The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-11-06
WHEN IT IS NOT
SAFE TO CONvN|I
CircumstantiaI Evidence !,
Nearly Every Instance n.,
Gero'Is, Says Judge Powers
EVEN EYE WITNESSES
ARE OFTEN DECEIVE
Pelican Point Murder C,so (,
Cited in Proof of Points ts
Made by Judge.

III : not safe TO coryic, a.
stautial evidence said Judge f,'1s q T.
Powers Thursday. Judge por " "
probably been connected with N ~ ~
poriapt criminal, eases than anr M =,
lawyer in the state and ba. a,. V''i
a Widespread reputation for le.,' wy
iiy. He was discussing The n,,a't ae'
" Circnmstantial Evidence, :, n,,", f'sN1'
pc!ng presented AZ the Orpheum 40 ,so .
thls week. 81 saw the plav .u'an.
francisco few weeks ago. = qoia r III
Powers, 'and WAS much irnrrssat s9Hap
lf 70 my mind IL brouebi a., WA
iorclbly the cNcr-threatcnine do dut ven
fatal error In any case when ese' y
dcncc of credible eve witness, c eI'
luG, Even eve witncssos are sts
by their senses, and mon NJ ,b' ,b'eIFsi
undoubtcd vcracjtv have becr Lae no
testify to things thar were m;ie Su"1s wv" =
They were not lying. They vey. ,''1 y
- ln At least one instance :. g..
state. man q life was nil Lri ~, -
by the Jaw on the mistaken tos,;s .ar
Of AZ eye witness and a mac. '.iu't' ~ 2
rnmstantjal evidence that seeusa m
prove beyond question that tbs I Y
cused was murderer ''9 =
The speaker was referrine IN ~.
OF Harry Hayes, which is moro fsu;s,. m
to those who lived in Utah ion S, W..
ago than 10 newcomers. Have, '
charged with the murder of fbre. ~
his stepsons, al Pelican Point On
shore of Utah lake, in Utah connir n
web OF circumstaptial evidence
woven around him that convincod
every one that Iavos had killoS
boys aud thrust their bodies unds. X
ice of thc lake, where they yTe,o T.
in the beginning of spring II.
triod, found guilty and sentenced a NJ
executed. lie was so near cxseul1,|
that Sheriff Storrs uf Utah county y,
bought the rope with which 10 i,,|
him. Fl
Hayes s wife. the mother Of ,hc :.
dcrrd boys. never believed her hu,h,l
gnllty- She spent all the money N
could raise in bis defense aud even ~
she was pcpniless she confined t
struggle for him. Shc interested Iui,
Powers i'll lhe case, aud he. af,r
long talk with Hayes, was conyirS
of his absolute guiltlessncss. E6ons,|
secure new trial failed. but stay "a
granted. Later the death sentence ~
commuied Ia life imprisonment.
Meanwhile Sheriff Storrs was b,r
| He found q series of new clegs hj
months he Investigated. until al ls~I
no was able 10. dcmonstraic beyo,i
doubt that the double murder bad ia,I
committed for the purpose OF mbbrI
| by Il professional crook who had M
living below Spanish Fork. This uni|
! life was traced, and it was found III
he had committed a murder in Cclsn3
and afterwards with supreme audsA
sat as a member Of the grand n
which investigated the crime lie az
| to Utah and for n time lived we n
! the Jordan III salt Lake. ehiuc es;;l
living by series of petty crimes n
| then removed to Utah rouniy, gel
IN course of time he visited ibe all
on Pelican point aud robbed il, az
numbering the boys who were t6rr q /
secreting their bodies.
There was no appropriation TO enI
| the search for tho mau and The l5I
une advanced the necessary ueis
about $500. that was used 10 hn1g
wife here from New York and 10 u
pletc the investigation that detcnsra
Hayes s complete innocence Of Ihe d1I
for which he Vas first sentenced 10 auI
and for which be was at tue time .
ing n commuted sentence of lifc
prlsonment. The board of pardons al
Judge Powers 5 presentation Of tHsrX
and without delay ordered Hayes
Grafton 1t is believed he ls uob
ing in the southern part Of The 2,
impoverished by his struggle 10 t;tf
the gallows and broken IN hcalif
his term of Imprisonment