The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-03-02
REBUTTAL TESTIMONY
EVIDENCE IN BEHALF OF HARRY
HAYWARD IMPEACHED.
Adry and His Wife on the stand
Experts Also Testify-Thc Cana
dian Insurance Case.


knocked more props out from under the de-
tense in the Hayward murder trial in re-
buttal to-day. Louis Benin swore that he
was present at the conversation between
Iiveryman Wilson and James Ward when
the former was alleged to have said that
it was not Harry but Adry Hayward he
saw driving with Miss Cling on the night of
the murder. Benin declared that the Hay
wards were not mentioned in the whole con-
versation. Ernest Gamash testified that he
saw George Grindell on the East Side many
blocks away at the very time when Grindell
swears he saw the mysterious third man"
get into the buggy with Miss Cling. Thus
are two important witnesses for the defense
impeached.
A gun expert was called to show that the
bullets in various makes of cartridges diff
fered in weight This was to offset Erwin S
coup showing that the cartridge used to kill
Miss Cling was a 3S-long and not 3S-short,
as Blixt testified
DIR. F. A. Dunsmoor, after a critical ex-
animation of the skull, testified positively
in answer to hypothetical question that
the decorations of the face and the fractures
Of the skull might have been caused by
fall from the buggy of the body, such as
was described by Blixt, or even that the
bullet might have caused the fracture. Mr..
Dunn, another expert for the State, fol-
lowed and gave similar testimony. Mr..
Erwin was unable to snake the belief of
either that the thing was possible. DR..
Dunsmoor had known OF double fracture
resulting from the fall OF Dody stanuins
on it's feet.
in his examination of the skull he found
traces of lead along the track Oh the wound.
George payette' tine .ne Harrv Harvard m to
Miss Cling Nov. so, swore that the note was
carried at 2:40 in the afternoon. he pro
duced the slip signed by hayward TO prove
it. This evidence dispro,sed that statement
of Harry that the note was given 10 the
messenger in the morning. .sa+ Adr,,
Mrs Adry Hayward SWore that Aury
took her riding the night OF April ~, Wnen
the hold-up occurred. she denied some OIL
Adrv HAYWARD corrooora ted his wife in
| regard to the drive He stated that MS
when they said he had threatened TO XIII
Mary g Mathss ans sister s Of MRS IN Ad 5ps
| dining room on the night of Dec. 3, and
| mat Harry ieIt there earlier than he as
ser ames u F n1s an old gentleman said he
| was standing on Fifth street WHEN he saw
! a load OF wood go by. A stick cropped OFF
and he picked it up to carry it. to his place.
| AS he was nearing the sidewalk Miss Cling,
whom he knew by sgnt' apoge a a19un naa 1l
| ran into him. He described the rig In de-
tail
| is probable that the trial will De Strung
| out much longer than expected. Mr.. Nye
| is reported tonight to be quite Ill.
Evidence In the Hyams Case.
TORONTO, Ont. March 1.--No abate-
| ment of public interest was shown when
| the third days preliminary investigation
| of the murder charges preferred against
| the Hyams brothers was begun this morn
| ing The court room was packed. The
| prisoners do not seem to feel any strain
| and both looked remarkably bright. I'll.
| Patton, manager OF the Imperial Bank,
| was first called and testified that Mrs.
| Martha Hyams had an account in his bank
in 1898. A check passed through his hands
| made by her in favor OF Dallas Hyams
| for 81 1864 on Sept. &c. 1898.
| This afternoon the crown called George
/ 1T. Rundy,s of the New Work Life lnsur-
/ ance Company, to the stand. The inten-
lad 'lad almost forced young Wells into put
| ting such heavy insurance on his life. mis-
| testimony, however. was OF a boomerang
| order and showed that he had to use all
1 the wiies and articles of insurance agents
before he could induce Wells to take out a
| policy. He also testified that Aylesworth,
| asked him before the deal: what COM
| mission will you give ii ! get you man
| who will insure his life for $4,000
Ten per cent. was the reply.
| Then Aylesworth introduced him to Wells
| and was Afterwards given his percentage,
| amounting to sss. Witness issued Dallas
| taken at different times. All policies were
| made payable to Dallas Hyams's wife.
| Richard Land, money broker, was the next
| at the time Wells was killed the brothers
| were financially embarrassed and had bor-
| rowed money from him at per cent. per
| furniture of Hyams in 1894, which mortgag
| was recently foreclosed.