The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1904-10-21
WILL NOT HANG.
Hoyt Hayes saved From Gallows
by the Governors Decree
I'M THE PEN1TENTIARY FOR LIFE

Oaryalho, Celebrated Handwriting
Expert, Declares That Mrs.
Lula Hayes Was tho Author
ofthe All Important Note.
Hoyt Hayes will not be hanged.
Gov Howard has commuted his SEN
tence to life Imprisonment IN the
State penitentiary. This action was
based principally onthe decision OF an
expert examiner of questioned hand
writing. Hayes had been convicted
of having killed his wife, and the evil
dence was purely circumstantial, with
nothing to show motive, and ior lha'
reason it appealed to the governor
that there might be cause Tor doup1'
the statement of the expert increases
that feeling Of doubt to Such an eA'
tent that Gov. Hayward is unwilling
to see the man suffer the death penal
ty. On the other hand he does not
grant an unconditional pardon for the
, reason that there are so many circnm-
stances unfavorable to the accused
that 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 my usual custom l referred them
to the trial judge and solicitor In or
der to get their aid in passing upon
the petition.
Solicitor Bcggs said: Defendant
sentenced to be hanged on Oct. IA,
1904, concur with the circuit and
supreme courts"
Judge Dantzler made the follow
ing report: The testimony in this
case having been printed and present
ed to your eXcellency for considera-
tion, l respectfully return petitions
without expressing an opinion or max
ing q recommendation, leaving it to
your excellency to reach a just conclu
sion from the consideration OF such
testimoney.'
II then carefully read the testi-
mony and / examined the written ex-
hibits used On trial. The evidence was
and his wife being alone at the time
Of her death,
1.-THE State failed to show any mo
tive for the crime. The defense re-
lied upon the theory that the deceas-
ed committed suicide and a note was
produced, claimed by the defense to
be insh her handwriting. This note
i reads, as follows:
S:Ss - . LULA
ssssASssts It am +-oot -. ,Iess,t; hut
SFilad Iae die than to hive the pain
s and sickness OF motherhood, therefore
8 I write to let you know did it,
( s'The State claims that this note
was forgery by defendenG, produced
by him in order to furnish the fOunda-
tion Of a defense.
''The question then, Who wrote this
note, was most material circum-
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 paper. Realizing this to
be most material point In tn, case /
sent all the written exhibits used Oh
trial to Mr.. David N. Carvalho OF New
York, the most prominent expert ex.
aminer Of questioned handwriting,
inks and paper in America, with the
request that he render an opinion
After keeping the papers several days
he returned them With his report
Mr.. CarvalhO is entirely disinter
esteo and while his opinion was not
tested by examination in court, il
shows that the State may have erred
in charging the defendant with for
gerry, in order to conceal his crime
This presents a case where there is a
strong possibility that the circum
stances now showing the defendants
guilt may, in the future, be explained
away. l cannot bring myself to au-
thorize the inlliction Of the death
sentence, which would now and for
ever prevent any correction of the
mistake, should these circumstances
be explained.
''The exercise of the pardoning
power can be governed by no iniiexible
rule. have been governed by sense
- Of grave responsibility In this matter
x to both the State and myself"
FfGov. Hayward stated Friday night
that he had received petition signed
by about 200 people asking for execu
tive ciemency and another petition
5TsigneG by about half that number
urging him to let the verdict and the
sentence stand. Great pressure had
been brought to bear to have the mar
hanged and ON account OF the preva-
lence OF laWlessness in the State one
writer had urged him to let the ac-
cused be hanged even If he were not
9 guilty.
Mr. Carvalho says the note on which
Hayes was convicted was written by
Mrs. Hayes as Hayes claimed it was
The expert compared the note with
other writing of Mrs. Hayes and SAID
they were written by the same per-
son. This cleared Hayes of forging
the note, and Gov. Hayward was al.
most compelled to act as he did in
committing the sentence.
GERMANS FOR PARKER.