The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1895-02-22
A VERY WEAK DEFENSE.
Harry Hayward Proves a Poor Wit
ness for His Cause.
NO POINTS MADE FOR HIMSELF.
While in the Forenoon lie Was Perfectly
at Ease and Quick TO Answer, in the
Afternoon He Made BAD Impression
Upon All in the Court Room.

MINNEAPOLIS, Feb. CIV. w Hay
ward, father of the defendant, was called
60 the stand again yesterday. The state
asked several questions with reference to
conversations held with Elder Stewart,
but objections were entered and sustained.
William Yale, gunsmith, was then
placed on the stand, and the revolver and
box of cartridges produced.
Blixt testified that the bullet was 49,
caliber long, and the cartridge in evidence
as the one which killed Miss Cling was a
3S short. Witness confessed that he did
not know of the effect of bullets on a
skull. In the absence of other experts Mr..
Erwin called Harry Hayward, the defend
ant, to the stand After the usual prelim-
mary questions Mr. Erwin said
"Mr. Blixt and Adry Hayward have
both testified against you. Have they tes-
titled truthfully?" "They have not"
Has the testimony of Adry been true
or falseg" almost wholly false"
Questions relative to trouble between
the brothers were objected to and sus-
tanned
Hayward testified that Adry had seen
Miss Cling They were in buggy to-
gether one night with another young
lady.
Another row occurred between Judge
Smith and Mr. Erwin over the admission
of certain testimony.
Hayward then proceeded to tell of his
relations with Miss Cling. He denied that
any improper relations existed between
them. His attentions were those that ex-
ist between any young man and women.
He admitted playing faro and roulette in
| almost every city of any size in the coun-
try. Miss Cling had given him money with
which to gamble. He tried to dissuade her
from gambling but she persisted in max
ing him take her money to play. Letters
were read bearing out this statement.
Harry described the various winnings
| and losings he had made for Miss Cling.
| While in Chicago he had lost 81, $50. He
| explained the kilograms he had sent from
Chicago at length.
| Nervous, contradictory, uncertain, gar
rulous, rambling and explanatory. These
/ words explain the aspect of Harry Hay
/ ward on the stand in the afternoon. In
| the morning, when he was answering pre-
/ liminary questions in regard to his life
his gambling habits, ETC., he was concise,
| perfectly at ease, quick to answer and
made an ideal witness. In the afternoon
when his attorney began to lead him into
| the details of the circumstances attending
the tragedy he went ''up in the air, " as g
horsemdn would say, and made a bad i'm
preston.
In fact, Hayward made such poor jot
of telling his own story that the cour
suggested that it would be betUer to ge
on with the evidence, and not to explain
motives and beliefs so much.
As whole, from the testimony giveI
by the witness, be has not made any point
for himself, and his appearance has tolC
against him. According to his story hi
gambling deals at Chicago with Miss Giny
as a partner were in the early part of TIN
year, and finally in August he refused t,
use her money for that purpose. The wit
ness tried to carry the impression to tn
| jury that he suspected that she was pur
suing her gambling with others, but
was only by inuendo. One queer poin
was that while Harry insisted that h
never loaned Miss Cling the s., 500, but onl
gave it to her TO keep for him until he de
manded it, her note to him refers to it as
loan.
One feature was when he took the lon
letter written to Miss Cling by him, il
which he wanted her to let him hav
the money. In the original there appeare
some very light pencil marks. He tried
explain that he did not know they wer
there when he wrote, and finally said
did not make any difference anyway, fc
the meaning was the same whether tn
pencil words were used or the words /
ink. If he had made the marks he though
they would have been in ink.
The most interesting part of his evidenC
to the audience was when he came to th5
part of his testimony which brought
the day of the murder. He was more hal
ing, more uncertain than ever at tn
point, Harry swore that the night of I'll
murder he arrived at the Ozark at g.
o'clock. Then he told of doing an incre
ible number of things before 7;22 the tin
he came out from supper and went to h
fiat
The prisoners evidence was hardly b
gun when court adjourned until Monda
A Health Commissioner Impeached.