St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-03-03


OF shaking jerks, Erwin Objected TO
tne whole OF the testimony on the
ground that it was not properly re-
outtal, but should have been given
IN chief, inasmuch as it had beer
known to the counsel ever since be-
lore the selection of the Jury was
hnished. He styled the form of
procedure as a trick, and protested
against the admission of such. testi-
mony at time when the defense
could not have an opportunity to
investigate it.
jerks story was that on the night of
the murder, which he identified by it's
being the occasion of the Retail Mer-
chants banquet, he left his home on
Lowry hill at five minutes after 7. lust
missing Hennepin avenue car. He
walked down to the junction at Mr.
Lowry's in order to get choice of car
lines, and soon after boarded one with
vestibule, which showed ii to have
peen Kenwood car. He stood in the
Vestibule, and as the car passed the
bill board at Huron avenue, he saw a.
man running, who signaIed to stop the
car. The car did slow up, but the man
running made no effort to come near il
out instead slackened his pace also.
Asked as to whether or not he could
ldentlfy the man, he said it was Harry
hayward, although he had never seen
MIN before to know him. He had known
Adry by sight and was positive it was
not Adry, because of the difference in
their height. Besides, as stated above.
he watched Harrys gait since and fur
ther convinced himself of the identity
of the man. Mr.. Erwin cross-exam-
ined him at some length, and cast some
pointed insinuations at him which
jerks resented hotly and the court had
to call both to a halt in peremptory
terms
Mr.. Erwin went at him first on ac-
count of the darkness, the time being
very near the shortest day in the wear.
and also dwelt upon the fact that
jerks was looking through a window,
point which he used successfully in
noted murder trial in Eau Claire
county, Wisconsin, fifteen years ago or
more The distance which the run
ming man was from him, nearly 100
feet, was also emphasized, as well as
the d1ff1culty of judging mans
height when one was above him and
some distance away and on an un-
steady plane himself, as well as under
the further complication of the man
observed running at the time. jerks,
however, stuck firmly to his first
story, and finally Mr.. Erwin took up
the question of the time when jerks
first reported it, which, he said, was
to Detective Hoy. Erwin and the wit
ness had quite an argument, in which
jerks appealed to the court for pro-
lection from insult and the court ad-
monished Mr.. Erwin to treat the wit
ness with respect. Erwin replied that
he would postpone the respect until he
found out certain things, and jerks re-
torted that he wouldn't postpone his,
as he didn't have any.
Aside from Jenks' testimony there
were other facts of Interest adduced.
Thomas O'Donnell, of the Northern
Pacific express office, and f. A.-Hueb-
ner shipping clerk for the w. S. Mott
company, both testified to seeing a
lady drive from the West hotel NJ
First avenue north about the time at
which Miss Cling is said to have left
there. Harry S. Bushong, an express
man, also testified that a rig, with a
claybank horse, driven by a lady.
nearly ran into him at Sixth street
and First avenue north that night.
He. thought she was alone.
r. II. Mathes testified regarding the
time of Harry's leaving the supper
table the night of the murder, which
he thought was about 7:12 1t might
have been 7:1S
ID. a. Macarthur said that he met
Hayward going up Hennepin the even
ing of the murder at 5:45. Another
young man was with him when they
passed the West hotel Hayward tes-
titled that it was after $50 when they
went up, and that they were on the
other side of the street.
In sur-rebuttal the defense put on
Ben BrideIl who was in the Ramsey
county Jail when Adry was. He said
Adry told him that Harry couldn't
have had anything to do with the mur-
der, as he was at the theater that night.
Charles Derby and wife, who run "a
laundry In one of Hayward's blocks, on
Third street south testified that they
saw Griffin In another locality on the
morning of Nov. 80. This is the morn
ing on which Adry and Harry are said
Griffin had testified that he saw them
both there.
Patrolman Arnold testified that James
Ford told him about the stick of wood
incident in November, which would de-
prive it of connection to the murder.
The defense offered to put William
Kennedy on the stand to testify as to
Adry's whereabouts on the night of the
murder, but the testimony was ruled
out for lack of foundation laid.
AS the case rests now the evidence is
completed, practically, at least All
the insurance deal is admitted The
state claims that the loan of $1,000 was
a fraud; the defense that it was genu-
inc. The proof of it's fraudulent char
acter rests entirely on the testimony
of Blixt, who says that Harry told him
she gave back the money.
The defense has tried to show that
there was a third man in the case, and
so far as 1t has been able to show IL
rests on the following testimony:
Grindall says he saw man get in
near the West hotel Others say she
drove by that corner alone.
Stevens and Ward say that they saw
the rig driven rapidly along the Excel
cor road that night, and that the man
in it either had whiskers or his over
coat collar turned up. Blixt has no
beard, and he says he had no over-oat
that night
Wilson says there was man in the
buggy and that that man was Harry
Hayward but the defense claims that
at that time Harry was at the board
ing house.
On the other hand the state has
connected Harry with the case not only
by the stories of Blixt and Adry. but
by that of jerks, who says he saw him
running on Hennepin at the corner OF
Huron, where Hayward says he never
was under such circumstances 1t also
put on Mrs. Hale to show that few
minutes before s, Harry, instead of
having time to sell, as he himself tes-
titled, was in a great hurry. These
are the salient points in the testimony.
There are a great many other circum-