The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1895-02-15
HAYWARD MURDER TRIAL.
The Counsel for Defense Begin Their
side OF the Case.

The Counsel for Defense Begin Their
side OF the Case.
MINNEAPOLIs, Feb. II. The defense's
turn in the Hayward murder trial came
to-day. The prisoner entered the conrt-
room smiling, and nodded to lady friends
and said: Good morning, little mother"
and kissed his mother.
In opening his address to the Jury,
John Day Smith called attention TO the
number of Things the State had promised
10 prove, which it had not proved. Smith
claimed that HayWard'S insurance trans
actions With Miss Cling were all usual
anu IN the ordinary course OF business
Attorney Smith said: "GcnttemeR Of the
Ju1Y: The mute form of Catherine Cling
lying at the County Morgue gives the lie
TO Claus y. BiiXt. The evidence pre-
sented by the defense viii fairly prove to
you that Claus A. BIIxt pounded that
woman's head almost to Jelly before he
hred the shot, and then only fired when
he thought she was not dead, When
BIiXt came upon the stand his honor. ex-
Mayor Eustis stepped up TO him aud
shook hands with him with smiling
face. could not help but think it was TO
give hlm character before this Jury. |
confess L could not have touched the
bloody hand OF the murderer for a large
sum OF money. l believe in the religion
OF j esuS Christ, who has promised to for
give sins, but has not promised 10 re-
move the scars. Such actions as those of
BliXt are q travesty.
There is another witness with whom
we are confronted here who is peculiar in
many respects. We will show you that
he has led shittless lie. He was in
volved in this city at the beginning, and
was put through the sweating process
and showed the proverblal jealousy Of the
OJner brother. 1Ou will remember tha
III the beginning of his testimony he
looked with pity on his brother and said:
1 do not blame him for making the best
defense he cam You will remeInber
how. later, when his mother was sitting
y0nder-that mother who has borne him
and watched over him with tender solici-
tude-he told of a quarrel be had with her
and other members OF the family, and
had said TO that mother: Why did you
raise such litter of pups?' He was a
peculiar man IN many respects, and had
q diathesis from which he could not sep
arate himself. There have been experts
here both for the State and for the de-
tense, and they will be examined on that
point. There have been no less than six
mem bers of the family confined in the
asylum because they were insane. We
claim Harry is much more sane than his
brother AIRY.
Now, you will no doubt want to know
what is the theory of the defense. Gem
tlemen, we have no theory. Theories
have hanged many a man. You must be
convinced of the guilt of the defendant
beyond u reasonable doubt. We will also
establish Il complete alibi for Harry Hay
ward at the time he was said to have been
at the kenwood Boulevard. We expect
to have the bloody clothes found in Ken
wood brought into court. The defendant
will himself take the stand to deny the
testimony OF his brother and Blixt
Harry Hayward comes into this
court" concluded Mr.. Smith, ''cou-
fronted by the testimony of a brother
whose heart is filled with deadly ennity,
and BliXt, who with periured tongue has
sought TO conceal and shield his real con-
federate. We shall see that Gods sun
light be let in on this most diabolicaI of
crmes.o
Tereuce Connolly, Jr., an undertaken,
was called and produced the clothing
which had been turned over to him. Ii
developed to the aStOnishment and in
dignation Of Mr.. Erwin, that the sealskin
sacque had been cleaned. The lining,
however, still showed some stains of
blood. The knotted blue veil which had
been pinned In the hat was torn and
clotted with blood. The jury and the at
torneys examined all the clothing care
fully for blood stains.
The entire afternoon was given up to
the examination OF the police officers
who examined the locality where Miss
Ging'S body was found, in an effort to
prove an alibi. Tomorrow evidence to
impeach BliXt will be presented,