St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-02-15
| NOW IN DEFENSE
John Day Smith Outlines to
the Jury the Plan to Be
Followed.
NO THEORY is CLAIMED.
Effort Will Be Made to I'M
peach Testimony Of Adry
and Blixt.
BY CLAIMS OF AN ALIBl
They Will Attempt to Dis
credit Statements Of the
Prosecution.
BY CLAIMS OF AN ALIBl
VICTIMS BLOODY CLOTHES
Placed in Evidence--DefenSe
Playing a Waiting
Game.

In6 ITSl udy > pIOCStuihSo III LhC
defense of Harry Hayward started
! off at limping pace. There were
no sensational developments, no we'll
| defined course of action indicated.
| Instead of proofs strong as holy
writ, there were doubts and disap-
| pointments. The examination OF a
number of witnesses was ridiculous
| ly trivial and comprehended moth
ing new or important. The defense
| is evidently playing a waiting game
in the hope that the terrible story
|. which has been dinned into the ears
of the jurors may appear less real
| after the lapse of a few days.
The opening address of Attorney
Smith was substantially an admis-
| sion of the weakness of his case. He
frankly told the jurors that the de-
fense had no theory, although in the
next breath he alluded significantly
to the eccentric life of the elder
| brother. In fact, for an hour and
thirty-five minutes Mr.. Smith talked
around the case.
| 1t is clear that the defense will
cast it's all on the hazard of a rea
sonable.. doubt. ~.
The lines along which it will feel
it's way are now pretty generally
understood. An attempt will be
made to discredit Blixt's story in
several important particulars. An
alibi will be introduced to prove
! wi I,
Blixt on Kenwood boulevard, and in
! fact BliXt's whole story of the man
ner in which he committed the mur-
der will be declared preposterous.
The location of the blood spots in
the buggy and the fractures of Miss
Ging's skull will be urged as con-
vincing proofs of it's falsity.
The theory that Blixt assaulted
the woman with some heavy instru-
ment and beat her until she was un-
| conscious will constitute one of the
main props of Mr.. Erwin's reason
ing.
Terence Connolly Jr., the under
taker, was called to identify and in
troduce the dead woman's clothing,
which was seen for the first time.
| The sailor hat was first introduced,
| and was smeared with blood. The
sealskin sacque had been washed
| since the murder, but the lining had
not, and some spatters We're found on
| it. The shirt waist was bloody at
| the collar and in front, but this lat
| ter stain was evidently made after
the arrival at the morgue. The COR
set was soaked on the right side,
inside and out, as was the adjacent
| portion of the underwear.
While this evidence of the stains
| was not as positive as the defense
| had hoped, it was still in the nature
| Of circumstantial dispute of BliXt'S
story. The condition of the under
| clothing shows conclusively that
| Miss Cling was in an upright posi-
| ton for some time after the hemor-
| rhage was started. The amount of
| blood, however, discredits the theory
| that this blood came from the bullet
wound, as the only blood to come
| therefrom was what blood was in
! the circulation above the wound
after one or two pulsations of the
| heart.
| The reasonable assumption, there
| fore, is that the blood in the buggy
and inside the clothes must have
! come from the other wound, viz,
| that in the nose. This theory is sup
| ported by the rush of blood from the
| nostrils after the body was turned
over at the morgue. If the woman
had been dead during ride of a
mile and a half before she was
dropped out, then there would have
been no effusion of blood from q
fracture of the nose caused by fall
ing on the wheel. There was con-
siderable accumulation of blood in
the mouth, which would not have
come from the wound in the eye, ac-
cording to the medical testimony al
ready introduced.
This new evidence suggests the
desirability of modification Of
both stories. 1t gives credence to
the theory that Blixt or the woman's
ed her before shooting her. The dis
heveled hair also would lend color
to the theory of a struggle in the
buggy. But the evidence also sug-
gests that the bullet wound was
made while the body was still in the
buggy, and discredits the tentative
theory of the defense few days
ago that the shot was fired after she
was thrown out. The defense still
contends that the shot was fired very
near the place where the body was
found, and Mrs. Naegeie will be
called upon today to testify concern
ing the shots which she heard on the
night in question.
Then the four police officers who
visited the scene of the murder that
TI,SrI