The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1895-03-09

struck before or after death tho veil
itself gave u full and sufficient answer.
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-stsiped corpse.
.'Some one found them and PLACED
them where they were found. Z said Mr..
Hall. s,..>. -. .gr,, ~.
'No, sir; not so," thundsrsd Erwin,
''they were placed there BIZ the, mar
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, o. 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 q hair. 1t was . remarkable
fact, this-and that the lines were still
resting across the dashboard, was
equally strange. Why, such q condi.
ton Of affairs would have been impossi-
BILE had the horse been driven in the
n described. The horse and
buggy and innumerable other unalter-
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
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-
lOCt0utly tAd IL WOuAO 10 OUoAO "
her to have cracked her skull in that
fall" .....
The Testimony.
Taking up the testimony of Mrs. Hay.
ward, that Harry's doors were locked,
MIR. 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 were always locked.
1T was a sad mistake to uriticise this
mother rs a perjurer when tho 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 eve knew
played faro. Judges on the bsnch,
United States senator's, 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 ITO. 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: 1.-The court
was angry at the time, and, finally re-
alizing that it was all improper. ruled
it out" rts ...~ 7
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. fdo hot
thank the counsel either for, saying thst
the court was angry"
II beg your honor's pardon" said the
willy Erwin. II did not mean 1t in that
way. I meant that your honor wis 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.
1.-THE two guilty men sought extenua-
ton and found it," said Erwin.
They did not any such thing" said
Hall, land you know it," y
"Adry's talk to his mother shows it"
retorted Erwin. 1.-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 II ever q man had been
70 oppressed and tortured before a.
Harry Hayward had been in this aSGase.
He did not believe it possible. 'Ni"E
Now, gentlemen of the jury, we are
through with the states It'ls in
pieces; no honest mind in this a can
be the warrantees of a sentence Of i'm.
mediate DEATH
MI. Erwin then commenced a discus
sion of the relations Of Harry Hayward
and Miss Cling, but had not proceeded
= $500 -ls---