The Princeton union., 1895-02-28
THE HAYWARD TRIAL
THE MURDERER OF CATHERINE
GING ON TRIAL.
Progress of the Celebrated Murder
Case ut Minneapolis-The Defense
Produces Witnesses in support of
the Third Man Theory.

the Third Man Theory.
Minneapolis, Feb. 23.-County Attor-
ney Nye resumed his cross-examina-
ton Of w. w. Hayward, father of the
young man accused Of the murder of
Catherine Cling. He was quite unable
to shake the old gentleman's story III
any essential particular, although he
demonstrated that the witness mem
ory as to dates and happenings at
about the time of the occurrence he
described was not the best 1t is a
remarkable fact that thus far in the
case, although both Nye and Erwin
are adept QueStionerS, neither has been
able to shake the testimony Of any Of
the witnesses on cross examination.
Mr.. Nye tried to establish by the SEN
ior Hayward that on Dec. 6, three
days after the murder, "Elder' Stew
art had told him the story that Adry
had told Stewart three days before the
murder. Hayward senior was unable
to remember when this conversation
had taken place. except that it was
after the murder.
William Yale, a gunsmith, and Rob
ert Weed. a jeweler, testified as to va
rious kinds of cartridges, the weight
Of bullets, etc.
Mr.. Erwin succeeded in establishing
that the fatal bullet was Of the same
weight as one taken from 3S short
cartridge. BliXt had testified that
when Harry gave him the cartridges
he had declared them to be 3S long.
Mr.. Nye strenuously, but in vain, OBJ
jected to this evidence, and Mr.. Erwin
was jubliant at his success.
Harry Testifies.
At last Mr.. Erwin said he had no
other witnesses present except the de-
fendant himself. Call Harry" he
added.
With his arms folded and set ex-
preston on his face, Harry Hayward
took the stand to battle for his own
life
He said, in answer to the usual pre-
!iminary questions, that he was born
in Macoupin county, Illinois, 20 years
ago. and had lived in Minneapolis for
25 years.
''Now," said Erwin, "N1r. Blixt has
testified against you, and Mr.. Adry
Hayward has testified against you.
Have they testified correctly?"
They have not responded the wit
ness, setting his teeth.
HAS the testimony of Adry Hay
ward given here on the stand been
true or false?'
almost wholly false"
do you know any reason why?"
81 do
, Explain it to the jury"
Il object" said Mr. Nye.
Sustained" rejoined the judge. II
suppose this is for impeachment"
"Oh no, your honor, I'm not trying
this whole case on the word impeach-
ment. 1 want the jury to know the
feelings of fear which might influence
Adry Hayward to testify falsely
against his brother. I want them to
know the TRUTH
the particular questions and answers
if you choose" said Judge Smith.
"You have heard your fathers,
mothers and brothers testimony"
said Erwin, finally, after consultation
with his colleagues, regarding the dis
crepancy in your brothers accounts
Did you have any trouble with him
about what he said to your mother?"
An objection to this was sustained
and Mr.. Erwin asked:
Did your brother have any fear of
you for the reason that you might
make disclosures about him?'
''Yes, sir" responded Harry before
Nye could object, but the answer was
ruled out.
Adry Was with Miss Cling.
"Now, you have heard Adry say
that he had never seen Miss Cling. Did
he ever see her?"
Harry said that Adry went riding
with Miss Cling and Miss Vedder once
Mr.. Nye objected strenuously to any,
thing further on this line and was
sustained by the court.
"Now," turning to the witness on
the stand, Il will ask you about all
your relations with Miss Cling. State
them fully to the jury"
WELL" said Harry, in a reminiscent
mood, Il was introduced to Miss Cling,
l think, in January, 1894, by Mr.
Speaker, at the boarding house. I met
her at first, perhaps, as often as once
a week. After a while I met her as
often as twice a week. Then you
might say we began to be getting
fairly we'll acquainted. Things went
on in that way during April. We kept
getting better and better acquainted
all the time; more and more intimate
From July and August on through to
December we were what you might
call lovers l suppose"
Harry then went into details regard
ing. his gambling experience. He had
played faro in many cities, and had
won and lost thousands of dollars
Miss Cling became interested in his
gambling, and the first time she en-
saed in a venture she put in $75. He
always divided with her according to
" the amount she gave him and what
sum he furnished. He wanted her to
stop, but she refused.
AS whole. from the testimony
given by the witness, he has not made
any points for himself, and his ap-
pearanc" has told against him.
Minneapolis, Feb. 27-Harry Hay
ward, the defendant in the murder
trial. resumed the stand at the opening
of the court. He had evidently been
cautioned by Mr.. Erwin not to be too
prolix in his evidence, and showed q
disposition to condense his testimony
His narrative was resumed at the
point where he returned to the Ozark
after the theater and first heard the