Birmingham age-herald., 1895-02-20
THIRD MAN THEORY Is Now tb SPlan for the Defense
 win the Trial G0IL1S ON IN MINNEAPOLIS Be shning to Look Bad for Hay Ward-LaWyers Become
 Unruly in Court.
.0IES ON IN MINNEAPOLIS

MINNEAPOLIS, Minn., Feb. 19.-The Hayward trial dragged this morning, and rather dull and uninteresting time was spent by the crowd present. Mr. Edward Goodsell was recalled to the stand this morning, and Mir. Erwin examined him. His testimony related to large sums of money in the defendants possession while in Chicago.
 Mir. F. C. Erhardt, brother to the man who discovered the body of Miss Ging, was next called. His brother had come to the house and told him that there was a deaG body in the roaes They took a lantern and with a brother-in-law vent to the scene. This was about s:3o O clock.
 My brother,' said the witness, "stated that he had met a rig the other side of the hill. My brother went to the tele- phone and my brother in Jaw aud I stayed. could not see how she could have fell out of the buggy. The toe marks were dragged little.''
 In witness opinion the woman was thrown out of the buggy.
 side?''
 s'She was lying more on her stomach than the right side. The toes were on the ground and the heels up in the air. The body from the waist up might have been turned on the rlgnt Side some. -
 'sAre you sure the heel track was hers?''
 "Yes, sir; it was the only track near.''
 "Ihe appearance indicated that she pitched out of the buggy head first, did it not?'' asked Mir. Nye.
 "Yes, sir. My brother said he had met buggy, and was impressed that the body had been thrown out.'
 MT. Erwin was not satisfied with this, and asked: "Now you found heel track. There is no way In the world woman onull ha hroy ypu 1T n n her had nd defri ka on her feet, is there?''
 Witness could not see how it could hap pen. 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 man ufacture to break down the testimony of witness. Like a Hash Attorney Nye sprung to his feet, exclaiming: "I'll show you whether this testimony is manufac- tured or not before ges done.'
 "We will show you that there has been testimony manufactured, was MT Err win s retort.
 fairly shouted "And will show where you have emanufactured evidence before l get done with this case. will hunt you down to the end of the earth. At this. point the court interfered, ex- claiming: "Gentlemen, cease or will fine you both for contempt Mir. Nye could not cool down so readily, however, and remarked in a voice that could be heard throughout the attorney's iucosure: "I will teach Erwin to come here aud shoot off his mouth.''
 MT. Erwin also excited the wrath of the court by endeavoring to show that the po- lice had persecuted his witness. The court had already warned tbe attorney that this line of examination would not be allowed, but the attorney made another statement in hearing of the judge, causing him to re- mark excitedly: "I think that the attor- neys should know better than to ask such I |, ,iK,lr ia ina Mir. Nye then took the witness, MT. Cfindall. the latter testifying that the man who got in the carriage that night wore pointed toes to his shoes. The de- fense will endeavor to prove that this was the man who conspired with Blixt to kill Miss Cling.
 The Hayward defense is working the "third man' theory and is putting in testimony to show that it was some other man than Harry Hayward who planned the murder.
 Julia B. Walker Of St. Paul testified this afternoon to having seen Miss Ging several times in St. Paul with a middle-ag man, who wore an iron gray mustache. The de- scription given by this witness does not tal- ly with that of Wilson or Grindali. The latter testified that he saw man enter the buggy in which Miss Cling was riding af- ter she had driven a block from the West hotel.
 There was terrific row today over the attempts of MT. Erwin to draw from this witness description of the abuse to which he had been subjected by detective named Hoy and police officers.
 Mir. Nye made an objection every time question was asked about Grindall being persecuted. The court sustained every obs jection to testimony of this kind, but Mr. Erwin persisted in an effort to get the evi- dence on record. Judge Smith sharply re- proved the attorney.
 Grindall swore this afternoon that efforts had been made to corrupt his testimony by an attorney, Charles Ebert. Ebert, he says, has bsen representing himself as one of Erwin's men.
 The man said he did not find out till last Saturday that Ebert was working for the state. Several other witnesses testified concerning the shooting, but while their testimony may have some bearing upon the case later in the proceedings 1t did not ap- pear material at the present time. The defense wanted to recall Liveryman Wil- son, who was so positive that he saw Miss Cling and Harry Hayward riding together on tho night or the murder, but found he had taken a hasty trip to Missouri.