The times. [volume] (Richmond, Va.) 1890-1903, 1895-02-20
THE THIRDjMAN THEORY.
LINE OF DEFENSE IN THE GLNG
MURDER TRIAL,
Hayward's Lawyers Trying to Prove That
Their Client Did Not Plan the Murder.
Spats Between Lawyers.

| MINNEAPOLIS, MINI, Feb. i9.-
The Hayward trial dragged this morning.
| and a rather dull and uninteresting time
was spent by the crowd present. Mr..
| Edward Goodsell was recalled to the
| stand, and MIR. Erwin examined him.
| His testimony related to the large sums
! of money defendants had shown him
while in Chicago. Mr.. +. c. Erhardt,
| brother TO the man who discovered the
| body of Miss Cling, was next called. His
| brother had come to the house and told
! him that there was a dead body in the
road. They took a lantern and with a
brother-in-law went to the scene. This
was about $50 o'clock.
MY brother" said the witness STATED
that he had met rig on the other side
OF the hill. My brother went 10 the
telephone, and my broter-in-law and L
stayed 1 could not see how she could
have fallen from the buggy. The toe
marks were dragged little"
In witnesses opinion, the woman was
thrown from the buggy.
Was the body lying on the right or the
left side?"
"She was lying more on her side than
the stomach. The toes were on the
ground and the heels up in the air. The
body from the place it struck might have
turned on the right side some"
Are you sure the heel track was hers?'
"Yes, sir; ii was the only track near"
"The appearance indicated that she
pitched from the buggy head fore
most, did it not?" asked Mr.. Nye.
Eyes. sir: my brother said he had met
a buggy and was impressed that the
body had been thrown out"
Mr.. Erwin was not satisfied with this,
and asked
there. How I'm the world could a wo-
man be thrown out on her head and strike
on her feet?"
Witness could not gee how this could
happen.
ANOTHER LEGAL wRANGLE.
A wrangle occurred between County
Attorney Nye and Attorney Erwin a
few minutes later. The latter stated
that he wished to show that testimony
had been manufactured to break down
the testimony of a witness. Like a flash
Attorney Nye sprang to his feet, exclaim-
ing:
'Ill show you whether this testimony
is manufactured or not before [ get
done.'
1--WE will show you that there has been
testimony manufactured" was Mr.. Err
wins retort.
Mr.. Nye's eyes flashed ominously, as
he fairly shouted back:
And | will show where you have manu-
factured evidence before L get done with
this case. | will hunt you down to the
end of the earth"
At this point the Court fnterfered. ex-
claiming:
Gentlemen, cease, or will fine you
both for contempt"
Mr.. Nye could not cool down so readily.
however, and remarked in a voice that |
could be heard throughout the attorneys |
enclosure:
II viii teach Erwin 10 come in here |
and shoot off his mouth"
Mr.. Erwin also excited the wrath of the |
Court by endeavoring to show that the |
police had prosecuted mis- witness. The |
Court had already warned the attorney /
that this line of veXation would not be |
allowed. but the attorney made another |
statement in the hearing of the Jury.
causing Judge Smith to remark, excited
ly:
II think that the attorneys should know
better than TO ask such a question. | |
think this is an insult"
Mr.. Nye then took the witness. Mr..
irindall, the latter testfyng that the
man who got I'm the carriage that night
wore pointed-toed, tan shoes. The de-
fence will endeavOr to prove that this
was the man who conspired with Blixt
10 kill Miss Cling
The Hayward defence Is working the
hird man theory and is putting In evi-
lence 10 show that it was some other
nan than Harry Hayward who planned
he murder.
ANOTHER RIG ROW.
Julia f. Walker, of St. Paul. testified
his afternoon to having seen Miss Cling
several times in st. Paul, with a middle
Iged man. who wore an iron gray mus
ache The description given by this
witness does not tally with either that of
Wilson or Grindall. The latter testified
hat he saw a man enter the buggy in
which Miss Cling was riding, after she
lad driven a block from the West Ho-
el. There was a terrific row to-day |
Ver the attempts Of Mr.. Erwin to draw |
rom this witness a description Of the
buse TO which he had been subjected |
y a detective named Hoy and police
Ulcers. Mr.. Nye made objection every |
lme question was asked as to Grindail !
eing prosecuted. The Court sustained |
very objection TO testimony of this kind
ut Mr.. Erwin persisted In an effort 10
ct the evidence on record. Judge Smith
harply reproved the attorney. Grindall
wore that efforts had been made to cor
lpt his testimony by an attorney, Chas.
bert. Ebert, he says, had been rep
asenting himself as one of Erwin's men.
he witness said he did not find out until
st Saturday that Ebert was working for |
ne state. Several other witnesses tes-
fled concerning the shooting. but while
leir testimony may have some bearing | q
Il the case later in the proceedings, II |
Id not appear material at the present &
me. The defence wanted TO recall [
iveryman Wilson, who was so positive {
lat he saw Miss Cling and Harry HAY ]
ard driving together on the night OF the [
urder, but found he had taken a hasty !
ip TO Missouri. l