St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-03-01
NYE is QUITE ILL
The Hennepin County Attor-
ney Suffering From Nerv-
Gus Prostration.
UNABLE TOAPPEAR INcoURT
Attempt to Secure an Ad.
journment Refused by
Judge Smith.
THE NARROW-TOED SHOES
Man Who Wore Them at the
Scene Of the Murder in
Court.
STORY OF A KALSOMINER,
What Mrs. Hale and Her
Daughter Saw the Night
Of Dec. 3.
THE NARRoW-ToED SHOES
STORY OF A KALSOMlNER,

The defense in the Hayward trial
closed its case at IL o'clock yester-
day morning. The remainder of the
day was spent in listening to evil
dence in rebuttal, 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 We're obliterated for all
time by the testimony of Oliver G.
Torrance, the first witness called in
rebuttal. Mr.. Torrance testified that
he was early on the scene of the mur-
der on the night of Dec. and wore
narrow-toed shoes, and that the
prints found near the spot where the
body lay were doubtless made by
his shoes. He said his shoes were not
of the extreme pattern of pointed
toes, but were quite narrow. 1t will
be remembered that several wit
nesses testified that the prints had
been made by narroW-toed shoe,
and no evidence was produced to
show that they were made by shoes
having the ultra-fashionable toe
with the razor points.
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 MIR. Nye hoped to be
able to be present this morning, but
Mr.. Halls looks belied his words.
1t is understood that the county at
torney has collapsed completely, and
is suffering from nervous prostra-
ton. An adjournment was suggest
ed, to which Mr. Erwin assented
magnanimously, but the ~urt de-
INJURED and asked if some ' < could
not be done. He wished to relieve
the jurors, and was very tired him
self. The attorneys held short
consultation, and Mr.. Hall decided
to call few witnesses.
An important witness in rebuttaI
was Mrs. Jeanette Hale, who lives
but few doors from Attorney Bar
tleson. Mrs. Hale testified to hav-
ing passed a man walking very
fast near the Bartleson residence
on the night of the homicide. Her
daughter informed her that the
man was Harry Hayward She had
every reason to believe that it was
he, although her testimony was for
the most part stricken out
Another witness of the state who
had something important to divulge
was M. j. Griffin, who was in the
employ of w. w. Hayward last Au-
gust as a paper hanger and kalso-
miner. Mr.. Griffin said he called at
the office of his employer in the
Oneida block on Nov. 80. but did
not find Mr.. Hayward in. Adry and
Harry were there, but w. w. Hay
ward, whom he wanted to see on
business, was not there This tes-
timony is very important, as the de-
fense has urged all along that the
scene described by Adry as having
occurred on that day could not have
occurred, as w. w. Hayward was
in the office at the time Adry testi-
fled that Harry told him of his
scheme to kill the dressmaker."
This was the interview too, on which
Mr.. Erwin hinged his insanity plea,
and upon which he hoped to estab-
lish the theory Of insane delusions
which beset the elder brothers path
way
A tremendous effort was made to
shake the witness on cross-exam-
ination, but he was positive of the
date and of the tir of day, and his
damaging evidence was not shaken
in any particular.
The state also called in rebuttal
Ed. .Eidam, young man who worked
at the time of the murder for A. ID.
Sewall, dairyman, whose place is
on the Excelsior road south of the
big timl er and the Erhart place.
Eidam's Story was to the effect that
on that night he was out in the
field watching for thieves who haS.
been stealing corn from the Sewall
place. He heard a shot from down
in the direction of the big woods.
which corroborated Blixt,s story as
to the place where the shooting was
done. Mr.. Erwin at once began fish
ing, and his blue orbs beamed with
a brighter light few minutes later.
when, in answer to a question as to
whether he saw or heard any rigs
passing there while he was out.
Eidam said he did hear one light
rig, with some people talking loud.
On being pressed he couldn't say for
sure whether the voices were of
men, but he thought they were. He
wasn't sure either if he heard more
than one voice, but this did not an
noy the counsel for the defense, who
philosophically suggested-to the
jury-that the voice Eidam heard
was not talking to itself. Eidam felt
that way about it, too, and there was
no earthly possibility of a row be-
tween the gentlemen. in spite of the
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