St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-02-22
IS ADRY A RODBER.

reporters table and dictated the fei-
lowing offer3
IS ADRY A RODBER.
Harry Charges His Brother With
Crime.
at now offer to show by this wit
ness that sometime in the spring OF
'94, Adry Hayward, with a gang, or
with other persons, held up and robbed
the defendant, Miss Vedder and MISS
Catherine Cling; that Adry Hayward
took from this defendant in the rob-
berry a watch and SAG in money, and
from Miss Vedder a ring. That the
next day after the robbery, Harry
Hayward upon going into the of1ce
where Adry Hayward was, dlscoV-
cred him in possession of his watch;
that he asked him where he got the
watch and Adry would not tell him.
That Harry Hayward then told him,
That watch was taken from me in a
highway robbery last night, and you
have got to tell me where you got it.
That Adry Hayward then and there
refused to tell where he got it; that
Harry Hayward then locked the door
of the office, shut the transom and told
Adry Hayward if he did not tell him
he would whip him to death; that Adry
Hayward became very much fright
ened and fell down upon his knees and
begged not to be injured and said he
would tell him all about it; that he
there confessed the fact of the high
way robbery, and said that he did not
know it was his brother until he heard
l;e yn;o hn Oi
up the SAG because the other members
of the gang had it and if he asked
them about it he would be killed. He
then asked his brother to forgive him
and not to say anything about it; that
his brother promised he would not tel
anybody about it, and during the con-
versation that followed his brother
told him he did not see how his con-
science could allow him to do any such
thing; that Adry stated to him he had
| no conscience; that he had passion
| for those things and never was haunt
ed or upbraided by his conscience for.
his acts; that Adry Hayward from
that time on remained in that forgiv-
ing state until along in the fall somet
| time when Harry discovered that he
| was robbing his father. taking money
| from his fathers business; he there
fore told Adry if he did not stop rob
| bing his father he would expose the
whole matter of his life and career,
and from that time his brother has
plotted against him.
Mr.. Nye-Objected to as incompe-
tent, irrelevant and immaterial.
The Court-The objection is sus-
tanned The court rules that some of
it, perhaps, might be proper if there
was a proper foundation laid for it;
| but as a whole it could not be admit
| ted.
After innumerable objections, Mr..
Erwin asked the witness if he heard
his brother testify that he never saw
Miss Cling?
"He did," said Hayward.
"On what occasion?'
'1n the spring of the year as was
| driving between Lake of the Isles and
Lake Calhoun"
Mr.. Nye objected to this and similar
| questions and the court ruled that the
witness could testify as to where he
saw Miss Cling, but not as to the cir
cumstances.
@. Well, where did your brother
Adry see Miss Cling, just where: p.
Well, guess he could not see her very
plain-he probably felt of her.
@. Well, where was it? A. 1t was
on dark road, between the Lake of
the Isles and Lake Calhoun.
@. What time? A. About 0 o'alock
at night 1 should say it was in the
month of May.
O. Who else was present at the time
| he saw Miss Cling? A. Well, arcther
young lady that l would not care to
| bring her name IN here unless it was
necessary-she can be brought forward
| if necessary.
! @. Well, it will be necessary and
she will have to be brought forward
it was Miss Vedder, wasn't it? A. Yes,
! sir.
@. Now, under what circumstances
| did he see Miss Cling?
| Mr.. Nye-Objected to as incompe-
| lent, irrelevant, immaterial and no
| foundation laid. &
| Mr.. Erwin-May it please the cour,,
| here is a matter where I want to show
| absolute perjury on the part Of.
The Court understand what you
want to show; the objection is sus-
| tanned.
Mr.. Erwin-You have sustained this
| objection?
The Court-Yes, sir, to what you pro-
| pose to show. l believe it is an insult
to the court, when you know the court
has ruled out that testimony, to go on
here and try to show it in another way.
Mr.. ErWin-I take an exception to
your honors remark.
The Court-Well, I want to be treat
ed fairly and I intend to be.
Mr. Erwin Il don't hardly under
stand your honor's remark. This is
my position: Adry Hayward has testi-
fed before this jury he never saw Miss
Cling. Now, what I propose to show
to this jury is that he saw her under
such circumstances that he will not
forget it.
The Court have ruled it out and
you knew it before you asked that
question.
Mr.. Erwin-Now, if your honor rules
on that proposition that I cannot show
that, must take an exception.
The Court-You cannot show what
you propose to show
Mr.. Erwin-Yes, sir; very good.
offer now to show the same circum-
stances which I offered to show in the
first offer made with this witness, for
the purpose of showing circumstances
which would compel the truthful menu
ory of Adry Hayward to rememLefg
having seen Miss Cling.
Mr.. Nye-Same objection.
The Court-Same ruling.
Mr.. Erwin-EXception noted.
RELATIONS WITH MISS GING.
Harry Says He Was i'm Love With
the Girl.
@. Now, want to interrogate you in 1