Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1904-06-29
CASE OF HoYr HAYES.

On the 23d instant decision was rem
dered by the Supreme Court affirming
the judgment below in the case of Hoyt
Hayes. He will be re-sentenced at the
July term of Sessions Court, which will
convene at Walhalla Court House week
after next.
The Supreme Court reviewed only
errors of law alleged to have been COM
mitted by the presiding judge on the
trial, as 1t had no authority to review the
facts. The case is one entirely of cir
oumstantial evidence. Many OF our
thoughtful citizens, who heard the trial
at tho November term of court, think the
testimony insufficient to sustain con-
viction, and fear that grave mistake
has been made 1t has been suggested
that the State, instead of the prisoner,
was given the benefit of the reasonable
doubt arising from the testimony.
When the formal question, at the con-
clusion of tho trial, was propounded to
Hoyt Hayes by Judge Dantzler, as to
whether he had anything further to say
why the Judgment and sentence of the
law should not be pronounced, he an
swered: suppose nothing 1 can now
say would change the result. can only
say, was born innocent; l stood by the
open grave and saw my wife laid away
an inn ocent man; l will die an innocent
man."
If he should be hanged, being inno-
cent, untold harm would be done to the
administration of justice in our county
and State. An erroneous execution is
calculated to produce incalculable and
irrepareble mischief to individuals, to
destroy all confidence in the justice and
integrity of the tribunals, and to intro
duce an alarming train of social evils as
the inevitable result. Hence, the time
honored maxim, as popularity expressed,
"It is better that ten guilty persons
should escape, rather than one innocent
man should suffer-"
1t can be safely said that seldom, if
ever, in the history of our State, has
there been case about which so many
false reports were circulated, whereby
public sentiment was inflamed, the pub
lie mind poisoned. and the defendants
cause prejudiced. Thus it was, that
nearly every one was in such a state of
mind as unconsciously to maximize
whatever proof there might be against
him, and to minimize whatever proof
there might be for him. In this way we
can readily see how the jury found the
verdict, honestly believing it was right,
and yet an awful mistake may have been
made. No one questions the honest in
tention of the twelve 'good men and
true" who composed the jury, but still
there remains the possibility of a mistake
having been made, and an innocent man
may be hanged. Who wants innocent
blood?
Rumor and proof have been so adroity
blended that on last Friday our daily ex
changes naturally made the mistake of
founding large part of their story Of
the tragedy rather upon fiction than
upon facts adduced at the trial. In this
connection it might be profitable for
some of the editors and reporters of our
daily papers to read the testimony in the
brief. They might then be able to dis
cover how large part of their story was
testimony, for much of what they wrote
was never spoken in evidence.
Would that it had been possible for
every man in Oconee county to have
heard the trial. Several disinterested
spectators, among them being some who
have frequently heard criminal trials,
think a deplorable mistake has been
the testimony printed in the brief, land
every word was printed), have expressed
surprise at the verdict, and fear terri
bic wrong has been done an innocent
mana wrong, too, that will soon cost
him his life, unless some way to avert it
can quickly be found.
1t is not our purpose here to enter into
discussion of the testimony, as it is
rather voluminous for newspaper arti-
Gle. But we have at our disposal few
copies Of the brief, and it may be enough
interest may yet be taken in the fate of
this unfortunate young man by an impair
tial, fair-minded, truth-loving public, to
read carefully the testimony, and see if
1t carries to the public mind sense of
conviction beyond reasonable doubt.
If it does not, then the only thing to
prevent the consummation of a great
wrong should be speedily done. To see
and re aliZo the awful mistake after Hoyt
Hayes be hanged, would be worse than
futile; it would be criminal, for the
lynching of an innocent man by an angry
mob could be no worse. The ore would
be m urder under form of law, the other
murder without the sanction of law.
But the body polite and society at large
would suffer more harm by the former
than the latter. The former strikes
down confidence in the integrity of our
courts, saps the administration of jus.
tice at til o fountain head, while the lat
ter is only sporadic exhibition of pas
sionaten personal vengeance summarily
administered
If q mistake has been made in the con
viction of Hoyt Hayes, what remedy
remainsag None, save a commutation or
pardon. Which should it beP Under
the facts and circumstances, considering
the present status of the case, should it
not be at least Communication to lifo i'm
pfisohment? There being 80 much
doubt and uncertainty as to his guilt, he
should not be hanged. If there be any
error at all, the only safe course is to let
it be on the side of mercy, of saving a
human life, which if once taken through
error or mistake, no man can restore.
AS Hoyt Hayes languishes in his lonely
cell, condemned to die, he mourns the
death of the wife of his bosom, and
avows his innocence. He asserts that
her life-blood is not on his hands. In
the anguish of his soul, he implores the
forgiveness of sin-sins Of omission and
of ission. But he avows that God
knows he has not the sin of murder to
answer for, aud on that great day of final
reckoning when he stands before the
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