The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1904-10-19
WILL NOT HANG.
Eoyt Hayes Saved From Gallows
bv the Governors Decree
IN TIE PENITENTIARY FOB LIFE

Carvalho, Celebrated Handwriting
Expert, Declares That Mrs.
I.uls Hayes Was the Author
of,he Important Note.
Hovt Hayes Will net be hanged.
GOV. Hayward has committed his SEN
tence to life imprisonment IN the
State penitentiary. This action was
based principally on the decision OF an
expers examiner Of questioned hand
writing. Hayes had been convicted
OF having killed bis wife, and the eVl-
dence was purely circunstantlal, with
nothing to show motive, and toI that
reason it appealed to the governor
that there might be cause for doubt:
the statement OF the expert increase:
that feeling Of doubt to such an ex,
tent that Gov. Heyward is unwilling
to see the man suffer the death. penal
ty. On the other hand he does not
grant an uncondition pardon Tor the
reason that there are so many cucum-
stances unfavorable to the accused
that a Communication Of sentence seems
to him to be the only alternative.
In making the announcement Fri
day night Gov. Hayward said: The
papers in this case were submitted to
me about three weeks ago and follow
ing nv usual custom I referred them
to the trial judge and solicitor in or
der to get their aid in passing upon
the petition.
Solicitor Boggs said: Defendant
sentenced to be hanged on Oct. IA,
1904, l concur with the circuit and
supreme courts.
Judge Da1tzler made the follow
ing report: The testimony in this
case having teen printed and press Mt
ed to your excellency for considera-
ton, respectfully return petitions
without expressing an opinion or max
ing recommendation, leaving IL to
your excellency to reach g just conclu.
sion f1cm the consideration OF such
testimoney.'
II then carefully, read the testi-
mcny and I examined the written ex.
hibits used on trial. The evidence was
entire1y circunstantial, the defendant
and his wife being alone at the time
Of her death,
THE State failed to show any NO
tive for the crime. The defense re-
lied upon the theory that the deceaS-
ed committed suicide and note was
produced, claimed by the defense to
be in her handwriting. This note
reads as follows:
LULA
&c 7 am treated well by Hoyt but l
had rather die than to have the pain
and sickness Of motherhood, therefore
I write to let you know did It,
The State claims that this note
was a forgery by defendent, produced
by him in order to furnish the founoa-
tion Of defense.
1.-THE question then, who wrote this
note, was most material circun-
stance to be considered in this case.
Testimony Of local experts was had at
the trial, the prepdonderance OF such
evidence being in favor Of the genu-
ineness OF the aper. Realizing this to
be a most material point in the case l
sent all the written exhibits used on
trial to Mr.. David n. Carvalho OF New
York, the most prominent expert ex-
aniner OF Questioned handwriting,
inks ard paper in America, with the
request that he render an opinion
After keeping the papers several Gays
he returned them with his report.
''Mr. Carvalho is entirely dlslnter
ested and while his opinion was not
Ieste6 by EXAMINATION in court, II
shows that the State may have erred
in charging the defendant with for
oery. in order to conceal his crime.
This presents case where there IS
strong possibility that the clrcun-
stances now showing the defendants
quilt may, in the future, be explained
awav. / cannot bring myself to au-
tnorize the infiction Of the death
sentence, which would now and ror-
ever prevent any correction OF the
mistake, should these circumstances
be ex planned.
ssr'he exerc.-e Of the pardonlng
power can be governed BY no inf1exible
rule. have been governed by a sense
Of grave responsibility in this matter
to both the State and myself" "
Gov. Hayward stated Friday night
that he had received a petition signed
by about 900 people asking for execu
tive clenency and another petition
sicned by about half that number
urging him to let the verdict and tne
sentence stand. Great pressure had
been brought to bear to have the man
hanged and on account OF the preVa'
lence OF lawlessness in the State one
writer had urged him to let the &C.
cused be hanged even If he were not
guilty. -zo,
Mr.. Carvalho says the note on Wh.ch
Hsyes was convicted was written by
Mrs. Hayes as Hayes claimed it was.
The expert compared the note With
other writing OF Mrs. Hayes and salo
thev were written by the same per
con This cleared Hayes OF forging
the note, and Gov. Hayward was al
most compelled to act as he old II
connouting the sentence.
GERMANS FOB PARKER.