New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1895-02-06

Said That One Viii Be Sprung
+, the ayWard Case
y Soon
sBLI, rs EvIDE NICE NOT NEEDED
he Defense Will Attempt to.
Prove BIixt a Liar and
Adry Insane.

Prove Blixt a Liar and
Adry Insane.
MINNEAPoIls, Feb. The Tribune
says: The prosecution il the Harry
Hayward case has 9 surprise to spring
upon the defense q surprise which viii
take Mr.. Erwin's breath away.
tis.no less than evidence other than
that Of Blixt to prove Hayward's guilt.
Blixt will be placed on the stand prob
ably on Wednesday, but not later than
Thursday in any EVENT. unless there
should be an unforeseen delay in the case,
but the prosecution claims that is now
in a position where it will not Be obliged
to depend on his testimony in order to
secure a conviction. He might die, or
when he goes on the stand he may deny
the story he has already told. That
VIII Make No Difference
with the state side Of the case. Il is
prepared to prove its claims without any
reference as to what Blixt may say.
County Attorney Nye had a long con-
ference with Blixt at the jail. At that
conference the attorney was placed in
the possession Of [ additional important
facts watch nave not heretofore been
made public, and which will not be dis
closed until the witnesses upon whose
testimony they depend are placed upon
the stand, but it can be- safely said That
they are startling in their character.
Last Long Time.
Th trial will probably not be over
before March 1, and the third week
finds the state scarcely started upon the
case. Up to date there have been nine
days spent in securing a jury and open
ing the case. Then the taking Of testi-
mony was interrupted by the illness Of
a juror, and two entire days were lost in
this way. As a matter Of fact the only
evidence thus far adduced to the MAX
ing Of a case has been the establishment
Of the murder by the Identification Of
the body, the circumstances Of its find
ing and the formal testimony of the
coroner and his deputy that death was
caused, in their opinion, by the bullet
wound in the head.
Intentions OF tue Defense
While w. w. Erwin and his confer
rees are trying to keep the probable
line Of defense in the Hayward case
from the public, little by little some
parts Of it are unfolding themselves.
The public was made aware Of portions
as soon as Mr.. Erwin began his cross
examination Of jurors, then followed it
up with more when the cross-examina-
ton of witnesses began. In this way
it was given out that insanity would be
an element, that the defense was look
ing for that third man, the one with the
pointed shoes, that the murder must
have been done differently from the
manner described by Blixt, that there
must have been blows struck
Before the Shot Was Fired
The fact of the matter is, the defense is
feeling quite buoyant. This is the way
it's friends reason. In the first place,
there is that reasonable doubt De
fined, this means that the state must
show it's case in such a manner that
there is absolutely no other theory than
a theory Of guilt. IF, after the defense
has assailed the states testimony, and
introduced its own, the jury can follow
out5a theory of innocence from the facts.
Under its oath, the jury is bound to ac-
cept that theory in preference to the one
of guilty. It is not by preponderance
Of evidence that jury must select
which one Of these two theories is prob
able, but if the theory Of innocenceis at
all tenable, or even possible, the jury
must accept it and acquit.
Will Try to Impeach Blixt.
The defense has several hard points to
contend with. To begin with, there is
that damaging confession Of Blixt star
ing them in the face as the one huge
specter. Mr.. Erwin brushes that aside.
Bhxt is a liar He has told various
stories, all differing. The defense Sc
cures some Of the people who have
heard some Of these stories, SO that if
Blixt makes slip under cross amina-
ton he can be impeached. Erwin hopes
with his wonderful skill at cross exam
ination to make the jury think Blixt
is lying in order to screen third party.
This they think will be easy, for Blixt
will be so much potter's clay in Erwin's
hands. They do not fear Blixt as much
as Adry.
Is Adry Insane?
Adry is apparently a gentleman and a
man to whom the jury will listen.
What will be done with this lesser
specter? The defense will try, nay, says
it will show that Adry Hay ward IS, and
has been, as visionary as. the most
chronic imbeci1e, harmless, but incom-
potent. This is the intent. Insanity
will be shown to have been in the fam
ily for years back, to add to the claim.
For this the dispositions from Illinois
will bA usfd. if the f.fnrt al lnxus Them