| Show HAYES TO BE HANGED I 1 sentenced at provo by judge mccarty JUNE 19 THE DATE OF DEATH penalty for the tha pelican point murders the court overruled the petition for a new trial and pronounced the defendants doom hayes proclaimed me his Inno cenca and showed no sign of emotion during the tha trying scene time la is given to prepare a transcript correspondence tribune tribunal I 1 provo april 27 in the fourth DL dle e triet court harry hayes was sentenced by judge mccarty to bo be hanged by the neck until dead next june the greater part of 0 the day w was consumed in hearing arguments menta for a now new trial ahm defense claimed 1 errors of law excepted to hiring during the tha trial 2 errors in the charge 3 errors in refusing to submit to the jury ira in tho that charge certain requests of defense and 4 that the testimony as a whole did not warrant conviction on the latter point tho the evidence was vaa reviewed at length and it was avas claimed that the conviction was clearly on circumstantial 0 cum U evidence clayes was not ho a shown to be in any way connected with the killing lie ho was only sec beert at pelican point the day after it wag waa believed the killing had taken place tho the jury relied mainly on a few ew pe cullar state statements menti s ot of defendant alter after the killing and they could all bo be accounted tor for by ever ts ta and defendants an t eccentricities lier T then it waa A as claimed the tha jury was unduly prejudiced by the admission of testimony relating to the killing of 0 the tha other two iwo boys at pelican point which was improper because defendant was on trial tor for killing only albert hayes about the only vital objection to the tha charge was waa that the th judge had haa not clearly defined malloe niaslee ALLOWED FORTY DAYS the did not deal at length with the testimony and contended that malice had been defined in another part of of the charge charce hla his honor thought there here had not been shown sufficient ground for a ai new tr trial lal and he denied the motion then a stillness tell fell upon tho the crowded courtroom as the th ehno for passing the death sentence was at hand the defense wanted judgment of the court deferred until a statement on appeal could be prepared ared but tho the prosecution I 1 L thought such action would mould bo be improper the court thought likewise then tho the det defense enite asked that the data of the execution ile be fixed tar far enough lu in the future to allow the tea stenographer to prepare a transcript which w aich would require at least thirty days day and then t the he a attorneys t t gorncy s v wanted ra n t e d t ten e n days in which to 0 p prepare r e p t the h e s statement t a t m e n the forty das time lime we was agreed to by the prosecution cu tion SENTENCED TO B BE E HANGED judge 31 mccarty c ty t then h e n looked over at au H hayes w who h had a b been e e n taking arb an interest in the attorneys conversation come forward mr hayes said raid ills his honor mr hayes hayea obeyed with alacrity judge mccarty in very low loud and fal altering tones you have been found guilty of murder in the first degree you were indicted for the killing of 0 albort albert hayes alias enstrom Cn strom last february l eb lath on that indictment you were subsequently tried and found guilty have you anything to say wily why sentence should nut not now ite be passed mr air hayes yes yei sir mr I 1 hp var I 1 am not guilty of the deed committed defendants vice vace trembled slightly as lie he spoke and he stared fixedly at tile the judge judge mccar mccarty ty continued the tha crime for which you are convicted Is punishable by death arid and the stauts says reading the punishment ot of dea death h must be inflicted b by y hanging the defendant by the neck until he Is 1 dead or by wing being shot fit at ills election you reay may choose between being hanged 0 or r shot hae bae you any choicer choice ijames if I 1 must lois iota my life tor for those boys whom I 1 didiot kill I 1 have hava no choice judge Are mccarty Carty you say you have hava no ch choice elcel 7 clayest no sir air I 1 have none bonk judge mccanty tho the sentence of the tha court its Is here hla big honor it hesitated that you be taken by the sheriff or of this county to some private and convenient place in tho the county and there hanged by the neck until you are dead the defendant hac bad one hand restine lightly on his hip and the other on tho the clerks desk but he showed no of tire trembling thit that Is all said the judge and the tha de defendant walked over to where his wife was vilas sitting coolly picked up his hat bat and began to look about aboul tor for the sheriff slab lir tim the prisoner n er was s through and ready t to 0 BO 10 to i hl its cell |
