St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-02-10

Ter, anu ludI l. WOuIu Ike ~ otC tHOoS
kilograms and papers. So l ordered a
carriage, and l suggested that someDoaVS
else go along besides he and i, and he
said he would rather go alone; but we
discussed the matter little, and finally
he consented to have Mr.. Doyle go with
us. And we ordered carriage fnally,z
and Mr.. Doyle and Mr.. Hayward and
myself got into the carriage and drove
| up to the Ozark flats. We went up to
| his room, and he opened his trunk anu
| valiSe and took ont some papers anu
| passed them over TO me and told me
should read them; | told him l had no1
interest in reading his papers, and flnal-i
| ~ he handed ne all of these papers. 9
| Q. He was the first man who tod
! you about the paper52 A. Yes, sir.
| @. And this was not a discovery at
all; it was matter which he yolun-.
| tarilY brought to your attention? A.
| He told NE about them that mornings
and that was the first l ever knew that
| the young woman gambled at all. he
| told me about her gambling.
Mr.. Erwin.-Theu, so far;aS these pa
| pers are concerned, have no objection
10 them.
(The papers were here received in ey-
| idence.)
Examination by Mr.. Nye.
! Q. Now, ask you to read the first
memorandum and state whether there
! was any further explanation made IN
| regard TO it
Mr.. Erwin-Just read it to yourself
| first.
Mr.. Nye-I have offered it in evidence
| and l understand there is no objection:
| Mr.. Erwin Ii your honor please.
don't understand exactly what they IN
| tend to bring out here.
The Court cannot see but one OBJ.
| ject in this, and that is 70 show the re-
| lations existing between the deceased
and the defendant.
Mr.. ErWin-Then why is it put ID
caIegorically here by reading papers;
| Why can't he state what Was said and
let the jury read the papers?
| Mr.. Nye-There is one memorandum
here, the second memorandum, that
needs some explanation.
@. State what he said in reference to
! these papers which you hold in your
! hand? A. He first handed me, l won't
! be positive about the order. but l think
| be first handed To ME this one. (lndI-
| cating)
Mr.. Erwin would like to know
! whether the intention is to prove sOme-
thing confcssatory?
MIR. Nye-NO, sir; nothing more than
| putting these papers in and showing
! the business relation between the de-
! PENDANT and the deceased.
Mr.. Erwin shall have no objection
| to that and shall accept it with the
reservation that if it shows anything Of
| that kind | shall have the right to move
| TO strike it out after further eXaminas
! ton.
The Court-The testimony will be
! confined TO his examination Of those
! papers.
| Mr. Erwin want to reserve the
! right to strike out and cross examine
this witness ON this paper, if it should
! be Intended for anything Of that char
acter, something confessatOry.
The Court-Very well, you shall have
| the right to do so.
| Q. Now state the order in which lie
! gave them to you and what, if anything,
| he said concerning them? a. The first
| paper he handed me, as l IecOllect now,
! is the paper marked, or dated rather,
| May 9. 1894
@. That is marked exhibit OIL? a.
| Yes, SIT. That is to show
Mr.. Erwin object to this way Of
| examination.
Q. Well, very we'll: go on in refer
ence to the next one? a. He said this
was paper that Miss Cling had given to
him and ne had signed it, and it was
! the first money transaction between the
! two in reference to gambling. and
[ he said IL was receipt. for the.
! money which she had loaned to him to
put into gambling operations. l think
| ne said the receipt, with the exception
| of the signature, was in his handWrib-
I ing. The next one he said was men,
! Orandum of kilograms which he had
! sent her. He showed me two kilograms
! he had received from her whenhe was
! in Chicago, both of them dated June II,
| and he SAID: This sheet contains the
memorandum giving the substance of
my answers to her kilograms, and the
! first telegram | sent her." And then
| he read them and explained them.
0. Now, the kilograms which he re-
| ceiVed are those, exhibits and 4? A.
! No. sir. Exhibit SO is memorandum
| of a telegram which he sent to her from
! Chicago, copied by himself in Chicago
at the time he sent them; they are
| copies. Exhibits Q-3 and 4 are the
| original kilograms received by him from
| her in answer TO his kilograms to her.
q. ANY further explanation made in
regard to them? A. Yes. He called
| my attention to the first memorandum
| at the top of exhibit o., as the copy of
! the first telegram which he sent to ner,
| that is, the substance of it; he did not
| pretend that these were accurate copies,
| but only the substance, which read,
awe are $500 winners"
And the next one he read to me was,
| ave are $500 winners"
| And the next telegram, 1--WE have
made loss; telegraph me at Palmer
! house, lis; this. together with what |
| mil ne Out Won faiI in,
| this you may have loss. Send at
| once. H."
Then ne said the telegram which he
rot from her in answer to the one
marked exhibit GA reads as follows:
! minneapolis, MIMI, June y, 81
| Mr.. Il. T. Hayward, Palmer House:
Can't send. Hope you have not lost
| everything. L ATE"
! lie said his answer to that was this:
Nothing is certain; our chances are
| good. very good; if you fail in this we
will have loss. Spell my name cor
| rectly"
His explanation of that was in order
| to get the money upon the money order
| it was necessary that his name be spelt
| correctly. The telegram which he re-
! ceiYed i'll answer to that his name
had been spelled hayward. And he
| showed me that his name was not
| spelled correctly in the telegram that he
received from her. And then he said
very shortly after that ne got this tele-
| gram for her, Exhibit No. 3, which is as
| follows:
Mr.. Ii. T. Hayward. Palmer House
| If you are sure of winning will send it.
KATE"
Then he said his answer to that was,
"Our chances are now better, send it,
Immediately and l think we will be all
right" ssa
Nv are out of luck! Have lost COM
| pletely." lie said that was another teIa-
gram that he sent after that, I'VE are.
out of luck! Have lost completely" n;
The Conrt-You did not read Exhibit
| No. l. Exhibit No. reads: n
May 9. 1894. This is to show that l
| have put S275 in Harry L. HaYward's
| hands 10 gamble with, win or lose.
KATE GING. 80
The ex-mayor testified that immedf-
ately after that he went with HAYWARD
to the Minnesota Loan and Trust conn.,