The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1895-03-15

There was evidence sufficient to show
| that the veil or the hat were not
| thrown out of the buggy when the
body was elected. They were found in
the vehicle afterwards and carefully
placed beside the blood-stained corpse.
s'Some one found them and placed
them where they were found" said Mr..
Hail.
"No, sir; not so," Numbered Erwin,
"they were placed there by the MUIR
derer, and yet this liar and hypocrite
says he never left the buggy. Do you
mean to tell me that this hat would
have had all this blood on it if it had
been on the girls head, and, as the
murderer says, that he held her body
in an upright position and away from
| him?
| The Buckskin Mare.
In support of his idea of the way this
crime was committed, Mr.. Erwin cited
the condition of the buckskin mare
when she entered the barn after that
alleged desperate ride, without having
turned hair 1t was a remarkable
fact, this-and that the lines were still
|
equally strange. Why, such condi-
ton of affairs would have been impossi-
BILE had the horse been driven in the
manner described The horse and
buggy and innumerable other una]ter-
able facts confronted Blixt, and he
would have to confess again if he hoped
for forgiveness.
Speaking of the fractures of the skull
Mr.. Erwin said: "When you examine
them you notice the extreme length of
them and the construction of the two
plates. You have seen men and women
fall, and you must use your own COM
mon sense. You never heard of a man
falling down and breaking both sides of
the skull. The doctors differed. These
young men spoke, not from actual OBJ
servation, they are too young, but they
! spoke from the books. Such things are
laid down there, but they are the i'm
probable. These young men said re-
luctantly that it would be possible for
her to have cracked her skull in that
fall.''
The Mothers Testimony.
Taking up the testimony Of Mrs. Hay
ward, that Harry's doors were locked,
Mr.. Erwin said he was surprised that
the prosecuting attorney, Mr.. Frank
Nye, had asked the jury to turn down
her testimony. Blixt's wife herself had
said the doors We're always locked.
cit was sad mistake to criticise this
mother as a perjurer when the matter
was proved without her." said Mr.. Err
win.
Erwin urged the jury to consider
Harry Hayward in the best light of the
best Christian society in the city. 1t
was a libel on Mrs. Bartleson and
daughter to think they knew of his
character and permitted his society.
Harry's fondness for faro was extenu-
ated by the assertion that the last years
of Bacon's life were spent in playing
faro to discover the law of chance. The
best men Erwin or the jury ever knew
| played faro. Judges on the bench,
United States senators, lawyers,
authors, all had played faro.
The Tall Pine Called Down.
Erwin remarked that the court cor.
rectly would not permit him to show
where Adry was at 7:10. He referred
to Halls slip at asking Adry where he
was at that time, and said the defense
were waiting for that opportunity and
Jumped into it, Said he: "The court
was angry at the time, and, finally re-
alizing that it was all improper, ruled
it OUT
Hall arose and took an exception to
the remarks of the counsel, and Judge
Smith said:
81 think it in bad taste in the counsel
to comment before the jury on things
which the court has excluded. I do not
thank the counsel either for saying that
the court was angry"
81 beg your honor's pardon" said the
| willy Erwin. 81 did not mean it in that
way. I meant that your honor was ap-
parently perplexed and annoyed"
Hall Puts in Word.
The states case was before the jury,
distorted, manufactured, false, all done
to extenuate an admitted murder, all
the proof in the hands of the murderer.
''The two guilty men sought extenua-
ton and found it," said Erwin.
'They did not any such thing" said
Hall, "and you know it,
'Adry's talk to his mother shows it, %
retorted Erwin. ''The talk of the
county attorney, in which he spoke of
throwing the guilty man on the mercy
of the court proves it..
Erwin asked if ever man had been
SO oppressed and tortured before as
Harry Hayward had been in this case.
He did not believe it possible.
"Now, gentlemen of the jury, we are
through with the states case. 1t is in
pieces; no honest mind in this case can
be the warrantees of sentence of i'm
mediate DEATH"
Mr.. Erwin then commenced discus
sion of the relations of Harry Hayward
and Miss Cling, but had not proceeded
far when court adjourned.