Show A CE I 1 th eaird or of pardons ballge hayes edyes sentence he will now suffer life judge n 0 powers bowes reviews the oase caa flicking testimony ouy no motive fo the crime speaking a of the commutation of haas sentence by tile the board of df pardons the tribune says saya harry ajaye acau accused ed of the pelican point tragedies will spend the remainder rde of his days davs behind the walls of the walls of the state prison thid tb board of pardons yesterday coni cond routed muted his death sentence sen lenco to ini for lire life had this action not been taken by ahn board hayes would have met death udom the scaffold next friday tho the reasons aligned by the board for or the commutation com mutation of the sentence were first the recommendation men inen dation or of the prosecuting officers thurman wedgwood of provo second the probability that others who were connected with the chitre may be more easily discovered jf f hayes is living than if he be were dead and that justice may be muted meted out to them whether they be principals or accessories STORY or 01 THE CRIME aki ME irrespective of his guilt or it ic bocen caime 4 for r which hartory 39 i MA d theca I 1 cuir lim of utah th T specific charge against hays w i i t that bat on oil february 16 1815 18 he murdered his stepson albert En enstrom otherwise known as albert hays and it was for this particular crime crime that he was convicted if guilty of this offense afi ense however whether as principal or accessory hayes was war also guilty of additional mur murders derst as andrew johnson and alreed nielson Nie laon ins 0 of f young enstrom shared a similar fate the young men were all killed presumably or on february 16 after which their bodies were thrown into utah lake at a point some come little distance from a ranch upon which they had resided two tivo months monik later the bodies of the three miff dered boys were discovered and the officers of the law began the tha search lor for the perpetrator of crime ime SUSPECTED HAYES suspicion at once fell upon harry hayes idaj eg stepfather step father of I 1 Enetro ri strow aa and ana in time lie he was arrested charged with the crime his trial boort followed and despite the fact that the evidence against him bira was purely circumstantial he be was convicted and sentenced celi to death by hanging bringing the caso wal wa then appealed to the 1 supreme court ahers the judgment of the lower tribunal was affirmed judge powers waa thell called into th the case and at once introduced habeas corpus proceedings ce basing his big application for the release of claves upon the tha grounds that the laws law sunder under which he was tried convicted and sentenced ware void for the reason that they were not properly en eni ac acted led by the legislature this application was wag denied but in the meantime judge powers had filed with the board of the petition for his clients pardon which waa acted upon yesterday TJ t his aliis petition was wab affixed the reames of over well known residents of of the state including fi five V em members remembers of the bar of supreme court judge powers also procured a large number of alli affidavits davits which strongly tended to show that hayes could not have been guilty of the crime crime JUDGE PO POWERS TO HOAR BOARD the board met promptly at 10 yesterday morning 0 and judge powers was given t two boand and r one half hours in which to present his case judge powers opened his ar gu ment by stating 0 that he would present to the board every fact that had bad come to his notice that tended tin in the favor of haves hares or which militated against hi him ire he called attention to the voluminous record of the trial and said that it would devolve upon him to devote some time in tho presentation or of the testimony adduced at tho the trial in order to illustrate the of a large number of aclid affidavits evits which he would read to the ward board 1 I believe in tho the mans innocence said lie he and I 1 believe if the facts which I 1 shall present to this board could be given in evidence before a jury that the result would be a verdict of acquittal so no Ill ile he then explained the location of the premises where the murder was committed and devoted some time to a description of tho the three dead boys bore and their relationship to the principal actors in the case hershower Her he showed that no motive had been proven that noth nothing irig had been shown why ilayev should want to kill the boys ile he demonstrated that they could not have been killed in the little one roomed house where the bows lived but that it must have been done outside ile he contended that more than one person had a hand bind in the tragedy lie he said that accord according ing to the testimony of the prosecution the boys were killed after 4 on the night of the auth of february 1895 1893 and before midday of the of february all day february and until 3 5 p m of that fay day joe carnes barnes who testified for the prosecution was at the hayes ranch with tha th boys on the he was there a again aln and the ranch was deserted and the boys gone one according to the he testimony or of the haves was in eureka until i 1 p ID of the of february and was also in eureka on the afternoon of the of february therefore if hayes did the killing I 1 he be did it between 4 of or one day and 4 of the next 11 he would could have been obliged to drive sixty miles dispose of the bodies I 1 harness and wagon one boy weighed pounds and it seems incredible that unaided and alone he would be able to do that which is claimed ile he pointed out that there was it a new wagon in the hayes yard on an the icah it was seen there by joe games barnes on the the wagon wagon was not there and there vi were ere its tracks in the snow leading toward the north on the road that goes toward salt lake where has that wagon wagon gone said lie he the lake was thoroughly drs dragged fd and no wagon and no horses were found the bodies of the horses have bare never come to the eurlace eur face the wagon is ia not in the lake that wagon with provisions and things taken from the ranch was driven away by the murderers |