Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-04-17
Pride of Japan
Gree,


she war washing for Mrs. Hayes. she
Put the date down In her dnybook. she
also saw Mr, Hayes on Sunday. Febru-
airy 18th, between and o'clock Ia the
afternoon. ut his own house. he was
sitting at the table talking to Mfr. Tyr
fcll. his brother-ln- law; Mrs Kinney
also Jaw him on February 18th at his
morning. and also at the building he
had rented to MIR. Rich. the tailor.
while scrublnR the floor for Mr.. Rich.
Mr. Hayes came IN and saw her down
on her kneca Fcrublng and said To her.
Say some rnycr a. Ne lille yo.
are kncelinr.' Mrs. Kinney rcmcm-
ncicd shat that was February 18th be-
cause Mfs. Hayes wanted her to scrub
the ioor at Rlch'H ON Saturday, the
18th. Mrs. Kinney could not do II be-
cause she had n large ironing to do on
that day.
BERNARD Rich testified that Harry r.
Hayes purchased a pair % panta from
him at hln store In Eureka on Fcbru-
airy iG, 1895. Joe Iianniiin was In the
tore lt the same time and Hayes said
to iInnnifln. You ought 10 buy suit
Of clothes like this" and showed Han
Min the pants. Hannlnn paid SO on
the su.t that he ordered that day; u
was the day after payday. which was
the 18th. Rich also saw Hayes ON Feb
ruary Eth In Eureka.
W %. Wilson testified that he saw
Harry Y. Hayes on the morning OF the
18th ~ February. 1895. about 10 o'clock.
IN cronln's shoe shop. Wilson had not
been down town FOR two or three days
prior to that because he had the rhcu-
inatiam and he went into cronln'H
Hharc he was looking over a Salt
Lake Tribune on the 18th % February,
which gave nm account Of the exercises
In the schools which had celebrated
iincoln'a birthday. Cronln made the
remark that Jackson ought to have u
celebration day and Wilson said that
jackson had run for President four OF
i've times. and Harry y. Hayes. who
had meanwhile come In, said that he
did not think that jackson had run ~
many times AZ that aud said he could
prove H. and he went out and brought
back Bininc'H Twenty Years In Con-
grcsu."
II wns admitted By tho prosecution
that John Morley ~ Eureka, " present.
would testify that his books showed
an entry under date " February IL,
1895. whore u charge was made against
Harry y. Hayes.
AFFfDAViTs.
In addition 10 this array Of witnesses
who Hworc that they saw Harry T.
Hayes In Eureka ON February 18th.
18th and 18th, we have the ailidaVlta
lively that Hayes was at Eureka on
February 18th. 18th ana 18th. These
nfiidayita were ilcd with the board uf
pardnna at the time that Harry y.
Hayes applied 10 the Utah board OF
pardons Tor a pardon In January. 1897.
and are now on illc with the clerk OF
the board OF pardons.
MRS. HAYEs's EVIDENCE.
Mrs. Hayes testified that she rcmcm-
o hon Ia AaH ~
April. 1895. whom a tclogram came an.
nouncing that the body OF her son had
been found: Mr. Deloa Lombard was at
her house. he came at her Invitation.
she having sent sir, Hayes for him to
come over; Mrs. Yates and Lars Peter
were present when Lombard came into
her room; Mrs. Hayes testified that she
did not state ON TINT occasion 10 i.om-
bard that Hayes had killed her boy, but
what she did say was, They killed my
BON down there; they killed my SON"
she further testified that she know
Hayes had not done u because he was
home ana could not have done II.
Mrs. Hayes further testified that
when she first went 10 the ranch. about
March or :, 1896. In Response 10 the
letter from ccdarutrom, that Mrs. ilas-
musncn told her that the boys were all
right. and that William Morris told her
codartrvmH also told her that tho boys
were all right
SUBSEQUENT PROCEEDINGS.
II viii be seen by the foregoing
statement Of facts that the circum-
stantlal evidence on which the jury
found Hayes guilty was not ~ such a
character ~ Mr.. wcdgwood In his
opening statement TO the jury. stated
would exclude cvcfy other reasonable
lsaHs.f A..
came 20 their death at the hands Of the
defendant"
a motion for new trial for Hayes
was argued on the 9Th OF April. 1855.
ana the motion was denied. on that
sumo day the Judgment Of the court
was pronounced upon Hayes. and
there was any legal cause why the
Judgment OF the court should not then
| be pronounced upon him. Hayes
answered. II have. 1 am not guilty
OF the deed committed" 10 the further
question OF the court. what. II any
choice Of death he preferred Hayes
answered. II don't know that l have
any choice. II | have 10 lose my life
for those boys. u deed that have not
committed, well and good" The court
then sentenced Hayes To DO hung on
the 10th day OF June. 1896.
on May "a, 1895, II. C. Edwards was
| 'NN'NhN ~ 'lA' " lllN hAhhintgH OF rec
ord FOR Hayes and about that time
! MrsHrs. Whltecotton and De Molaey
/ withdrew from the case as attorneys
/ Tor Hayes,
ON June /. 1899. Mr.. Edwards. as
attorney for Mr.. Hayes. filed his notice
OF appeal TO the Supreme court, aud
ON the ith Of June, 1886. Judge Rltchle
ordered that the appeal should operate
"a "a stay OF proceedings aud execution
on the Judgment until the appeal was
disposed Of.
After Mr. Edwards had prepared the
abstract and the brief for Mr.. Hayes.
the arm OF Powers. Straup a I.lppman
was employed 10 assist Mr.. Edwards
| IN the argument Of the ease before the
Supreme court, There were but few
exceptions taken To the admission OF
the evidence In the court below. The
main contention made by Hayes'a
counsel was that there was no evidence
In the case tending To prove that Al
su-