The pioneer press. (Miller, Hand County, S.D.) 1893-190?, 1895-02-28
A Poor Showing,

Stiu he WOiilU EOlu Up street tdrS anu
said he would "tiX" Harry.
a Poor Showing.
Minneapolis. Feb. 23.-COunty Attor-
ney Nye rCSulued his crOSS-eXamina-
ton OF w. w. Hayward, father OF the
young man accused of the murder of
Catherine Cling. He "a quite unable
to shake The old ~gpntlcman's story In
any essential particular, although he
demonstrated that the witness mem
Dry as 10 dates and happenings at
about the time of the occurrence he
Described was not the best. II is a
remarkable fact that thus far in the
case, although both Nyc and Erwin
are adept QueStionerS, neither has been
able 10 shake the testimony Of any OF
the witnesses on examination.
Nr. Nye tried to establish 10y the SEN
Tor Hayward that on Dec. q, three
days after the murder, Elder" Stew
art had told him the story tina Adry
aad told Stewart three days before h
murder. Hayward senior wac unable
10 remember when this conversation
nad taken place, except that it was
after the murder.
William Yale, a gunSmith, and Rob
srt Weed, q jeweler, testified as to va
cious kinds of cartridges, the weight
Of bullets, etc.
Nj. Erwin succeeded in establishing
that the fatal bullet vas of the same
weight as one taken from a So short
cartridge. BliXt had testified that
when Harry gave him the cartridges
he had declared the1n to be 80 long.
Mr.. Nye strcnuously, but in vain, OBJ
jected To this evidence. and Mr.. Erwin
was iubiiant at his success.
Harry TestiHes.
At last Mr.. Erwin said he had no
,tller witnesses present except the de
PENDANT himself. can Harry" he
added.
With his arms folded and a set eX-
preston on his face, Harry Hayward
took the stand to battle for his WI
life.
He said, in answer TO the usual pre-
iiminary questions, hat he was born
in Macoupin county, Illinois, % years
ago, and had lived in Minneapolis for
% years.
"Now," said Erwin, "Mr. BliXt has
testified against you. and Mr.. Adry
HAYWARD has testified against you.
Have they testified cOrrcctlyT'
They have not responded the wit
ness, setting his teeth.
HAS the testimony of Adry Hay
ward given here on the stand been
true OF false"
almost wholly false"
"Do you know any reason why"
az do"
explain it 70 the jury"
81 CIiprt " said Mr.. NyC.
"SUStaincd.' r1jOiEcd the judge. Il
suppose this is for impoachment.'
oh. no. your honor, I'm not trying
his whole case oil the word impcach-
ment. | want the jury to know the
feelings Of fear which might influence
AdIy Hayward to testify falsely
against his brother. / want them to
know the truth"
"Well you can call his attention to
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.
Eyes, 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 eve seen Miss Cling. Did
he ever see herr"
Harry said that Adry went riding
with Miss Cling and Miss Nedder once.
Mr.. Nye objected s~trenuOusly 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, II was introduced to Miss Cling,
| think, in January, 1894, by Mr..
Speaker. at the boarding house. | met
her at first, perhaps, as often as once
a week. After a while l met her as
often as twice a week. Then you
might say we began to be getting
fairly well acquainted. Things went
on in That way during April. We kept
getting better and better acquainted
I'LL the time; more and more intimate.
From July and August on through to
-A..lA