Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1895-02-14

had exhausted him. but he came in
later. The cross-examination of the as
sistant %janitor. Charles Anderson, de-
volyed upon John Day Smith. who
ELECTED nothing of Importance. Frank
Tucker, the elevator boy at the Ozark
fats, testified In further confederation
Of Blixt as to the long talks the jani-
tor was accustomed to have with Har-
~ Hayward in the basement OF the
Ozark, and especially as 10 the confer
ences the two had on the day of the
murder.
Frank Mccormick. a barkeeper, tes-
tilted TO selling Harry Hayward on the
day of the murder, a flask of whisky
like the one Blixt says Harry gave him.
John Kennedy. a iagman. corrobor-
ated BliXt's testimony as to his visit
10 the station on the night OF the muir
der. The state called $. Il. Hance TO
further cOrrobCrate the whisky pur-
chase. but Mr.. Erwin said Harry
would admit the purchase on the
stand. This was the first intimation
that Harry Hayward would himself
go on the stand.
J. w. Weatherspoon. elevator man at
the Oneida block, corroborated Blixt's
story Of how Miss Cling signed the
$1,000 note to Harry Hayward in his
office and how he and Blixt witnessed
the signature. Then Harry Spencer,
a waiter. told how Harry and Miss
Cling came to the restaurant, saying:
II went 10 get their orders. /
noticed a roll OF money. Hayward said
to me: Don't you think it's foolish
for a young woman 10 show so much
-S2,C00T I conceded with him. and
expressed some doubt as to there be-
ing 1000. and Harry said it was. The
roll Of bills was as big as a glass tum-
bier. There was a $40 bill on the out
side"
He told also Of other occasions when
the I'VE had visited the restaurant.
l.. MetZger, a jeweler, corrOborated
another part of BIixt's story about
leaving his watch to be fixed Oh the
night of the murder.
| Louise ireland. niece Of Miss Cling.
testified that Hayward was in Miss
Ging's rooms nearly every night, but
his conduct was perfectly proper. She
had not noticed her aunt have much
money just before the murder.
! Minneapolis. Feb. 12.-When court
was called TO order Emil FCrrant was
put on the stand to tell what he
knew about the scene in the Ozark on
the night Of the murder. The witness
said that at II o'clock he was prepar-
ing to 90 TO bed. when he heard a COM
motion down stairs. Upon going down
he found Henry Goosman. whose
father owns the livery stable. and Of
ficer Thomas Britt. Ferrant asked
GOosman what was the excitement.
The reply was that Miss Cling had
ham ONT rflinr th1f arnrfnr and T,n&
with a serious accident. Harry came
In presently and made those singular
remarks about his business relations
with the girl. which have been testified
to by several witnesses. He also pro-
duced some letters, but they were read
only in part.
When il came to calling the next
witness Mr.. Nye arose and said: 1T
Is the intention Of the state TO intro
duce the testimony of Adry Hayward
at this time. He is not in the room,
I see, but can be sent for at once"
Mr.. Erwin was on his feet at once.
May 1t please the court" he began In
his a way. this is somewhat of 4
surprise to us. We wish to have eX-
perts here to listen TO the testimony of
Adry Hayward. One of them is sick
and could not appear to-day. | desire
that. If possible. some other witness be
put on at this time. so as to save me
the Inconvenience Of having & report
Of the prOcte dings read and explained
TO my experts. You understand that
II is not the testimony itself that is OF
so much Importance, but the manne
in which 1t is given"
Judge Smith observed that the case
must go on. and asked Attorney Nye !
If he had any other witness who could
be put upon the stand at that time.
Mr.. Nye said that he objected to chang
ing the order of the testimony, but
would call ex-Mayor Eustis rather than
Inconvenience the defense.
The strongest testimony the state has
brought out, aside from the "Onfes uon
of BliXt. came when most unexpected. |
The defense has inferred right along
that Miss Cling was mixed up with a
green goods ang Of which Harry
knew nothing. From all the state wit
nesses it appeared. as far as could be
seen. that Harry did not know of Miss
Ging's rides the two nights previous &c
the murder. In fact, Miss Ireland, !
herself, had said that Harry asked af-
ter Miss Cling both times. Then like
lightning from a clear sky anne the |
blow TO the defense. Miss ireland was
allowed an explanation, and she said
that Harry had told her aunt not to
let her know Of the jaunts with him
in the evening. Her aunt had said that
was his wish, and at the same time
informed her not to give 1t away"
that she knew Miss Cling was out with /,
Harry, as he was not 30 know that
the niece had been told of their rela-
tons. This was the first evidence to
knock out the green goods gang theory, |
and implicate Harry.
The buggy in which Blixt killed Miss
Cling was brought into court to be
used In the curse of George Coos
mans testimony. 1t was an object of
much attention.