The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1895-03-08
NYE Is STRICKEN.
The Hennepin County Attor-
ney Suffering From Nerv-
Gus PrOStratiOn.
UNABLE TO APPEAR IN COURT.
Defense Closes Its Case and
the State Calls Witnesses
in Rebuttal.

MINNEAPOLIS, March 1.-The defense
in the Hayward trial closed its case at
IL a. III. The remainder of the day was
spent in listening to evidence in rebuff
tai, which, although trivial in itself,
was yet important in upsetting some of
the far-fetched theories of the defense.
For instance, the toothpick shoe prints
which have been visible at almost every
point in Attorney Erwin's conduct of
the case were obliterated for all time by
the testimony of Oliver G.. Torrance,
the first witness called in rebuttal.
At the opening of court at 2 o'clock
Mr.. Hall informed the court that
County Attorney Nye had been sud
denly taken i'll during the noon hour
and was forced to give up and go to bed.
He said Mr.. Nye hoped to be able to
DE present in the morning, but
Mr. halls looks belied his words. 1t is
understood that the county attorney
has collapsed completely, and is suffer
ing from nervous prostration.
Last Witnesses for the Defense.
The first witness of the day was
James G. Ward, who testified regarding
conversation with Wilson, the horse
dealer. 1t was of little consequence.
Miss Ging's niece, Miss Ireland, testi-
fled to some immaterial matter. George
Grindall, one of the witnesses for the
defense, who swore to seeing the man
of the toothpick shoes get into buggy
with Miss cling on Dec. B, was recalled.
Foundation was laid in the questions
asked this witness for important rebuff
tai evidence by the state.
Paul Borne, the West messenger boy,
delivered note to Miss Catherine Cling
between and 10 the morning of Dec.
3. The party who gave him the note
was heavy set man with black NOUS
tache.
G. A. Warren, the Waterman at the
Jail, testified that Blixt had told him
that the reason there was no blood on
his feet after the murder was that he
let them hang ON the outside of the
buggy. Blixt later took the stand and
denied the impeaching part of the testi-
mony. The defense then rested.
Evidence in Rebuttal.
The state lost no time in starting in
on its rebuttal, calling o. G. Terrence.
The purpose of his testimony was to
show the valueless character of the
''toothpick shoe" evidence of the de-
fense Mr. Terrence admitted that
there were many people about the scene
of the murder that night. His shoes
worn that night were not what would
be called extremely narrow as to the toe,
but they We're narrow and might have
left such prints as have been urged by
the defense to indicate the presence of
an accomplice of Blixt.
M. j. Griffin, paperhanger, who has
been in the employ of the elder Hay
ward since last August, was next called.
This witness went to the Office in the
Oneida block on the morning of Nov. 80
at about 1890. 1t was about this time
that Adrian Hayward placed the scene
between himself and his brother, when
he had been trying to dissuade Harry
from killing the dressmaker. Griffin
testified that he called at the Office
about the time stated and that the two
brothers were there, but that w. w.
Hayward, whom he wanted especially
to see, was not there when he called.
Denies Miss Wachter's Story.
The attorney for Blixt was put on by
the state in Impeachment of Maggie
Wachter's testimony. 1t had been an
ticipated that Mr.. Erwin would bring
out some interesting details as to this
mans methods with Blixt, but after the
questioning by Mr.. Nye. during which
the attorney denied in toto every thing
said by Miss Wachter, the defense indi-
Gated that it had no questions to put the
witness. He was very anxious to get in
an attack on the young woman who
testified as to his seance with Blixt, but
side issues were barred and the witness
was compelled to hew near the line.
Mrs. Jeanette Hale met Hayward on
the way to the Bartleson residence on
Dec. 3 and testified that he was walking
very rapidly.
John A. Olson, whom Miss Wachter
talked with regarding the case and the
money she could make out of it, gave
some important impeaching testimony.
1