St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-02-28
NO FLIES ON ADRY.
Testimony Affecting His Men
tality Ruled Out by
the Court
INSANITY DODGE BARRED
Unless a Proper Foundation
Is Laid Under Courts
Ruling,
THE NIGHT OF THE H0LD-UP
Adry Rented a Rig About
8 O'Clock in thu
Evening
INSANITY DODGE BARRED
THE NIGHT OF THE HOLD-UP

The Hayward trial is drawing to a
close. At 4 o'clock yesterday after
noon, Attorney Erwin performed his
lightning adjournment act in the
presence of a large audience and
Judge Smith. The court did not
relish the performance, and observed
that Mr. Erwin would not be granted
a license to do his act again. With
this understanding the curtain was
rung down, and an adjournment
taken until o'clock this morning.
Yesterday was day of odds and
ends. In the matter of ends, the in
sanity plea, which the defense has
urged so persistently in the case of
Adry Hayward, came to an end I'M
timely and inglorious. Mr.. Erwin
chung to his pet theory of making
Adry out a lunatic without first lay
ing q foundation with great peril
nacity, and the courts patience was
severely taxed dozens of times.
Mr.. Erwins attempts to introduce
testimony and dispositions tending
to prove Adry's insanity at times
bOrdered on the ludicrous. The court
ruled that he had laid no proper
foundation for such testimony, and
that time and circumstances must
be distinctly stated before any con-
sideration could be given to it. He
said the supreme court had held that
an insane person is competent to
testify as to matters not relating
to the particular thing on which the
party is insane. But" added the
court, Il repeat what 1 said be-
fore. [ do not see that Adry is any
more insane that the attorney is"
After bringing the matter up in
several different ways and meeting
with repeated rebuffs, the Tall Pine
gave it up. excused his experts. and
turned without moments delay
to the introduction of new testimony.
While on the insanity lay, Mr.. Err
win cOntended that in particular the
occurrences testified to by Adry as
having occurred in the Oneida block
on Nov so had been proven by two
witnesses never to have occurred,
and it was therefore proper to show
that Adry was laboring under an in
sane delusion. This he proposed to
establish first by introducing sew
eral cases of insanity among Adry's
ancestors; secondly, by the testi-
mony of DR.. Hayward and other
members of the family the existence
of aggravated fears on Adry's part
of such a foolish character as to
warrant their reception as insane
delusions, and finally, by the tes-
timony of experts who had studied
the creature of all these wild fan
cies that he was the victim of hallu-
cinations and crazy decisions.
Judge Smith held that a founda-
ton must first be laid by showing
the particular kind of insanity at
particular times and in regard to
matters which witness had testified
to when on the stand.
In the course of his obserVa tons,
Judge Smith informed the attorney
that he wished to give him a fair
chance, and that when he had laid
a legal foundation for the introduce
ton of his testimony, the court
would gladly consider it. Hope
springing triumphantly in his bosom,
Mr.. Erwin placed Dr. Jones ON the
stand and asked him several ques-
tons touching his qualifications as
an expert. Then he was asked if
he had ever been called upon to at
tend any member of the Hayward
family for symptoms of insanity.
The question was objected to as i'm
material and irrelevant and ruled
out. DR.. Jones was excused, and,
with the thanks Of the defense ring
ing in his ears, left the court room.
1t is possible that the insanity
scheme will be taken up again this
morning, and an attempt made to
introduce it under the rules laid
down by the court. However, Mr..
Erwin stated when pleading for an
adjournment that he expected to
close his case by noon today.
Some sensational developments
are likely to result from the eXamin-
alton of Maggie Wachter and Mrs.
ladies are wanted" by the county
attorney, and considering that one
of them testified to nothing but
dropping some oranges, which the
defendant picked up in the belief
that they were lemons, a number Of
questions of the impeaching sort
will undoubtedly be asked.
l.,
Liverynan Wilson was recalled to
the stand and testified that he had
been practically offered money by
Attorney Sweetser, of the defense.
He admitted that he had told Book
keeper Davis, of the Peoples bank,
that he had a chance to make some
money out Of the Hayward case, but
said that it was not accepted by him,
as it came from the defense. He
also admitted having said on several
occasions, perhaps hundred times,
that he could not see who the man
was in the buggy with Miss Cling.
but said that these statements were
made on account of the annoyance
to which he was subjected by reason
of it being known that he had seen
the rig. He also denied the dates Of
three conversations. while admitting
their substance. In one of these
cases Dr. Davis fixed the tiu!c
by the fact that Wilson bought