The Savannah morning news. (Savannah, Ga.) 1900-current, 1900-11-27
HAYS GETS A NEW TRIAL.
stpHEsgE COURT REVERSED TIM
Ds-4S@fg,N OF JUDGE FALLIGANT.

sass the Trial Court Failed TO N"n-
ls0n 10 the Is.rs the Principal COM
t-5sl&on Of tac srcusrd-Thc Ends
ag ausrcc. in the supreme Courts
5BFt3ssEan. Require New Trint
slnser wi MotormRn NRrncd"c Is
rhus Sfs~e New chance for His
E.afu-Slntr's Evidence at Trial
made out a. case Of Cold-nioodcd
and Deliberate Murdcr-story OF
Tragedy.
the supreme Cour, has reversed Judge
Taueaut iu ,he Hays murder ease AMI
has granted now tftl o. the sayer 81
Matormtu I.uelus b. VafuelOc the Sl-
prone Court aeals with Judge Fan sanrs
charsc 10 abe jury without gloves j.
says
This being case in which the evil
denco was decidedly connl-tlus ana the
trial court iu its instruction a. thc jury
having not only failed altogether 60 meH-
t.on inc main contention 81 ia, ucelstd
which was supported hy cyideucs "ui
which q true. presented good matter %.
defense. but having also flled O. fans
ana fairly submit 90 the JuD me rtaI
issues involved ana inc law apiA ho %
thereto. the ends OF justice require ne"
trial Judgment reyomvd.
This Is aH OF the decision. The fact ina,
/, was favorable 90 tae defendant Wa
mode known H. the attorneys Tor hin.
Nfes.rs Rafard Fameant ami b. J..
Travis. by telegram from Atlanta yettcr-
div afternoon shortly after the news
was received by bis counsel. Hays was
notified ihat he was TO have "a ncw lease
81 life and o new chance 20 dcmonstfaie
60 q jury the truth % tho somewhat DIM
cult story of bis perfect Innocence. lie
was glad to hear o. but not unduly SO.
lie has Gil the sto.ciam that comes 20 the
man who has killed his fellow and VINO
expects ultimately 20 pay the penalty.
It's manifestations are familiar TO those
VINO have watched the careers 81 the con
demncd murderers Of this county from the
court room 90 thc scanoid.
The story told 40 the trial by the wit
nesses for the state made out perfect
case OF cold hloo1ed. wilful. malicious ana
deliberate murder. without one single pal
Hating OF cXtenuating circumstance. il
did not appear that Motormau NarueIo
had ever done or said uythlng o. ths
negro. on the night 90 the homicide, 90
excite the lafters animosiiy.
A quarrel there had been earlier in the
evening and Hays. with two companions.
had been put Of the car. hy the conduc-
tor aud some OF che passengers. near
Saudny station. lie waited unul the car
was making SIS return trip from the city.
and had reached Sandny Then he
stepped ont la front az 10 and with scarce
word Of warning began 10 Gre az che
motormau. Narncdoe returned the fire.
bur never succeeded IN wounding Hay.
The motormau was wounded in two places
ana died az the Savannah Hospital, where
De was carried the next afternoon. The
witnesses for the state AZ the trial were
for she most part men 81 standing and
responsibility. not 81 the class which has
that prejudice against the negro that
would be likely 60 distort testimony.
Both Mr.. Travis ana MT Faligant
argued the case before the Supreme Court.
There. their main contention was that the
charge Of the court was no framed that
IN SIS entirety 81 did not state fairly the
contentious Of the defendant and that la
effect IL removed from the decision OF
the jury. the question 81 the guilt or in
rocence OF the accused Tho Supreme
Court seems TO have agreed with this
contention.
The decision of the Supreme Court was
delivered hv Presiding Justice Lumpkin
and In the decision an the justices concur.