The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1895-02-08
THEHAYWlilIlDi, ,TRIAI
Minneapolis Murder case Begins,
eaa RayWae4sa Early KAoWls1ge
Of the Murder Il Clearly DxoNght
0at.

Ok 0A0 A0x00E - CAoo1ly U&O0BAt
Out.
Minneapolis, Feb. /. - The twelfth
Juror In the Hayward case was se-
cured this morning after the examtna-
tfon Of several incompetent candidates
from the country districts adjacent to
Minneapolis, and the case has been
opened by Assistant County Attorney
Hall In q speech some two hours long,
covering in detail the history of the
most revolving crime ever committed
In Hennepin county. The twelfth
Juror 10 John Dun, q farmer some
forty-five years Of age residing In Day
ton township. Dunn Is native Of
Nova Scotia, and, as a Juror, was &C.
'ceptable to both prosecution and de.
fense. The members Of the Jury are:
Lindsay Webb. insurance agent;
Caleb 8. Philbrick, lumberman; John
Smith. blacksmith; B. H. Nmberlake,
life insurance agent; John Kimball,
farmer, Champlin, MINI; Neal McNeal,
farmer, Dayton. Mimi; B. +. Dickey,
millwright; Charles Prlbble, farmer,
Champlin. MIMI; John Denny, carpen-
ter; 8. Fl. Dyer, boat builder, Excel.
sior; Michael Eckes, farmer, Brooklyn;
John Dunn, farmer, Dayton.
The presentation Of the state's case
by Assistant County Attorney Hall
was not ut all out Of the ordinary, It
being OH the whole plain narrative
Of facts, already well known. His
speech was low, and none except the
jury and those In the immediate vi.
cinity heard 1t In its entirety.
The one new point he brought out
in his speech was the fact that on
Monday, the day of the murder, Hay.
ward received from Catherine Cling q
certificate from the Travellers Insur-
ance company which provided that the
policy she held In that company was
to remain in force In case the insured
came to death at the hands Of pick.
pockets, robbers or any other person
who might threaten her life. Mr.. Hall
brought this point out strongly. com.
mcnting on 1t at length and the fact
that that very night Miss Cling was
murdered. After reading the indict-
ment charging Harry T. Hayward
with procuring the death Of Katherine
Cling. he reviewed the law, showing
that the accomplice is as guilty rs tile
man who fred the fatal shot. In this
case, he declared, the accomplicc was
even more guilty than the red-handed
murderer. Mr.. Hall then graphically
rehearsed the history Of the life of the
murdered girl.
Throughout 1t all Harry Hayward
sat unmoved, with arms folded across
his breast. Occa asionally he smiled at
some emphatic statement which the
state proposes to prove. The only mo-.
tive for the crime, said Mr. Hall, in tile
course Of his remarks, was nothing
more than to realize money on the In.
surance policy taken out in the name
Of the deceased by Harry Hayward.
OF this he promised to satisfy the Jury.
The crowded court room gave the
closest attention throughout the liear.
ing.
Among the spectators In the court
room this morning was DR.. T. Hay.
ward, a brother of the accused. He
occupied O chair close behind Harry,
and appeared to take more interest In
the proceedings than his accused
brother. Among others were the wife
and mother Of Assistant County At.
torney Hall, who came to hear the
opening address.
Minneapolis. Feb. 2.-There was In.
terest enough in the proceedings Of the
Hayward trial to satisfy the court
room crowd. It began with the de.
scriptions by Policemen Fox and
Moore 1.-the position Of Miss Ging's
body when found by them on the Ex.
celsior road. The questioning of these
witnesses was sufficiently minute to
satisfy the most morbid-minded audi.
tor. With the utmost insistence every
aetail OF the appearance presented by
the body aS 1t lay there In the road was
drawn out, and although most of the
statements thus ELECTED had been al.
ready made In the newspapers, the
crowd listened intently.
Mr.. Erwin wanted to establish by
Officer Fox the existence of tracks
made by sharp-pointed shoe in the
vicinity Of the body. 1t was stated at
the time of the murder that the prints
of a sharp-pointed shoe could be seen
IN the road, as though the wearer Of
round. The officer described the tracks
OF the buggy where 1t had been turned,
but knew nothing Of the alleged foot.
prints. There were good many pe0.
pie on the ground before he got there,
and large number of tracks had been
made. 1t would have been impossible
to distinguish one from another. The
questioning of Mr.. Erwin in cross.
examination seemed to indicate q
theory on his part that Blixt had q
confederate on the ground with him
When the Killing Occurred,
and that 1t was this confederate who
turned the buggy around.
The defense is already laying the
foundation for reasonable doubt. Con.
flict exists between the testimony Of
Erhart, who first found the body, and
the two officers who arrived later in
the patrol wagon. Erhart testified that
the body lay with the right side Of the
face downward on the road. Fox and
Moore agreed that the left side was
downward. Mr.. Erwin was particular.
ly careful to establish this point of
difference. 1t is perhaps a small mat
ter In itself, but with many such to be
used in massing the testimony the ex-
istence OF q reasonable doubt may be
established.
The testimony Of Moore. driver Of the
patrol wagon, as to what Hayward
said when at the station that night
shortly after the news Of an accident
had been received, created an impres.
sion among the spectators. and was mp.
parently not without its effect upon the
Jury. Moore saw Hayward at 20 min.
utes to IL. That was when he came to
the station with the younger Goosman
to inquire into the nature Of the acci.
dent. Hayward was very nervous and
excited, and wanted to know whether
the wagon had returned. Being in.
formed that 1t had. Hayward asked
for description Of the body, and
Moore got q description for him from
the TALLER.
"she wore black skirt, Q shirt
waist, sailor hat and q sealskin coat"
said the taller.