Oakes weekly Republican. (Oakes, Dickey County, D.T. [i.e. N.D.]) 1883-1898, 1895-02-08

~>o SoheAuSAoA AiNeAy 10 n0 he0cned lSc.
fore tho End of the Month-Defense
Will Attempt to Prove Blixt Liar and
Adry Hayward Insane.
MINNEAPOLIS, Feb. 4.-The trial of the
Hayward case will probably not be over
before March l, and the third week
finds the state scarcely started upon the
case. Up to date there have been nine
days spent i'll securing a jury and OPEN
ing the case. Then the taking of testi-
mony was interrupted by the illness of
juror, and two entire days We're lost in
this way. AS a matter of fact the only
evidence thus far adduced to the max
ing of case has been the establishment
Of the murder by the identification of
the body, the circumstances of its find
ing and the formal testimony of the
coroner and his deputy that death was
caused, in their opinion, by the bullet
wound in the head.
Intentions Of the Defense.
/ While w. w. Erwin and his confer
rees are trying to keep the probable
line of defense in the Hayward case
from the public, little by little some
parts of it are unfolding themselves.
The public was made aware of portions
as SOON as Mr.. Erwin began his cross
examination of jurors, then followed it
up with more when the cross ss-examina-
ton of witnesses began. In this way
it was given out th2t insanity would be
an element, that Hhe defense was look
ing for that third man, the one with the
pointed shoes, that the murder must
have been done differently from the
manner described by Blixt, that there
must have been blows struck
Before the Shot Was Fired.
The fact of the matter is, the defense is
feeling quite buoyant. This is the way
it's friends reason. In the first place,
there is that reasonable doubt. De-
fined, this means that the state must
show it's case i'll such manner that
there is absolutely no other theory than
theory of guilt. IT, after the defense
has assailed the states testimony, and
introduced its own, the jury can follow
out a theory of innocence from the facts.
Under its oath, the jury is bound to ac-
cept that theory i'll preference to the one
OF guilty. 1t is not by preponderance
OF evidence that Il jury must select
which one Of these two theories is prob
able, but if the theory of innocence is at
NIL tenable, or even possible, the jury
nuct arcant IL and ocurit
Will Try to Impcach Blixt.
The defense has several hard points to
contend with. To begin with, there is
that damaging confession of BliXt star
ing them in the face as the one huge
specter. Mr.. Erwin brushes that aside
Blixt is a liar. He has told various
stories, all differing. The defense Sc
cures some of the people who have
heard some Of these stories, so that if
Blixt makes slip under ss-examina-
ton he can be impeached. Erwin hopes
with his wonderful skill at crosse exam
ination to make the jury think Blixt
is lying i'll order to screen a third party
This they think will be easy, for Blixt
will be so much potter's clay in Erwin's
udIltlS 1uey 10 uOC Ietlr bllXG as much
as Adry.
Is Adry Insane?
Adry is apparently IL gentleman and
man to whom the jury will listen.
What will be done with this lesser
specter? The defense will try, nay, SAYS
it will show that Adry Hayward is, and
has been, as visionary as the most
chronic imbecile, harmless, but incom-
petent. This is the intent. Insanity
will be shown to have been in the FAM
lily for years back, to add to the claim.
For this the dispositions from Illinois
will be used, if the court allows them.
So far Erwin expects smooth sailing.
What next? It is necessary to place be-
fore the minds eye of the jury the pos
sibily of a third party being in with Blixt.
The defense will try to show, at least
by innuendo, that Catherine Cling had
business transactions with other men
aside from Harry, who was only one of
her trusted male acquaintance. TAX
it all i'll all some lively sessions are
promised this week.