The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-02-22
HARRY TELLS HIS STORY
On the Witness Stand He Was Nervous
and Contradictory.
HE MADE A BAD IMPRESSION
When Hayward's Lawyer Began to
Question Him the Prisoner Got
Badly Mixed Up and Hurt
His Case Very Much.

the Young man accused of numbering
Miss Ging, continued to-day. County At
torney Nye could not shake his testimony
in the slightest.
By the testimony of Gunsmith William
Yale the defense established the fact that
the bullet which killed Miss Cling was the
same weight as one taken from IS short
cartridge. Blixt has testified that Harry
Hayward had told him that the cartridges
were 80 long.
Defendant Harry Hayward was called
and took the stand with arms folded and
teeth set. He declareds in answer TO
questions, that the testimony of Blixt
and Adry Hayward was false. He said he
knew the reason his brother testified
falsN against him, and Erwin asked him
TO explain.
The prosecution objected and the OBJ
lection was sustained.
Erwin asked: did your brother have
any fear of you for the reason that you
might make disclosures about him?"
"Ges, SIR" responded Harry.
The answer was ruled out.
Now you have heard Adry say he
never saw Miss Cling. Did he ever see
herr"
"Hc did; il was a narrow. dGrk road be-
tween Nicollet avenue and Lake Calhoun.
lie could not see her very well, but he
could feel her all right"
"Was he alone with her?'
ale was not
"Who was with him?"
81 would rather not tell, unless it is
necessary; tho young lady is here IN the
city,"
"What is the name; it viii be necessary
to know It," l1
"Miss Veddar. They were both with
him."
Nye objected strenuously to anything
further on this line and was sustained by
the court.
IL tell YOU" said Judge Smith, sit is an
insult to this court when you know that
what you are proposing to show has been
ruled out by this court, and you are trying
to bring it in in another way"
II mean no dlsrespect," said Erwin,
"and L do not think L deserve reproof.
Now, turning to the witness, / will ask
you about your relations with Miss
Cling"
WELL" said Harry, III was introduced
to Miss Cling, | think, in January, 1894, by
Mr.. Speaker, at a boarding house. | met
her at first, perhaps, as often as once a
week; after a while met her as often as
twice a week from July to August; on to
December we were what you might call
lovers, / suppose"
snow, I'll ask you if at any time while
YOU were lovers there we're improper rela-
tions existing between you of any sort?"
"No, sir; she was a true and noble girl
to the best of my belief, both toward me
and toward everybody else"
Hayward said he had gambled high and
had done lots of it. He admitted that he
hoJ tr,oI 10 Lno, a. from, IA Yuhlic hint
his friends all knew it. He said he had
gambled in almost every city in the coun-
try and named San Francisco, Los An
geles, San Diego and Cheyenne among
places he visited. Miss Cling knew no
gambled and took part in faro games her.
self
Nervous, contradictory, uncertain,
rambling and explanatory. These words
explain the aspect of Harry Hayward on
the stand this afternoon. In the morning
he made an ideal witness, but in the
afternoon, when his attorney began to
lead him into the details of the circum-
stances attending the tragedy, he made
bad impression. In regard to the
insanity theory regarding Adry, il an eX-
pert were to contrast the two, Harry
would be the sufferer. He was nervous,
and at times in his rambles of evidence
his voice would sink away until it was
hardly audible. As whole, from the
testimony given by the witness, he has
not made any point for himself and his
appearance told against him.
The most interesting part of his evil
dence was when he came to the part of
the testimony which brought him TO the
day of the murder. Ho was moro halting
and uncertain than ever at this point, and
his evidence was mixture from the tes-
timony for the elevator boy and Blixt.
Harry swore that on the night of the muir
der he arrived at the Ozark at 6:45
o'clock. Then he told of doing an incred-
ible number of things before 1855 o'clock,
the time he came out from supper and
went to his fiat. The prisoners evidence
was hardly begun when the court adj
journed until Monday.