The morning call., 1895-02-15
HARRY HAYWARD'S
line OF DEFENSE.
HIS ATTORNEY WILL ENDEAV0R
TO SUBSTANTIATE A CLAIM
OF ALIBI.
WITNESS TO BE IMPEACHED
The BLOODY CLOTHES WILL BE
BROUGHT INTO COURT AND
RECORDS UNEARTHED.

learn what tack Attorney Erwin and his
assistants would pursue. The defendant S
demeanor upon entering the courtroom
was positively jubilant. He nodded to
some lady friends in the front row and
then, spying his mother, went up to her
and said, "Good morning, little mother, F"
and kissed her upturned lips.
When John Day Smith arose to address
the jury in his deliberate fashion Harry
faced squarely around to the jury and
scanned their faces as the words fell from
the lips of his counsel. Before the court
opened he found time to tell the reporters
that the report in morning paper to the
effect that he had remarked, They're 60
ing to hang me" was unqualifedly false.
Attorney Smith, in addressing the jury,
called attention to number of things the
State had promised at the outset to prove,
and which, he said, it had not proved. 1t
had not shown that Hayward had secured
all of Miss Ging's money, as she had a
balance in the bank at her death. 1t had
not shown that he had gone riding with
her the Wednesday and Saturday evenings
before the murder as promised.
Mr. Smith declared that the insurance
transactions, the acquiring of an insurable
interest and the waivure of the assault
clause, of which much had been said by
the State, were all in the ordinary course
of business and not in any way unusual.
The sweat box method of wringing So
called confessions from Blixt and AdTy
Hayward were referred to in denunciatory
terms. The defense admitted that Harry
was gambler and deplored the fact, but
asserted that he was not on trial for
gambling, but for murder.
Gentlemen of the jury" exclaimed the
attorney, ''the mute form of Catherine
Cling lying at the county morgue gives the
lie to Claus A. Blixt. Evidence presented
by the defense will fairly prove to you that
Claus A. Blixt pounded that woman's head
almost to jelly before he fired the shot,
and then only fired it when he thought she
was not dead.
"When Blixt came on the stand his
Honor. ex-Mayor Eustis, stepped UP to
him and shock hands with him with a
smiling face. l could not help but think
it was to give him a character before this
jury. confess could not have touched
the bloody hand of the murderer for large
sum of money. believe in the religion of
Jesus Christ, who has promised to forgive
sins but has not promised to remove the
scars. Such actions as those of Blixt are
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 a shiftless life. He was involved in
this case at the beginning, and was put
through the sweat process and showed
the proverbial jealousy of the elder
brother. You will remember that in the
beginning of his testimony he looked with
pity on his brother and said: 4 do not
blame him for making the best defense he
can
"You will remember how later, when
his mother was sitting yonder, that mother
who has borne him and watched over him
with tender solicitude, he told of quarrel
he had with her and other members of the
family and had said to that mother, why
did you raise such a litter of pups2
"He was a peculiar man in many re-
spects and had diathesis from which he
could not separate himself.
There have been experts here both for
the State and for the defense and they will
be examined on that point. There have
been no less than six members of the fam
lily confined to the asylum because they
were insane. We claim that Harry is
much more sane than his brother Adry.
''Now you will doubtless want to know
what is the theory of the defense. Gentle
men, we have no theory. Theories have
hanged many man. You must be con-
vinced of the guilt of the defendant beyond
a reasonable doubt. We will also establish
a complete alibi for Harry Hayward at the
time he was said to have been at the Ken
wood boulevard.
"We shall bring out some of the testi-
mony which has lain demurred in the
County Attorneys Office and shall show
that there was suspicious character in
the city about whom the County Attorney
was told, but he did not use the informa-
ton. We expect to compel the bloody
clothes found on the shores of Lake Cal
houn to be brought into court. The de-
fendant will take the stand in his own be-
half regarding the testimony given by
Adry Hayward and Blixit."
Harry Hayward comes into this court"
concluded Mr.. Smith, confronted by the
testimony of brother, whose heart is
filled with deadly enmity, and Blixt, who,
with periured tongue, has sought to con-
ceal and shield his real confederate. All
we ask is that the sunlight of Gods truth
shall be let in on this most remarkable
case"
John Walsh, keeper of the morgue, was
the first witness, and he described the in
cidents connected with the bringing of Miss
Ging's body to the morgue. He undressed
and washed the body Immediately, and in
answer to Mr.. Erwin's questions described
minutely the clothing found on the body,
the wounds and where blood was found
Terrence Connolly Jr., an undertaken,
was called, and produced the clothing
which had been turned oyer to him by
Walsh. 1t developed, much to the aston
ishment and indignation of Mr.. Erwin,
that the sealskin sacque had been cleaned.
The lining, however, still showed some
stains of blood.
The knotted blue vail which had been
pinned in the hat was torn and clotted
with blood. The jury and the attorneys
examined all the clothing carefully for
blood stains.
The entire aftsrneen was given up to ex-