The record-union., 1895-02-12
A BROTHER OF DEFENDANT PLACED
ON THE WITNESS STAND.
Testifes That His Near Relative Of
fered Him Two Thousand Dollars
to Put Miss Cling Out of the Way
Branded With Having No Nerve
When He Refused to Do His Broth
er's Bidding.
Special to the REcoRn-uN1ox.

His wife sat beside him with traces of re-
cent tears upon her cheeks, but Adry
maintained mask of smiles and jovial-
ity. DR.. Thaddeus t. Hayward, the ac-
cused's brother, was present and was
Visibly more cordial to Harry than to
Adrian. 1t is understood that he will go
on the stand and state that his brother
Adrian is mentally incapable and in fact
insane.
The direct examination of ex-Mayor
Eustis was resumed at the opening of
court, with the story of his interview in
the Oneida Bank with Harry Hayward
about the loans he had made Miss Cling.
Adrian Hayward was then called to the
stand and a buzz of subdued interest
went around the courtroom. He stated
that he was 80 years old and Harry was
% years Of age. He had come to Mime
apoLs twenty-five years ago from Ma
coupa County, H., where he was born.
lie was married and had two children.
lie was employed in his fathers office,
where he transacted most of the loan and
rental business. Harry was not en-
ployed there, but often came there.
Harry had told him that last summer
and iallhe was engaged in lOaning on
diamonds. Harry had also told him that
he gambled some. He told him of hav-
ing loaned money for Miss Cling and
having gambled with her money.
At this point Mr.. Erwin arose and i'm
presslvely said: 81 wish to enter an OBJ
lection here. This witness has delusion
on this subject, and is, in fact insane"
II don't see," said the court, ''that he is
any more insane than some of the attor-
neys in this c2se.'
II take an exception to the courts rul-
ing" Tetorted Erwin, land to the courts
remark before this jury"
With that remark he sat down, and the
examination proceeded. HE told me-"
continued Adrian, that size had some
notes secured by a mortgage on a flour
mill at Iiamel, and asked me to go out
with him to Hanel and see about it, We
drove out, and | advised him against the
loan, but he made it. Three weeks later
he came in and said he had been very
lucky, as the mill had been burned an d
he would probably get the money to
handle. About the middle of September
he asked me if | wanted to make good
money. / said yes, and he said | could
get about $1,000 If | was not too particu-
lar. He asked me if | was willing to
Xiii woman for 2,G0O. l sad | was not
willing to kill any body. He said it was
easy to do 1t, and nobody would be sus-
plc1OuS OF me. After that he said he
knew a hackman that would do anything
for him. lie said it would be easy to kill
her In hack, and ii necessary the hack
man could be killed, too | asked him If
the hackman had family, and he said he
had. l then said it wOuld be an awful
thing TO kill a woman, let alone a hack
man. After that he suggested getting
her drowned il a lake, but that looked
too much like suicide, and he gave it up.
He wondered how she would fall If he
took her riding in buggy, and then if ii
should strike a boWlder whether she
would fall IN or out. After that be talked
about getting her tangled up in the lines
and having the horse run away"
Adry then told how on the morn
ing of November 9th Harry had come TO
his fiat. '"Hhen he said he was through
with me, and that had no nerve He
had found a man, however, who had
nerve, an eE-poIIceman named G. q.
BliXt.
ION Wednesday he came into the office
and asked me II II was not time to sacri-
ice the dressmaker. 1 said: Harry.
you're not going TO kill the dressmaker,
are you" lie said: Yes, we are She
will have to be victim this time.' l
said: Harry, you must not do it; it is
awful He replied: She's got to go
this time | said: Harry, you must
not do this. If you don't quit this idea
pll report you
His hands were clutching, and he
looked wild. am not naturally afraid
of body, but l was afraid of him then.
l moved slowly to whore my coat and
hat were hanging, and was Just making
for the door when Harry came after me-
l told him / was going for walk until
he cooled of. l went out to my rooms
and got my revolver, and finally went
back to the Office. Harry was still there
but was cooler. ! repeated that he must
not think OF such thing. lie said it
was nothing to kill people. He had
caused the death OF three persons -"
I'VE move to have that struck out"
put IN Erwin.
Denied" said the court promptly.
HE said," the witness continued, that
he had killed two persons in the East and
he had killed third, but he stopped
there and would say nothing more. lie
also said he caused q tire IN the East
where the loss was S450,0J0. He said he
got $1,000 for doing it. L told that if he
killed Miss cling she would haunt him
He replied: People may dream of such
things, but if you had any nerve you
would go out and Kill somebody. 1t
cont make any difference, so long as you
kill someone. Kill cripple; it's better
for them to die than live, anyway. Go
out and Kill someone. and Twill give Won
a hundred dollars
Il asked him how he would know that
had done 1t, and be said he would see it
in the papers. l said L would not do it.
That was the last conversation | had with
him. L did not want to say anything
about it, as it was a family affair, but /
went and told Elder Stewart-''
Hold on there" said Erwin
1--WE object, as immaterial''
The objection was sustained. but Adry
was allowed to state that he had taken a
communication To Mr.. Steward. on the
night OF the murder his brother advised
him 10 have his whereabouts accounted
for, and told him something was going To
happen. Then ne told how Harry came
in at O'Clock in the morning and said
Miss cling had been found dead in the
road; how he went to Garry's with him
and watched MIN clean his revolver.
Never had there been such.ta crowd.
The courtroom was packed to suffocation.
and everything was dense. Gradually
from the time that w. w. Erwin had
taken Adry Hayward for oss-examina-
ton, he asked Adry to explain how his
brother acted when he told him he would
hang il he persisted in following ont his
scheme. Adry explained how his brother,
had turned black IN the face with pas
sion, how he had bent toward him and
passed his fingers around his neck and
over his face. In order TO explain it
more fully, and make the witness an
pear more ridiculous before the experts
Mr.. Erwin asked him to illustrate tho
action. The witness stepped easily from
his chair tn tho ia blo 1ybara Nv