The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-17

TO have a cigar, which was declined. 8
Mrs. Honora Kelly of Eureka set out
that on Feb. 16 she sent her little girl,
Josie, to Mrs. Hayes establishment at
Eureka for dress: that this was after
dark and that Harry Hayes accom-
panied the girl back to atlantis house.
carrying the dress himself.
Harry Rich, a merchant of this city,
swears that Feb. IS he borrowed a pair
of leggings from Harry Hayes to use
at a masquerade ball in Eureka on the
18th; that Feb. 16 Harry Hayes came
to the store of Rich & Sons and the
deponent remembers distinctly that it
was on the morning of that day he
returned in person the leggings to Mr..
Hayes.
Mrs. NJ. ]. Yates of Provo in an affi-
davit sets out that she was in Eureka
Feb. Is and at Mrs. Hayes ablish-
ment, when the latter received a tele-
gram from Lehi stating that her son
Albert Enstrom had been found dead;
that said Mrs. Hayes exclaimed "They
have killed my boy that Mrs. Hayes
did not say Hayes had killed her boy,
as sworn to by Bill Teyrell before the
court at Provo during the trial. Mrs.
Yates further deposes and says that
about II o'clock on the evening of
Feb. Is she met Teyrell at Mrs. Hayes
place and said to him, Hello, where
have you been hiding all the evening""
Teyrell responded, Il have am keeping
hid out of the way of the officers Mrs.
Yates then asked Teyrell. What are
you keeping out of the way of the Off
GERS for?" Teyrell replied: Did you
not hear about a woman hitting me
with board? This woman accused me
of slandering her, and now she is going
TO have me arrested. This is why / am
keeping out of the way of the officers"
Mrs Yates further states that during
the trial at Provo, Bill Teyrell said to
her he would not leave anything undone
TO help convict Hayes. The affidavit fur
ther sets out that on April u. 1895, while
Mrs Yates was at Mrs. Hayes house,
when one Delos Lombard came in. Mrs
Hayes said to Lombard: ''Deyse killed my
bov:' CMrs. Hays talks broken Scandi-
naVlan and pronounces they" as ''day'O;
that t.15 Mrs; ;,,y Hays did not say to Lombard;
swore to in the court at Provo.
A VOICE FROM PROVO.
". H. Wilson of Provo sets out in his
afhdaVit that he saw Harry Hayes at
Eureka about > o'clock, and shortly after
on the afternoon of Feb. 16, and again
Feb- Il. in the morning before church
John Morley, the Eureka merchant.
swears that Hayes was at his store and
made purchases on the Bird, 4th. 10th, 18th,
18th. 24th and 9th of February.
Caroline Peterson and Anna Peterson.
two girls who We're visiting at William
Teyrells house at Benjamin. Utah swear
that on Dec 26 1885, While talking about
the application for pardon for Harry
Hayes, said Teyrell said in their presence,
Guilty or not guilty, we will hang the
$ OF b; we will string him up.
A large number of other affidavitS were
presented. setting out threats made by
August Slade against Hayes and the muir
dered boys. Celia Teyrell. d sister of Mrs. 4
Hayes, made a very interesting affidavit.
relating great deal of conversation
which had taken place between her and
various parties acquainted with the mur-
dered boys and circumstances in the case.
Mrs. Anna Peterson sets out that after
Albert Enstrom was found dead she told
the officers what kind of clothes he wore.
Mrs. Rasmussen, who heard about il.
sad TO affiant: You have. told the Off
ce-s too much; you have bothered your
head too much about this" on another
occasion Mrs. Rasmussen said the mur-
de~ed boys were safe in Arizona.
James ). Allen, a l4-year-old son of
Mrs. Celia Teyrell of Benjamin, sets out
that he was at Hayes RANCH in the sum-
mer of 1885, when August Siade came in
and said TO Gearge HaySsi If you don't
get out of here you Will have something
after you, SO you had better look out"
Ms. Kama Peterson stated in her affi-
DAFT that Feb. H. Gus Slade came to
spoke TO Gus and said: You always
brir- the whole crowd with you; you
never come alone" Then Slade answered:
The next time we come, We will bring
ou1 : uilS
In summing up the case, Judge Powers
made a final appeal in behalf of his
client, dwelling upon the evidence brought
out by the afIidavits.
This concluded the hearing. and the
board, after listening to- petitions for
Dardons in behalf of several other apph
cants, went into executive fession-
DECIDED TO COMMUTE.
After 4 brief deliberatiOn, it was de-
cided to commute the sentence, for the
reason of = strong probability appearing
that Hayes was not guilty alone, and that
by committing the sentence he might be |
OF assistance in bringing others TO justice
OTHER APPLICANTS FOR CLEM-
ENCY.
Among the other applicants for exec
utiTe- ciemency was Frank p. Mcdonald. !
the ex-police officer who was convicted |
for assault with a deadly weapon upon |
Erc;l SackerSon in November, 1885, who |
applied for pardon. Mcdonald was sent |
up for four months and has How served |
about two months. Judge Dickson and /
Straup appeared in behalf of |
Mcdonald The application was denied. /
Brigham Spencer, convicted in the Sixth |
district court before Judge Mccarthy for |
grand larceny and sentenced to one !
years Imprisonment. wanted to be par |
doned but the board thought his peti- |
ton was not sufficient and refused to
grant the request.
-'he only man who was pardoned was |
willard Atkins. serving a term in the |
city Jail for indecent exposure.
John c. Williams, burglar: George !
Hartley assault with intent to commit |
rape and Josiah Simms, burglary, made !
up the list of applicants for mercy, all |
of which were refused.