Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1895-02-15
It VIII be a Badly Mixed Plea Of
Alibi and Insanity,
The Insanity Being Charged Up tc
Brother Adrian.
The Attorneys for the Defense
Outline Their Case to the Jury.
Adry Declared to be Insane.
Blixt's Evidence to be I'M
peached-Harry Hayward Will
Go on the Stand.


II was the defense's turn in the Hay
ward murder trial to-day and there was
eager curiosity to learn what
tack Attorney Erwin and his as
sistants would pursue. The
defendants demeanor upon entering
the court room was positively jubilant
He nodded to some lady friends in the
front row, and then spying his mother,
went up to her and said: Good morn
ing, little mother" and kissed her up
turned lips.
When John Day Smith arose to ad
dress the jury in his deliberate fashion,
Harry faced squareIy around to the
jury aud scanned their faces as the
words fell from the lips Of his counsel.
Before the court opened he found time
10 tell the reporters that the report
in q morning paper TO the effect that he
had remsrked: They are going to
hang me" was unQuahfledly false, and
that be had never given utterance 10
any such statement.
Attorney Smith, in addressing the
jury, called attention to number of
things the State had promised at the
outset to prove, and which he said it
had not proved. Ii had not shown that
Hayward had secured all Miss Ging'S
money, as she had a balance In bank at
her death; it had not showDthat he had
been out riding with her the Wednes-
day ana Saturday evening
BEFORE THE MURDER
as promised. The defense admitted
that Harry was gambler and deplored
the fact, but asserted that he was not
on trial for gambling, but for murder.
Gentlemen Of the jury" exclaimed
the attorney, 1.-THE mute form OF Cath
crime Cling lying at the county morgue
gives the lie TO Claus A. BliXt The
evidence presented by the defense viii
/ fairly prove to you that Claus a. Bixt
pounded the woman's head almost 10
! Jelly before he fred the shot, and then
only fired it when he thought she was
I not .ead.
There Is a witness with whom we
are confronted here who is peculiar in
many respects. We will show you that
he has led a shiftless life. lie was in
VOWED 10 this case at the beginning and
was put through the sweat pro-
cess and showed the proveroial
/ jealousy of the elder brother.
You will remember that 10 the
| beginning of his testimony he looked
with pity on bis brother and said: i
do not blame him for making the best
defense be can You will remember
how, later, when his mother was sitting
yonder, that mother who has borne him
and watched over him
WITH TENDER soLICITUDE,
he told Of q quarrel he had with her and
other member of the family, and had
said to that mother: Why did you raise
such q litter of pups"
He was peculiar man in many re
spects and had a diathesis from which
he could not separate himself. Experts
are here for the State and the defense
and they will be examined on that point.
There have been no less than six mem
bers of the family confined in the aSy-
INN because they we're insane. We
claim that Harry is much more sane
than MS OrObueI AuIy'
We will establish complete alibi for
Harry HAYWARD at the time he was said
10 have been at the Renwood boulevard
giving RliXt directions. 1--WE expect
TO compel the bloody clothes found on
the shores of Lake Calhoun to be
brougbt into court. The defendant will
TAXA the stand in his own behalf on the
heel of the testimony given by Adry
Hayward and Blixt, and that's
ALL THERE Is IN THIS CASE"
Harry Hayward comes into this
COURT concluded Mr.. Smith, "con-
fronted by the testimony OF brother
whose heart is filed with deadly en-
nifty"
John Walsh, keeper of the morgu
was the first witness. He described the
Incidents connected with the bringing
Of Miss Giug's body to the morgue.
Terrence Connolly, Jr., an under
taker. produced the clothing which had
beep turned over 10 him bY Walsh.
Nearly the whole afternoon was
snent in the examination OF police oiti-
GERS VINO swore that there were poin /
I'd shoe tracks and buggy wheel
marks at the scene OF the TRAGEDY,
there was nothing especially significant
in that. for the officers had two buggies
Al the scene, and the doctor had driven
one.
Then the alibi theory was begun and
iorty minutes we're spent questioning
the usher at the Grand Opera House
over point which tho State will admit
tbat Harry was al the theatre with Miss
B,rleson the night Of the murder
Tomorrow George Hitchcock, who
took Buxt's statements, will be exam
med in an attempt TO imDeach Blixt.