The morning call., 1895-02-12
OF His Brothers. Relations With Miss
Cling,
PUTTING HlRRY'S NECK III A MOOSE.
The 6Ourt Thinks the Witness Is Of as
Sound Mind as Some Of the
Attorneys.

ing Catherine cling, waSln court this morn
ing before the trial began. His wife sat
beside him with traces of recent tears upon
her checks, but Adry maintained a mask
of smiles and ,ioyiality. When Harry was
brought in by the deputies the eyes of the
brothers met, but there was no sign OF
recognition other than a smile of commis-
seration on the face of Harry. DR.. Thad-
deus T. Hayward, the third brother, was
present and was visibly more cordial to
Harry than to Adry. 1t is understood he
win 60 on the stand and state that his
brother Adry IS mentally incapable and III
fact insane. When asked this morning
whethenhe would be witness, he refused
t6Eeither affirm or deny it, and when fur
ther questioned as to whether Adry is IN
sane, he replied:
"If he is not, he's been very near 1t sey-
eral times in the past"
The direct examination of ex-Mayor
Eustis was resumed at the opening of the
court with the story of his interview in the
Oneida Bank with Harry Hayward about
1the loans he had made Miss Cling $ Mr..
Erwin interposed an objection that thefin-
formation had been obtained under duress
but this was overruled and the Mayor re-
peated the now familiar story. The cross
examination developed nothing but OBJ
jections from the State, which were sus-
tafned, and exceptions noted BY the defense.
Adry Hayward was then called to the
stand, and buzz of subdued interest went
around the courtroom. He stated that he
was 80 years old and Harry was % years of
age. He had come to Minneapolis twenty
five years ago from Macoupin County, H.,
where he was born. He was married and
had two children. He was employed in
his father office, where he transacted the
most of the loan and rental business.
Harry was not employed there, but often
came there. Harry had told him that
last summer and fall he was engaged in
loaning money on diamonds. Harry had
also told him that he had gambled some.
He told him of having loaned money for
Miss Cling, and having gambled with her
money.
At this point Mr.. Erwin arose and i'm
pressively said: Il wish to enter al OBJ
lection here. This witness has delusion
on this subject, and is in fact insane"
q don't see, said the court, "that he's
any more insane that some of the attor-
neys in this case.'
Il take exception to the courts ruling"
retorted Erwin, land to the courts re-
mark before this jury.' With that remark
he sat down and the examination pro-
ceeded.
He told me" continued Adry, "that
she had some notes secured by mortgage
on a hourmill ataHamel, and asked me to
20 out with him TO Hamel and see about
it. We drove out and / advised him
against the loan. He made it. Three
wssks later he came in and said he had
been very lucky, as the mill had burned
down and he would probably get the
money to handle. About the middle OF
September he asked me if 1 wanted to
make good money. / said yes, and he said
l could get about $1,000 if / was not too par
tichlar.
He asked me if [ was willing to kill a
woman for $1,000. ] said ! was not willing
to kill anybody. He said it was easy to
do it and nobody would be suspicious of
me. After that he said he knew hack
man that would do anything for him. He
said it would be easy to kill her in hack,
and, if necessary, the hsckmar could be
killed too. 1 asked him if the hackman
had family and he said he had. l then
said it would be an awful thing to kill
woman, let alone hackman. After that
he suggested getting her drowned in lake,
but that looked too much like suicide and
he gave it up. Then he wondered how She
wopld fall if he took her riding in buggy
and they should strike 4 boulder whether
She would fall in or out. After that he
talked about getting ner tangled up in the
lines ans having the horses run away"
Adry then told how on the morning of
November Harry had come to his fat.
"He took out a package of money" con-
tinued Adry. land asked ME if my vault
was open. l said no, as it was election
day. went with him to breakfast and he
said to say nothing of the money as he was
Supposed to be busted. He also showed
me a pawn ticket and three diamond rings.
Then be said he was through with me and
that l had not any nerve. He had found
man, however, who had nerve, an ex:
policeman named G. A. Blixt Then he
showed me the bills again and I made a
play to grab them. One Of them looked
like ASSOC bill; all the rest looked like 81
bills. Late in the afternoon he told Albert
Johnson in our Office that he was going
into the millinery and dressmaking bust
ness with little woman who was smart
and zknew all about it. johnson advised
him not to do SO, as sooner or later the
woman would do him up.'
Turning to the question of life insurance.
the witness said= "He said the dress
maker had been up in the New York Life,
and had passed the examination all right,
and there was some mistake about the
papers and they had to be sent back. She
had made a mistake in getting a $4,000 in
stead of a $1,000 policy. He was quite
angry and said: - her-he hardly ever
swore-' the fool, III kill her now anyhow,
if don't ever get cent. I'll make more
out of it now that she's made such -
bull of it, He went into fathers Office.
and made out three notes on blank forms.
These were signed on a Saturday Harry
told me the dressmaker was coming and
said: l guess I'll have you sign them as
a Witness said: guess not won't
have Anything to do with it. Then Harry
said: III have Jack for one and Bhxt for
the other. If you don't want to sign them
you 'dybetter get ont of here
II then left to do some collecting and
went home to luncheon. He told me on