Monday April 18th, has been set as the
date Of the trial Of Claus Blixt. 1t is
learned from good authority that Judge
Pond VIII hear the case. I'm accordance
with an agreement between the judges.
JUDGE SMITHS CHARGE.
Scarcely a moment had elapsed after
the close Of Mr.. Erwins address this
morning when Judge Smith, by a slight
rustic of the manuscript before him,
ANNOUNCED that he was about to open his
charge.
Through long lines of legal phraseology
he read the definition Of what cOnsti-
tutes a charge OF murder in the first
degree until he had reached the summary
or his opinions concerning the evidence.
The effort of the defence TO establish the
theory that she was killed by blows
rather than by Il pistol shot, the court
took to be simply an effort to discredit
the testimony Of Blixt and as TO the
value Of that effort 1t was for the Jury
to decide The first thing which they
would be called upon 10 consider when |
they entered their room. the court stated, |
was the evidence that Bixt was the man
who directly committed the murder of |
Miss Cling. II they could not agree upon |
this primary point, said the court. they
need not consider the case further but |
return a verdict of not guilty. But IL |
they agreed upon this point that BIKE |
did commit the murder then they were |
TO pass on the second question, did Harry |
Hayward instigate, induce and secure |
BliXt TO commit the crime? If they found !
that he did then they were to bring in |
a verdict of guilty as charged.
His Honor gave the usual explanation |
OF what constituted "A reasonable doubt.
and set forth clearly and impartially the
various alternatives 10 which the belief
or discrediting of the testimony would
enttle them. and not until he came to
the question Of motive was the mOnoto-
ny Of the charge broken
TIE QUESTION or MOTIVE
'lf, said he. you find from the cvi-
dence that the prisoner had sufficient
motive that would induce him to com
nit the crime you are TO take that
INTO serious consideration in connection
With the other testimony. II will be
one OF the important factors in the de-
;ision of your verdict.
1T was presumed" the Court said,
that the loans were valid, and It was
Incumbent upon the State 10 prove that |
hey were not 50. In doing this how |
ever, il is not necessary that the jury
accept only direct testimony; IT could
take into consideration circumstantial
evidence and legal proofs"
Reviewing the salient arguments Of
both the prosecution and the defence
It'll further. Judge Smith said that I'm
irawing conclusions from this evidence
hey could not take into consideration
heir own experience and observations or
he attitude and conduct of the witnesses
Ipon the stand.
'The evidence OF an accOmplice should |
)e carefully taken, and it's reliability and
closely examined as well as
my hopes or promises of remuneration |
ield out 10 the other witnesses
when the verbal testimony Of the de-
endant Is in evidence the whole must be |
AIKEN together by you and carefully con-
idered. This case. although charge of |
murder I'm the first degree, Is to be re-
eived and treated by you the same as |
my other case. however slight the law |
xes the punishment.
You ara not TO take into consideration
re opinions, statements Jr theories OF
my OF the attorneys in this case, unless
ounded upon evidence.
ssXou will TnW take the "a ia and ranIer /