Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1904-10-12
THE HOYT HAYES CASE.
Governor Hayward to Decide the lssus-Ar-
guments by the Attorneys.
[The State, October IL


hanged at Walhalla next Friday,
October l4th. The crime with
which he is charged is the taking of
the life Of his wife.
Lula Hayes, formerly Lula Crane,
was found dead in her bed with the
top of her head blown off. A single
barreled shotgun beside her in the
bed was the instrument of death.
Her husbands statement before the
coroner's jury was that he had been
called out to the lot about 3 a. IA. by
noise, and that in his absence his
wife, who was morbid on account of
approaching maternity, took her own
life.
The father Of the deceased woman
was not satisfied with this statement
and had second inqulsition made
by the coroner. This time a jury
was summoned and the verdict was
that she came to her death at the
hands of parties unknown. Her
death occurred on the 26th of April,
1908, and few days later warrant
was sworn out for the arrest of her
husband.
AT the first trial in July, 1908, the
jury was unable to agree after having
been out 20 hours, although a ma
jority were for conviction. In No
yember of last year the case was
tried again. lIoyt Hayes was con
victcd and sentenced to be hanged
on the 18th of January of this year.
The case was appealed to the Su-
preme Court, which affirmed the ac-
tion Of the lower court in regard to
the questions which should or should
not be put to jurors on their voir
dire. Subsequently IIoyt Hayes was
resentenced, the day of his execu-
tion being set for next Friday.
Tuesday James i. Carey, one Of
Hayes attorneys, went down to
Manning and there presented to
Judge Dantzler the arguments in fa-
vor of a commutation of the SEN
tence. Judge Dantzler declined to
make any recommendation to the
Governor, favorable or otherwise.
Solicitor Julius T.. Boggs, of
Pickens, the prosecuting officer, was
here last night, but could not I've
seen in time TO get statement as to
my recommendations he might make,
but it is said that he will not recon-
mend executive clemency.
Mr.. Carey and w. j. Stribling and
j. w. Shelor, of counsel for Hayes,
appeared before the Governor yes
terday and were closeted with him
for two hours or longer, urging the
case for their client. Gov. Hayward
gave no intimation Of his views in
the matter, but is studying the evi-
dence in connection with the argu-
ments pro and con.
The attorneys urged as the
grounds for the Communication of the
sentence from the death penalty
to imprisonment for life the follow
ing reasons:
|. The case is one of purely cir
cumstantial evidence, and the we'll
established rules of law in this State
as to circumstantial evidence are
these (a) the circumstances from
which the conclusion is drawn must
be fully established (b) all the facts
must be consistent with the hypothc-
sis of guilt; Co the circumstances
must be of "A conclusive nature and
tendency; (d) the circumstances
should to moral certainty actually
exclude every hypothesis but the one
proposed to be proved. II is in
cumbcnt upon the State to prove
guilt under these four rules, and the
attorneys for Hayes contend that the
entire Mcord in the Governors office,
all of which is printed, shows beyond
all question that the State broke
down in its effort to fastcn the guilt
upon Iloyt Hayes as required by
these rules, but on the contrary
many of the circumstances tend more
strongly to establish the theory of
suicide.
2. There is a noto n the hands of
the Governor, which was introduced
in evidence at the trial, found at the
house OF IIoyt Hayes the morning
after her death in these words
"Lula. | am treated well by
lIoyt, but had rather die than to
have the pain and sickness OF mother
hood, therefore write to let you
know did it,"
The point was made and pressed
before the Governor that if Lula
Hayes wrote this note she committed
suicide and that the proof in the
case is clear to the effect that she
Il "a . |,