The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-01-16
HAYES FOUND NOT GUILTY.
JURY SAID HE WAS JUSTIFIED IN
ASSAULTING T. j. LAYER.

Assault. Dee. 23-He Has Refused
Hitherto to Explain Why He At
tempted to Kill Lavier-His Con-
tention That He Was Forced to
Act Thus in order 10 Protect the
Purity of His Home and the Virtue
of His Mife-The Jury Agreed
with Him.
It took The jury in the case of II.
Hayes, charged with assault with intent
to murder T. J. Lavier and on trial in the
Superior Court yesterday, but short half
hour to bring in a verdict for the defend
ant, pronouncing him not guilty.
The assault which led to the trial was
committed in Biglers Kentucky restau-
rant, between and 10 o'clock of Dec %.
The bald facts Of the incident, unreliev-
ed by any explanation of the defendant,
made the case look sufficiently black for
him and had he not yesterday offered
a defense. antedating the commission of
the assault there is little or no doubt
that the jury would have found him gull
" and that he would have been sentenced
to a good long term in the penitentiary.
The cause of the assault came out for
the first time on the trial Of the case,
Hayes having declined in the past to dis
cuss the matter and Lavier, the man as
saulted and wounded by the prisoner,
having consistently protested that he
could assign no reason for 1t and that he
had offered Hayes absolutely no provoca-
ton. AS told on the stand in the trial Of
the case, in the course of the defendants
statement to the jury, Hayes had made
the assault for the purpose of preventing
the contamination of LAYERS alleged pur-
pose to take away the purity and virtue of
Hayes wife and destroy the happy sane
tity of his home The evidence given in
support and contradiction of this defense
and the arguments of counsel thereon
made the case more than usually interest
ing from beginning to end.
In the beginning Solicitor General Os-
borne introduced witnesses, Patrolman
Blumberg. ]. Bigler the proprietor of the
restaurant in which the assault was COM
mitted, and T. J. Lavier, the man as
saulted, to show the nature of the al
legged attempted homicide and the actions
of Hayes at that time Their evidence
did not vary the accounts of the case
printed in the Morning News at me time,
and Messrs w. F. Slater and r l.. Cold
ing, who appeared for the defendant,
made but little effort 20 destroy their
force. 1t was apparent even a this stage
of the case, that the defense did not rely
upon any provocation given at the time
of the assault to make its contentious #
the innocence of the prisoner good in the
minds of the court and jury
1t appeared from the evidence of these
witnesses that Hayes had come into the
restaurant on the night of the assault
sober, but apparently excited and had
found Lavier already there and engaged
In eating his supper. Hayes ordered a
cup OF coffee and place it before him,
watching LAYER closely all the time La.
Vier apparently felt that Hayes meditated
an attack upon him, for he asked the
proprietor of the restaurant call in a DO
liceman and have the man arrested Pa
tfolman Blumberg was summoned and
the arrest was made. It was then that
tne stirring Incidents of the assault trans
pired
AS The officer started to the door with
his prisoner, Bigler the restaurant pro.
prletor, noticed a revolver conspicuouslv
present in Hayes pocket. aud drawing il
OUT gave 1t to the policeman. HAYES. still
much excited, did not take kindly to his
arrest and according to the statement of
some OF the witnesses, Lavier volunteered
his assistance in getting him to the hox.
At any rate Lavier was standing between
Blumberg and his prisoner and the door
when the two former started cut of the
place.
As Hayes was brought near the man
Tor whom he had evidently been seeking
he jerked himself loose from the res
stralning grasp of the officer and draw
ing large and sharp knife from his pock-
ct slashed fiercely at LAYERS back. in
f1icting painful wound near the base Of
the spine. Before he could be restrain
ed Hayes had hold of Lavier and was in
fiicting other wounds with the, knife. none
OF them, though, as serious as the one
. nrst given. This was the story told by
all the witnesses for the state and the de-
Tense made but little effort 10 weaken the
effect of this testimony
Having proved the case. prima facle
against Hayes, the state rested and the
prisoner was put on the stand to make his
statement. 1t created a sensation
hayes said that he had assaulted Lavier
IN order TO protect the honor and the vir-
tue OF his wife, that the man he had as
sailed had attempted to destroy IIavier
said Hayes to the jury. had lived in the
same house with his wife and himself fo-
many months and he had thought the
man his friend and well-wisher He had
trusted MIN completely until a night not
many weeks before the assault was com
mitted, when he had returned home 10
mo hght burning in the room of his
wlte ana some one. he could not tell who
in the room with her. AS he entered ,hs
mouse ne heard the unknown leaving by
the back way and rushing into the yarl
had found Lavier concealed in an OUT
house.
AN angry Interview al once ensued. ac-
conpanied by threats on the one hand and
prayers and entreaties on the other La
Vier says Hayes agreed to cease his per
secution of the latter's wife and TO feave
the city at once. Hayes promised 20 shoot
him if he failed to carry out the compact.
and averred that he would have done il
at the time, but for the fact that this
would have brought even more trouble on
his family, his wife ana himself
On Tuesday Dec. 10, said Hayes. his
wife was unwel, but his business called
him from the city and he had gone on
Thursday he returned 10 find that his wife
had left their home, that the servant who
had been with her when he started on his
visit was also absent, and that there was
no explanation awaiting him Of where or
why either Of them had gone
Al once his mind reverted to Lavier. and
he suspected him OF endcing his wife