Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1896-05-02
HAYES GETS HIS SENTENCE
He is to be Hanged July Ninth
Next.
That is, Unless the Supreme Court
Reverses the Decision of the Low
err Court-He DiscIaims All Know.
ledge OF the Deed, and is Appar.
eatIy UncOncerned as to His Fate.

eHtly UncOncerned as 10 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, ]. w. N. Whitecotton,
stated the grounds upon which he ex.
pected reversal, as follows:
First-Errors Of law occurring during
the trial, to which exceptions we're
ta&en.
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.
meHtcl clauses from to s.
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 1t 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 10
prove beyond 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 guilty' The jury
were justified in so finding that the
defendants actions were suspicious
that he had some reason for carrying a
gun When 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.
"As 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 tc
the jury"
The judge cited the Theide case anc
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 a bill of ex
ceptions and statement on appeal anc
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
The defense preferred TO have judgmen
r deferred, but Attorney Thurman mad,
the point that it was the rule to pas
sentence.
Hayes was ordered to come forwar,
and stand up, and without tremor 0
any evidence of fear or excitement, h
faced the Judge who said:
"Harry Hayes-You we're indicted 0
December 4, 1895, by the grand jury c
the First district court of the territory Z
Utah for the crime of murder, to wi
the killing of Albert Ernstrom, ALA
, Hayes, on the 10th day of Februar,
1855.
!, "To this indictment you entered
. plea of not guilty, and was tried by tn
i, court before jury of your peers an
;, found guilty. Have you anything to sa
why the judgment of the court shoul
not be pronounced"
. Hayes have.
Judge McCarty-What is it,
Hayes--I am not guilty Of the dee
committed.
: Judge McCarty--The statute gives yC
your choice as to the manner of death
y either hanging by the neck until you a
n dead or by being shot, Which do W
y choose2
y Hayes have no choice. If ha,
n 10 lose my life for those boys, well ar
n good.
Judge Mccarty-The judgment of Il
court is, that you be taken by the sher
!, OF this county to some quiet and co
J. venient place in this county on the 9
lie day OF July, 1896, and there be hung
the neck until you are dead. That is a
The prisoner walked to his seat al
reached for his hat just as If he had ju
finished a meal and going outside.