The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-09-26
DID UTAH JUSTICE ERR
A MAN SENTENCED TO DEATH WIG,
NAY RE INNOCENT

=" ~ ANAN'A F'S ="
Committcd-The Man Now suspected Undei
Arrest for Another Murder In Colorado
Provo, Utah, Sept. 21.-Harry Hayes wa
sentenced to be hanged n year ago for n triplt
murder. The death sentence was committed
and he lis now serving n life term in the Uta1
State prison at Salt Lake City. Now fact
have been discovered which indicate that he
may DO innocent.
The victims of the murder were Albert Ern.
strom, also known as Hayes; Andrew Johnson
and Alfred Nielsen, and they lived on n ranch
on the west shore of Utah Lake belonging II
Harry Haycs's wife, the mother of Albert. Me-
and Mrs. Hayes lived about thirty miles fur
Their south in tho mining town of Eureka
When the young men disappeared, in February
1895. Harry Hayes said that they had gone Il
Arizona and taken n wagon and u lot of tool
and household effe Is with them. On April II
a shepherd found Albcrt's body, which had
boon washed ashore on tho lake. Search wa,
made, and the bodies of johnson and Nielsen
were found. Bullet holes indicated that they
had been shot and then thrown into the lake.
Harry Hayes was SUSPECTED from the frse
Many acts and sayings were brought up against
him which were taken to show that he had com
mitted the murders, especially as there wa
no one else whom the officers could connect
with the case. He was indicted and pu' on
trial in March, 1896. The evidence against
MIN consisted IN part OF tDe ldCtS tnhU nc mao
used threatening language toward the boys
that he had said they had gone to Arizona on
q prospecting trip before the bodies were found,
and that while the search for the bodies waa
going on he had carried a rifle around with
him and had intcrfercd with the searchern.
Some wood haulers testified to having seen him
at the ranch about the time the murders were
committed, although no denied having boon
there. Then luck went against him Mt the trial.
When one OF his attorneys began to make the
argument to the jury he fell to the floor in q
swoon and did not recover sufficiently TO scon.
time. The other attorney did remarkably well
considering that he had not prepared himself
to do all the talking, but even his eloquence
was turned to the disadvantage Of the defend.
ant in one respect, Mrs. Hayes had given
favorable testimony for her husband, and in
commenting on this fact the attorney drew q
picture Of the spirit Of her murdered son how.
cring over her as she sat in the witness chair,
and asked il 1t would be possible for her to
testify falsely to shield the murderer OF her son
under such conditions. Mrs. Hayes Is rather q
stolid woman. and besides. does not understand
English very well, and the word painting
failed to impress her sufficiently to draw tears.
Her indifference was made much of by the at
torney for the prosecution. who closed the case,
and her lack Of appreciation OF the oratory was,
justly or otherwise. pointed out as evidence
that she had no feeling for her dead son. and
would not hesitate 10 tell any kind Of story to
clear her husband. Hayes was convicted and
sentenced to he hanged. When asked IL he
had anything to say why sentence should not be
imposed upon him, he replied:
Il have not. your Honor. II have to die for
those boys, all well and good, but ! am MS limo
cent of their murder as any man in the ooni."
u case was appeaie" 10 'he supreme Court
of the State. and the lower court was sustained,
bpf in January I 9p- thn State Inard NJ pnH
dons oomnu,od uoros.s sontoroo to in,m,;aon.
ment for life. on the ground that there were un.
doubtedly others associated with him in the
crime; and that their discovery and p~unishmens
HAYES alive than dead, HAYES professed to ba
;..sa.a.. IT -. -
, ,ha,n err TO- ,he clelne sI sno"h MN, saying
for life. and that the Judges of the suprema
,rihnnoi ~ Tho Sta,o no,Id ho . .rnn.ss1nI
tribunal mnaato OF s, ane s'a ,n,u woa'a De more s at,nsa
A short time before his sentence was com.
muted he was taken before the supreme Cour,
writ was denied. the trip may prove a very
Lucky one for Hayes. On the hrst OF ms yea.
George A storrs, who was elected sheriff OF
o,ti,i,, dn,ie. ,mons which ,As was ''S 80 he ,hs
bn ,, = ~ ian "n0' IL nv" Htarr "1 fo,, .rpiosire
10 know whether he would assist in deriving
a pu,lty or an innocent man Of lfe and re.
manned with Hayes in the Salt Lake county
Jail one night at the time he took tho prisoner
out to appear in the halcas corpus proceed
;nrs. Whether HAYES was more pla usible than
usual, or whether Stnrrs was the first man he
had ever talked to who was unpreiudiced. 10
uncertain, but he succeeded in convincing tho
sheriff OF his Innocence. Storrs obtained from
him a list OF the articles taken from the ranch
house al the time the hoys dtSappeared. The
articles included almost everything ordinarily
found in a ranch house. from a wagon TO m
old quilt. and as they had been taken away
about two years before, their identification was
no easy matter, but Sheriff Srorrs set to work
and found most of Them scattered through Etah
county among farmers and ranchcrs over a re-
gion about ten by twenty five miles in area.
They we're all traced to a man named James
G.. Weeks. who had left the country in the
summer OF 1895.
Weeks lived with his wife and child in Maple
ton. Utah county, about eighteen miles from
Hayes's ranch. for several months in 1894 and
1895. He rented n house and represented
himself as n ranchman from Kansas. He was
n man OF education ard address. and ii sur
priscd many people that he should prefer