The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-02-12

had done it, and he said he would see
it in the papers. / said ! would not
do it. This was the last conversation
had with him. 1 did not want to say any
thing about it, as it was family affair,
but went and told Elder Stewart.
Hold on, there, F." said Erwin, 1--WE OBJ
ject, as it is immaterial.
The objection was sustained, but Adry
was allowed to state that he made COM
munication to Mr.. Stewart. He then told
how, on the night of the murder, his
brother advised him to have his where
abouts accounted for and told him some
thing was going to happen. Then he
told how Harry had come in at 8 O'Clock in
the morning and said Miss Cling had been
found dead in the road how he went to
Harry's room with him and watched him
clean his revolver.
The room was packed to suffocation and
everything was depressed. There was an
air almost of terror in the atmosphere.
The faces of the vast concourse of people
bore expressions as if their minds were
laboring under great mental disturbance.
Gradually, from the time that W. W. Err
win had taken Adry Hayward for cross
examination, this feeling had been grow
ing. 1t reached its height when Mr.. Err
win asked Adry to explain how his
brother acted when he told him he would
hang if he persisted in following out his
scheme. Adry explained how his brother
had turned black in the face with passion,
how he had bent toward him and passed
his fingers around his neck and over his
face In order to explain it more fully
and make the witness appear more ride
ulous before the experts, Mr.. Erwin asked
him to illustrate the action. The witness
stepped easily from his chair to the table
where Mr.. Erwin and the prisoner sat.
He went over the story and explained his
brothers. actions. AS he bent over, his
face was only foot from that of his
brother and facing Harry sat somewhat
limp in his chair, leaning backward, the
scene about him much like the corner of
ring in which pugilistic champion had
received blow. Every eye in that room
was bent upon the scene. Every specta-
tor rose from his seat. There was
rustic of excitement.
"Look him in the eye, Harry! look
him in the eye!" cried the mother. Har
ry did not move. His mother shook him
and he reused himself, and leaning far
over the table toward his brother, his
head on his hand, tried to catch his
brothers eye. Adry was talking so rap
idly and excitedly that he did not see
him, and Harry could not catch his
glance. He slid back in his chair and
looked at his brother as if to say that he
was not equal. If that eye could have
controlled the elder brother in the past, it
had grown powerless.
The day was filled with exciting Incl
dents. Once when Mr.. Erwin asked if he
had any affection for his brother, he re-
piled that he had. Then he asked,
knowing Mr.. Erwin's intention, if Mr..
Erwin wonld have gone and told anybody
if he had been in his position. Mr..
Erwin was trifie excited and asked the
court If he might answer and to his sur
prise the court said that be might. Then,
for moment all his pent-up feelings
burst forth in short scathing sentence,
in which he gave Adry to understand that
if he thought his brother was crazy or in
tending guilt, he would have moved
heaven and earth to prevent it. 1t was
startling scene for moment.
The most dramatic and affecting scene
occurred on adjournment. Hardly had
the crowd begun to move toward the
doors than Adry Hayward pushed his
way to his mothers side. Mrs. Hayward
turned and the tears sprang to her eyes
as she sprang forward into Adry's arms.
The son kissed his mother who sobbed
out "Adry, Adry; how could you do it?''
Adry was visibly affected, and placing
his hand to his eyes, his other arm en-
eircling his mothers FORM replied:
81 had to, mother; it was my duty"
Then placing his hand upon her Shout
der, he endeavored to comfort her. Har-
ry, who stood by during this affecting
scene, stepped forward and pushed Adry's
hand from the mothers shoulder, ex-
claiming: Don't Adry, can't you see
you are exciting her?"
Adry fell back and Mrs. Hayward was
led from the room.