The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-31
APPEARANCE IN COURT
ENTERED PLEA OF NOT GUILTY
YESTERDAY.
Was Very Restless Friday Night and
Seemed to Imagine That Plot to
Kill Him Had Been Concocted-
Cries For Help Attracted Atten-
ton and BE Was Placed In Cell
(specIal Correspondence.l

l
becoming mental wreck. When he
was arrested he seemed stolidly indif-
ferent to the fact of mis- being charged
with SO serious a crime. He very
rarely spoke of the murder and Their
referred to it as something in which he
was but little interested. AS he was
being brought to Utah he expressed a
fear that he might not get justice from
Utah court, and this fear has seemed
to prey upon his mind until he has con-
WINGED himself that the sheriff is at the
bottom of a conspiracy to kill him.
.Hayworth's first night in jail was Z
bad one. AS darkness came on he be-
gan to get nervous, and before O'Clock
he was in a state of perturbation that
berdered on insanity. There were two
| other prisoners in the Jail, and the
three were in the cage together. Hay
worth's Authorization led him to be-
lieve that he had been confined with
the other prisoners that they might
murder him. His pent-up nervousness
broke out in hideous screams, but as no
one was within hearing the fellow Sc
cured broomstick, reached through
the grating and broke a glass window.
Cries Attract Attention.
Then his cries for help fioated out on
the frosty air and attracted attention.
When Sheriff Abbott arrived and en-
tered the jail he found Hayworth
crouched down in a heap in the corner
of his cell, quaking with fear and ex-
element. The prisoner begged not to
be left aione; he wanted a guard at the
Jail AND cell to himself, or else he
wanted to be taken to another Jail. He
was finally quoted and put in a cell
alone.
This morning he appeared pale and
haggard, and gave evidences of hav-
ing suffered intensely. When he was
brought into the court house, where a
large crowd had gathered, he again
begged for protection. AS he sat in
the court room before the proceedings
began he eyed sharply every new face
that appeared, and his fingers nervous
ly raped the arm of his chair.
He seemed more calm after the court
proceedings began. and his bearing
then was more like one who keenly felt
the position and who had a settled de-
termination to fight every inch of
ground.
But the fear of treachery still chung
to him, as was shown by his unreason-
able insult TO Attorney Joseph Lipp-
man, when that gentleman kindly prof
fered advice in behalf of the accused,
and again when he demanded that he
be sworn before entering his plea
Court Room Crowded.
The arraignment proceedings began
at 11:10. and the court room was crowd
ed. Hayworth sat near the desk of
City Justice Richards, with the sheriff
by his side. When the justice called
upon the prisoner to stand up while the
complaint was read he arose without
saying word and remained standing
during the proceedings, with his hands
crossed before him. He seldom lifted
his eyes. and then only to cast a fur
tive, half-defiant, glance around the
room.
The complaint, which is sworn to by
E. P. Ellison, and dated Dec. Is. 1899,
charges that Nick Hayworth, L. U.
Reavis and James Stephens unlawfully
entered the Farmers Union store at
Layton on the night of March IS, 1899.
and then ana there shot and killed
Thomas Sandal. thereby committing
the crime of murder.
The prisoner was asked if his true
name was Nick Hayworth, and an
swered in the affirmative. He was then
asked by Justice Richards if he was
ready to enter his plea, but before he
could answer Attorney Joseph Lipp-
man interposed and said:
IF your honor please, desire to
make statement before the defendant
pleads to that complaint, so that none
of his rights may be waived or jeop-
ardized. He has no counsel here pres
ent. Last night some friends of the
defendant came to Judge Powers and
employed our firm to defend Mr.. Hay
worth.
II came up this morning to look af-
ter his interests. but he declines to
have us appear for him. 1 speak now
not as his attorney. but simply to ad-
wise him that he is not compelled to
question as to your honor's jurisdiction
in this case which his attorney may
wish to bring forward before a plea
is entered
The prisoner eyed Mr.. Lippman for
a moment and then sullenly broke out
with: II didn't ask Mr.. Lippman's adj
vice as to my course. 1 am ready to
plead now. and want to enter my plea"
You may have time to consult an at
torney first. If you desire said the
justice.
Insisted On Pleading.
'1 want to plead now reiterated
almost angrily. "I want to
be put under oath. too"
THAT is not necessary" said County
Streepcr.
plead not guilty" said the prisoner,
slowly and with emphasis. II want
time before the hearing to consult an
attorney and get money from the east"
Then followed a consultation as to
the time of the preliminary hearing.
which wasi finally set for Saturday,
Jan. 6, at 10 a. m.
Hayworth seemed relieved as he left
the court room and went back to his
CELL He is hopeful of receiving a reply
from the telegram he sent to his father,
j. r. Hayworth of Fort Dodge, Ia, but
as yet none has been received. 1t is
from his father and brother that he ex-
poets aid to come, and it is thought he
will not engage an attorney until his
relatives arrive,
Attorney Lippn,an said this after
noon that the man who eviDced inter
est enough in Hayworth to employ
for him was John w. Att. Thi1
man, according to Sheriff Abbott. is
known widely in the west as White
head" Att. He is horse trader and
has known Hayworth for some time.
The sheriff says a vigorous prosecu-
ton will be made, but every right of
the accused man will be protected.
There is no fear of harm coming to
rim. and he will be given fair treat:
ment.
The prisoner Will say nothing as to
what defense he will offer.
The Case Against Hayworth.
E. p Ellison of Layton was in Og-
den today. Mr. Ellison is pleased over
the arrest of Hayworth and feels con-
fident the man will be convicted of the
murder of Sandal. From the very
outset Ellison has been untiring in his
attempts to run down the guilty party. |
Ellison and ex-Sheriff Belnap had a |
ong conference. Later they took A. |
7 Weber into their colnSels and the