St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-03-01
THE DEFENSE RESTS.
State i'm Rebuttai-Those Tooth
pick Shoes.


AT this point Mr.. Erwin said: eff
your honor please, we have no other
witnesses at the present time, and
we therefore rest our case with the
court and jury
The announcement occasioned a
little surprise, despite the fact that
Mr. Erwin stated Wednesday after
noon that he would finish by noon
Thursday. Judge Smith asked him
II he wished to reserve the right to
put in the newspapers mentioned,
and the attorney said he did. At
the request of Mr.. Nye a recess of
flve minutes was taken.
OllVer @. Terrence was sworn and
examined by Mr. Hall.
y. Were you over near the scene of
the homicide of Miss Cling on the night
of Dec. 5? A. Yes; sir.
=. Did you hear the testimony of
Officers Bean. Plummer, Getchell and
others about foot prints or foot tracks
found in the vicinity of the place
where the body of Miss Cling was dis
covered, found on the road? A. Not
that night. No, sir
Q. You didn't hear the testimony?
A. No, sir.
Q. 1t was testified to by them
Mr.. 'Erwin-Wait. There is no foun-
dation laid to impeach these officers.
Mr.. HALT is not for the purpose of
impeaching officers. 1t is for the pur-
pose of explaining. 1t is not impeacl1-
ing testimony, but is rebutting testi-
mony.
Mr. Erwin-Then the testimony is
immaterial. =,
The Court-Overruled.
Mr.. Erwin-Exception.
Q. Were you over in that vicinity
that night? A. Yes, sir. That even
ing 1 intended to go
Mr.. Erwin-Objected to as immaterial,
Q. Well, who did you go with? A. l
went with Mr.. Jones and Mr.. Lane.
& With f. ren' c to the ,imo o. the
arrival of the patrol wagon, when was
it you got there? A. We started ITO,
walk over, and the patrol wagon over
took us, and asked us if we didn't,
want to ride, and we got in the patrol;
wagon. ,,
Q. Did any of the gentlemen who,
were with you, or did you yourself
have on pointed shoes? =,
Mr.. Erwin-Objected to as imma-,
terial as yet.
@. Well, did you get out of the
patrol wagon in the vicinity of the
body? A. Yes, sir. 80
Q. Did the other gentlemen get out?
A. Yes, sir. this side of the body.
First we walked up to the body and
observed about it's position, and awe
were there several minutes before thei
body was takn up, and we walked
about in that vicinity. a;1f,. a. .,,3k saaS
O.. You walked about A.. On all
sides of the street. .,e,i,e
Q. In what direction from the body?
A. I couldn't say; in all directions
from the body; from one side of the
street to the other.
Q. Did either you yourself or any
of the other gentlemen who were walk
ing about at that time described have
pointed shoes? A. l couldn't say as
to that
@. Did yon yourself? A. I don't
think you would call them pointed
toes, no, sir.
Q. The ones you have on now? A.
No..
@. Well, whas sort of shoes were
they? A. They were No. SIS
Mr.. Erwin-Objected to as inmate
rial.
The Court-Overruled
Mr.. Erwin-Exception.
Q. What sort of sole did they have?
A. A thin sole.
Q. What sort of toe? A. Rather
rounding; I don't think you would call
them a pointed shoe, or exactly
Q. Do you know as to the shoes
worn by the other gentlemen? A. No,
sir -qt
Q. They were not razor toes, but
they were more pointed than those? A.
| couldn't say.
M. J. Griffin, a paperhanger, testified
positively that he was at the office of
the Haywards in the Oneida block Nov.
80 and that w. w. Hayward, the faith
err, was not there.
r. r. Odell attorney for Blixt, said
he was present when Blixt made his
statement to Miss Wachter, and that
he in no way implicated Adry Hay
ward in the murder.
A recess was taken until 2 p. m.