The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1895-02-22
A VERY WEAK DEFENSE.
Harry Hayward Proves a Poor Wit
ness for His Cause.
NO POINTS MADE FOR HIMSELF.
While in the Forenoon he Was Perfectly
at Ease and Quick to Answer, In the
Afternoon He Made n had Impression
Upon All in the Court Room,


Upon All in the Court Room. ...
M1NNEAroLIs, Feb. cav. w. Hay
ward, father OF the defendant, was called
to the stand again yesterday. The state
asked several questions with reference to
conversations held with Elder Stewart
but objections were entered and sustained
William Yale, gunsmith, was then
placed on the stand, and the revolver and
box of cartridges produced.
Blixt testified that the bullet was a 3S.
caliber long, and the cartridge in evidence
as the one which killed Miss Cling was q
Is short Witness confessed that he did
not know of the effect of bullets on q
skull. In the absence of other experts Mr.
Erwin called Harry Hayward the defend
ant 70 the stand After the usual prelim-
mary questions Mr. Erwin said:
Mr.. Blixt and Adry Hayward have
both testified against you. Have they ties
tilted truthfullyY" "They have mott
Has the testimony of Adry been true
or false?" almost wholly false"
Questions relative to trouble between
the brothers were objected to and sus-
tanned
Hayward testified that Adry had seen
Miss Cling They were in buggy to-
gether one night with another young
lady.
Another row occurred between Judge
Smith and Mr. Erwin over the admission
of certain testimony.
Hayward then proceeded to tell Of his
relations with Miss Cling, He denied that
any improper relations existed between
them. His attentions were those that ex-
list between any young man and women
"a sod.
almost every city of any size in the coun-
try. Miss Cling had given him money with
which to gamble. He tried to dissuade her
from gambling, but she persisted in max
Ing him take her money to play Letters
were rcad bearing out this statement.
Harry described the various winnings
and losings he had made for Miss Cling
While in Chicago he had lost 81, $50. He
explained the kilograms he had sent from
Chicago at length.
Nervous, contradictory, uncertain, gar
rulous. rambling and explanatory. These
words explain the aspect Of Harry Hay
ward on the stand in the afternoon. In
the morning, when he was answering pre-
liminary questions in regard to his life
his gambling habits, etc, he was concise
perfectly at case, quick to answer and
made an Ideal witness. In the afternoon
when his attorney began to lead him into
the details of the circumstances attending
the tragedy he went up in the air." as a
horseman would say, and made bad i'm
preston.
In fact, Hayward made such poor job
of telling his own story that the court
suggested that 1t would be better to get
on with the evidence, and not to explain
motives and beliefs so much.
As a whole, from the testimony given
by the Witness be has not made any points
for himself, and his appearance has told
against him According to his story his
gambling deals at Chicago with Miss Cling
as a partner were in the early part of the
year, and finally in August he refused to
use her money for that purpose The wit
ness tried to carry the impression to the
Jury that he suspected that she was pur-
suing her gambling with others, but 1t
was only by inuendo. One queer point
was that while Harry insisted that he
never loaned Miss Cling the g.. 800, but only
gave it to her to keep for him until he de-
manded it, her note to him refers to IL as a
loan.
One feature was when he took THE long
letter written to Miss Cling by him, in
which he wanted her to let him have
the money. In the original there appeared
some very light pencil marks. He tried to
explain that he did not know they were
there when he wrote and finally said 10
did not make any difference anyway, for
the meaning was the same whether the
pencil words were used or the words in
Ink, If he had made the marks he thought
they would have been in ink.
The most interesting part of his evidence
to the audience was when he came to that
part of his testimony which brought to
tho day of the murder. He was more halt
ing, more uncertain than ever at this
point Harry swore that the night OF the
murder he arrived at the Ozark at Gao
o'clock Then he told of doing an incrcd.
ible number of things before 7;22, the time
he came out from supper and went to his
fiat.
The prisoners evidence was hardly be-
gun when court adjourned until Monday.