The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1895-03-08
LEND, 81. hire Of chansey"

II did not.'' ..5s.
ibid you offer In any manner, now.
ever. that he might, could would or
should be hired or changed?"
Il did not In any manner. however" !"
On cross-examinntlon the witness
stated he was retained about Dec. 20
His work had been to look up evi-
dence, and he admitted having been
xealous In the cause Of the defendant,
Minneapolis, March 2.-The end Of
the long-drawn-out Hayward murder
trial Is In sight The case will prob
ably 60 to the jury Thursday of next
week. This 10 the sixth week Of the
trial.
The first witness this morning was
James Ward, and his evidence was in
tended to further impeach that Of NJ.
D. Wilson. the livery man. He de-
clared that Wilson had told him that
Harry Hayward could not be touched,
as the man he had seen In the buggy
with Miss Cling was not Harry at all.
Wards Impression was that Wilson
had said Adry was the man., but his
impressions were ruled out.
Paul Born, a messenger who carried
. note to Miss Cling the. morning Of
the day Of the murder, described the
man who sent 1t. The description did
not ut Harry. She had torn the note
up after reading 1t.
Deputy Sheriff Warren swore TINT
Blixt had said when asked how he had
kept his feet from getting bloody after
the murder, had replied, '.By keeping
them out Of the buggy"
bllxt was sent for from the Jail, and
pending his arrival his two statements
were read to the jury, with some slnis-
sions passed on by the court.
| The Defepse Rests.
Shortly after IL o'clock the defense
rested. having secured denial FROM
Blixt OF the assertions of Witness
Warren.
The first witness in rebuttal was
oliver G. florence, who went to where
the body lay On the night Of the mur-
der with the officers. He wore pointed
toe shoes !, and walked all around the
road at that point. This evidence was
lntfoo9ced to explain the mysterious
pointed shoe tracks found by the de-
tectlves.
M. B. Griffin, a papcrharger. cor.
roborated Adry's testimony and i'm.
peac:lcd Hariy's by swearing that he
found the two together in the Hay-
ward oftice when he called on Nov, 90.
He was not shaken In his Identification
OF the date by Mr.. Erwip's cross
examination.
X. L. Odell, attorney for Blixt, de-
MED the story Of Maggie Wachtcr. his
steno&rapher. pointblank, and declared
that Blixt had not made the state.
ments with reference to Adry's com.
pltcity attributed to him by Miss
Wachter.
Edward Eidam was an important
witness to corroborate the story of
Blixt and show that the shots heard
by people at Lake Calhoun We're not
those fired by the murderer.
John a. Oleson gave evidence to i'm
peach Maggie Watchers testimony
saying that she told him ile could
make $1,000 by going to the defense
and saying he knew Blixt. On the
stand Miss Watcher had denied any
such talk with him.
minneapolis. March \ - The Hay.
ward murder trial proceeded in snite
OF the fact that County Attorney Nye
ID confined to his bed from nervoI,s
prostratiOn. 1t is remarked that while
the jury look like ghosts after their
Six weeks pull ut the case. while the
lawyers are Worn out with work and
worry, aud While even the Judge on
me bench looks weary and bored. the
INTO court eacn lHOTnmg as lfcsu .ss.s.
smiling us II 1t were o matinee he was
attending. The bad mir Of the court
room, nor tho evidence piled up
against him seems to affect him.
The state knocked a few more props
out from under the defense In rebuttal.
Louis Behm swore that he was pres
ent at the conversation between Liv-
eryman Wilson and james Ward
when the former was alleged to have
said that 1t was not Harry but Adry
Hayward he SAW driving with Miss
Cling on the night of the murder
Benin declared that the Haywartls
We're not mentioned In the whole con-
versation.
Ernest Gamash testified that he saw
George Grindan on the Fast side
many blocks away ut the very time
when Grindail svears he saw the mys-
terious third man" get into tile bug
gy with Miss Cling. Thus are two
important witnesses for the defense
impeached.
A gun expert was then called to
show that the bullets in various makes
OF cartridges differed in weight. This
was to Offset Erwin's coup showing
that the cartridge used to kill Miss
Cling was II 80 long. and not Il 3S
short, as Blixt testified.
Dr. Z. A. DunsmoOr, after critical
examination OF the skull, testified pos
itively in answer to hypothetical
question. that the lacerations OF the
face and the fractures Of the skull
might have been caused by fall from
the buggy Of the body, such as was
described by Blfxt, or even that the
bullet might have caused the fracture.
Mr.. Dunn, another expert for the
state followed and gave similar testi-
mOny. Mr.. Erwin was unable to
shake the belief of double fracture re-
sulting from the fall Of body stand
ing on Its feet.
Blow to the Defense.
DIR. Nippert was recalled and blow
was given to the triumph of the de-
fcnse In showing that the weight OF
the bullet taken from Miss Ging's
head was the same as an unused IS
short cartridge. He swore that In his
examination Of the skull he found
traces of lead along the truck Of the
wound.
George Henry Payette. the messcn-
ger boy who carried the note from
Harry Hayward to Miss Cling Nov. 80,
was called and swore That the note
was carried at $40 O'clock in the af-
ternoon. He produced the slip
signed by Hayward to prove 1t. This
evidence disproyed the statement of
Harry on the stand that the note was
given the messenger boy In the MORN
Ing Mt about THE time Adry swore Har-
ry made the talk about killing Miss
Cling.
Mrs. Adry Hayward swore that
Adry took her riding the night Of
April 27, when the hold-,p occurred.
She denied some Of the statements Of
Harry as to what she had said to him
about Adry having a revolver after the
quarrel Of Oct. Z. and swore that on
the date that Adry- said lie had had
the trouble with his brother in the Of
flee, Adry came home and procured
his revolver.
Adry Hayward corrobornted his wife
In regard to the drive April q. He
stated that his father and mother
made untrue statements when they
said he had
HAD Threatened to XIII His Brother.
H. .oad H,,ot IN Soxv +l,o yvntc1, Will,