| Show m 19 m m sheriff must perform the deed HAS HIS SAY still declares he is not guilty of the deed isa coolest atlan in die court hany bayee wae sentenced by judge afternoon to be hedged next june 19 the motion for a new t ml vaa harts was about the coolest man hi the court room which waa well filled whan ing sentence was passed he nver showed a sign of weakening boere wai some by attorneys BB to the advis ahi ity 0 before the filing of a statement on appeal the defense simply that judgment be deferred but the prosecution objected judge mccarty sentence bad better be pronounced now and defense then asked that execution be deferred at least forty daya to allow the to get oat a transcript which it waa believed beli eyed would consume ai least thirty daya there waa no objection to that request judge mccarty in a low tone of voice then bade mr hayea come forward la the same low tones the audze commenced his sentence seemingly affected by emotion his voice was scarcely audible across the room ah be eaid you hava been found of mur der in the first decree by the killing of albert hayea alias enstrom on the ot february aary 1895 have you aay thing to say why sentence should not now be passed mr hayea yes sir I 1 have with a tremor in hie voice I 1 am not guilty of the deed committed audgo mccarty said nothing in response but continued the crime for which you are convicted is punish able by death and the statue provides that you can chouse between hanging and sho otice have you any choice hayes K I 1 must loose my life for those boys who I 1 did not kill I 1 have no choice judge McGarty You say you have no choice H ayes no sir I 1 have none judge ane sentence of the court is here he hesitated that yon be taken by the sheriff of this connly to some convenient and private place in ibis county and there be hanged by the beik until dead bayeas hand was hanging loosely on hib hip but it did not all aard the judge and hayes coolly walked over and nicked up hia hat i much as to say 1 I am ready sheriff william breer appeared for the plain in the case fork city vs the spanish fork bench irrigation that the plaintiff wished to withdraw from the case and an order was made to that effect the two boya michael gear and bred hitesman were arraigned charged with grand larceny and plead not gail ty john B milner is their attorney the divorce caad of singleton vs BinKle tou which was to come up wednesday waa postponed until monday morning atlO MOTION FOR A harry hayes was brought into court again thia morning and abt with his wife unmoved while the were arguing lor a new trial mr made the opening argument in favor of a new trial basins on errors of law excepted to during the trial 2 in the charge 3 errors in refusing certain reou eatH of defendant 4 the verdict was not supported by the lacta tee charged the ailline of albeit hayea aliaba baat feh ruari irth the was entirely circumstantial there wag no evidence connecting defendant with the killing mr then reviewed the evidence at length tending to show that all the evidence on which defendant was convicted was merely that be bad been seen at pelican point on fel arnary about the only evidence that it was considered were certain singular of de fondant after the find ing of the bodice and they were perfectly natural in the light of other events clearly shown by then be wanted the judge to it was with alibis peculiarities it was contended that the officers bad suspected hayea and alter that every action of defendant was made to look the evidence was surcharged with the prejudices WAS beruo against the defendant this waa plainly apparent when the court admitted testimony relating to the killing of the other two boys at the ranch for murdering whom defendant waa not on trial the jury was swept off their feet b tho evidence of a wholesale slaughter after reviewing the testimony tea mr took up taj judges charge and objected to it because it left out an essential element that of malice A areat many authorities were read iak to ibe alleged error in the charge |
