Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1896-05-01
HAYES GETS HIS SENTENCE.
He is to be Hanged July Ninth
Next.
That is, Unless the Supreme Court
Reverses the Decision of the Low
ledge OF the Deed, and is Appar-
emily UncOneerned as to His Fate.

Provo, April 27-The arguments on
motion for a new trial in the Harry
Hayes case were taken up this morning
before Judge McCarty. Counsel for
the defendant, j. w. n Whitecotton,
stated the grounds upon which he ex.
pected a reversal, as follows;
First-Errors Of law occurring during
the trial, to which exceptions were
taHen.
Second-Errors of law in the charge
delivered by the court to the jury at the
close of the testimony.
Third-Errors of law made by the
court in refusing the requests of the
defense to charge the jury as per state
ment-clauses from to 8.
Fourth-The verdict of the jury in
this case is not supported by the evil
dence.
Fifth-The verdict is contrary to law.
In arguing the motion Attorney
Whitecotton dwelt at considerable
length on the evidence, reviewing por-
tons of it to show that the defendant
had been convicted purely on circum-
stantial evidence. 1t is necessary, said
the attorney, to prove, first, that muir
der had been committed and then to
prove beyond a reasonable doubt that
the defendant committed the murder.
The judges charge came in for share
of the grounds for objection.
Attorney Cash, Wedgewood and
Thurman represented the state and
fought the motion, arguing that there
were no errors sufficient to warrant a
new trial.
Judge Mccarthy in delivering his
opinion said;
There are three grounds upon which
exceptions are taken which are to be
passed upon by this court.
"First-Was the evidence sufficient to
justify a verdict of guilty3 The jury
were justified in so finding that the
defendants actions were suspicious
that he had some reason for carrying a
gun ', hen hunting for the bodies"
"Second-The statements of the de-
PENDANT on receiving word that the body
of Albert Hayes had been found, If not
a suspicious circumstance, was one of a
peculiar nature, strong circumstance.
The jury was justified in believing the
defendant had sinister motives in with
holding the crime from the officers.
Gas regards the charge to the jury,
it is customary to take exceptions be-
fore the jury have retired. A copy of
the charge was furnished to the attor-
neys two days before it was given to
the jury"
The judge cited the Theide case and
said there was no material difference in
the points of objection.
The motion for new trial was over
ruled.
The defense asked for forty days
time in which to prepare bill of ex-
ceptions and statement on appeal and
that transcript of the evidence be fur
nished at the expense of the state. This |
was not objected to by the prosecution,
and the order was made. Some talk |
was INDUCED in as to whether sentence |
should be passed now or after the |
supreme court had passed on the case.
The defense preferred to have judgment
deferred, but Attorney Thurman made |
the point that it was the rule to pass
sentence.
Hayes vas ordered to come forward |
and stand up, and without tremor or
any evidence of fear or excitement, he
faced the judge who said;
Harry Hayes-You were indicted on
December 4, 1895, by the grand jury of
the First district court of the territory of
Utah for the crime of murder, to wit:
the killing of Albert Ernstrom, alias
Hayes, on the 10Th day of February,
1855.
ITO this indictment you entered a
Plea of not guilty, and was tried by this
court before a jury of your peers and
ound guilty. Have you anything to say
Why the judgment of the court should
Tot be pronounced"
Hayes have.
Judge McCarty-What is it,
Hayes am not guilty of the deed
committed.
Judge McCarty-The statute gives you
our choice as to the manner of death
ither hanging by the neck until you are
lead or by being shot Which do you
hoose'
Hayes have no choice. If I have
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