The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-19

Provo, Dec. 1S-Promptly at 10
O'Clock this morning, the hour for pass
ing sentence on Harry Hayes. the
court room was crowded with sDecta-
tors eager to see and hear everything
said and done
Before the matter of resentence was
taken up. Judge Hatch heard a motion
on a civil case. and at the hour of
1890 Clerk Jones arose ana called out,
Harry Hayes. who replied. Here. >"
and walked " to the clerks desk, fac
ing the judge.
Judge O. ". Powers arose and ad
dressed The court in behalf of the pris-
oner- Judge Powers said, in part:
EXPECTED EVIDENCE.
Il ask permission of the court to
make a few suggestions. 1 WAS not
counsel in the case when it was tried,
and now car not advance any legal
reasons why sentence should not be
passed. \ conviction was had on
purely circumstaDtial evidence. No
human eye saw the crime committed.
In my practice at the bar, ] have
never reviewed a case which was pre-
scented IL i more logical manner than
in the prosecution could have made
the same sh0winS against any one of
three other persons WHORE il is not
necessary for me TO name here. Within
the last three or four days 1 have come
in Possession Of considerable iuforma-
ton which, when properly presented.
viii affect this case very materially.
/ have three affidavits-one will not
present to the court-but it is to the
effect that the person making It was
offered money % testify against Mr..
Ha-es.'
The other two were read TO the court.
WHAT BECK KNOWS.
George Beck Of Lehi made affidavit
that in conversation with George Glenn
mons, about three weeks ago. Glenn
mons said he heard David Hitesman
say that be would help to convict
Henry Hayes II he had to go into
court and swear to q lie.
SHE DIDN'T WEEP.
Mrs. Sarah Arrowsmith swore that
she had a conversation with John
Parks, one of the jurors who convicted
Hayes. and that Parks said had Caro-
line Hayes. wife OF Harry Hayes, and
who was present at the trial. broken
down and went at the remarks made
by tbs states attorney While address
ing the jur-r. they would not have
found HAYES guilty; that il was her
conduct that LED them TO believe Harry
Hayes guilt OF the crime he was
charged with.
AS LATE AS POSSIBLE.
Judge Powers asked the court to set
the dare for the execution at as late a
day as possible, SO as TO give them
time to get the matter before the
board He said that Judge Zane.
member of the board, would leave the
state soon and would be away some
time.
Judge Hatch said TO HAYES: .HaSe
you any legal reason to give why the
judgment of the court should not now
be passed p
Hayes answered in clear voice,
which could be heard all over The
room: No. sir; only that l am inno-
cent OF the crime charged.
The court remarked that that was
good reason. but the jury had found
him guilty and though the duty was
a painful one. he must pass judgment.
He then read the first sentence TO
Eayes, that h. be hanged on the 18th
day of June 1896. From said Judgment
and sentence he said, you appealed
10 the supreme court, where the judg-
ment of this court was confirmed and
q remittaitar TO that effect was handed
sown which was read to YOU. The
Judgment of the court now is that you
be taken by the sheriff of this county
tc some quiet place in Utah county
on the 22nd day of January. 1887, and
there be harged by the neck until you
are dead. That is all; you may sit
down"
As soon as the noise made by the
people moving towards the door could
be quieted. Judge Hatch told Crier
Wilkins to adjourn court till O'Clock.
TO THE REPORTERS.
The reporters gathered around Hayes
to hear what he and his wife had 10
say, and TO ask him questions. Hayes.
as has been the case all along. pro-
tests his innocence, but realizes that his
last hope lies in petition 10 the
pardoning board for communication of
sentence to life Imprisonment: but TO
this Hayes objects. He says, and has
said all the time, that he would rather
be hanged than be imprisoned for life;
that he could not stand the confne-
uent much longer, and death might
Just as well come first as last; that he
would rather be hanged than TO be in
suspense
THAT ALLEGED CONFESSION.
The condemned man seems TO have
a great deal of confidence that some
thing viii come of the alleged confess
sion spoken of in The Herald OF the
nth The affidavit spoken of by Judge
Powers that a certain individual had
sworn 10 the effect that he had been
offered money TO testify against Hayes, !
IS something new. and the prosecution !
knows nothing of it,
Hayes vas not so pale today as when |
he MAS Before the court on Monday. |
He talked in the same strain as on l
previous occasions. saying nothing, 1
however. unless he was spoken to. The /
crowd which was in the court room |
fled out and stood in knots and |
groups in the-hallways and near the |
walk leeding to the jail in order TO get /