St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-03-24
TO SAVE HIS NECK.
Erwin Files His Bill Of Excep-
tons for Hayward's
Benefit.
MUCH 0LDSTRAW THRESHED
Adpy's Insanity and Errors
Of the Court Will Be
Urged.
NEW THIRD MAN FOUND.
Asked Folsom Questions, and
Later Was Seen With
Miss Cling.
NEW THIRD MAN FOUND.

Attorney Erwin yesterday filed
his bill of exceptions in the trial Of
Harry Hayward. The papers, which
show condensation of the testi-
mony from $4,000 pages to 344 pages,
were handed to States Attorney
Hall in ST. Paul.
The motion for a new trial is
based on every possible construc-
ton of the law, each and every one
of the statutory grounds being al
legged. The defense, in it's review of
the case, lays particular stress on
the insanity of Adrian Hayward, the
falsity of Hack Driver Valleley'S
testimony, the improper admission
of Mrs. Hazelton's "heresay evil
dence" and the conflicting testimony
of physicians regarding the bullet
wound. 1t is argued that, through
out the whole case, no confederation
can be found of the accomplice BliXt
and the accessory Adry Hayward
in their statement that Harry Hay
ward plotted with them to commit
the crime. Errors of the court fig
ure largely in the document, and
number of affidavits to the effect
that Miss Cling took supper at res
taurant on Fifth street at 7:15 on
the night of the murder, will be SUBJ
mitted. Pagget and Drummer make
affidavit to having seen Miss Cling
in the restaurant that night, and the
affidavit of Fred w. Folsom is to
he hot Ia
the street who inquired where he
could find some wine rooms to take
lady to. Later in the evening Fol-
som claims to have seen Miss Cling
riding in a buggy with this man.
The bill Of amendments must be
filed by the state before the 2Sth,
and the court will rule on the ques-
ton March 80.
Mr.. Hall has already begun work
on his share of the work, and, as
there are several hundred pages to
be examined, he will be kept quite
busy.
The application for new trial set
follows:
State of Minnesota, county of Hen
nepin, district court, Fourth judicial
district. The State of Minnesota VS..
Harry T. Hayward. Comes now the
defendant, Harry T. Hayward, in per-
son and by his counsel and moves the
court to set aside and vacate the YER
dict of the jury heretofore returned in
the above-entitled case, and the judg-
ment of the court thereon rendered,
and to grant to the defendant a new
trial, and as reasons therefor the de-.
PENDANT assigns:
First-That the verdict is not justi-
fled by the evidence
Secondhand the verdict is contrary
to law.
Third-That the court erred in over
ruling the objections made by the de-
PENDANT to the questions asked by the
state of witnesses produced by it, as
said rulings appear excepted to in the
Dill OF exceptions, and in each and
every instance thereof
Fourth-That the court erred in sus-
tanning the objections made to the
questions asked by the defendant on
the cross-examination of the witnesses
produced by the state, as said rulings
appear excepted to in the bill of ex-
NoPIiOiS, dHO III edcn and every in
stance thereof
Fifth-That the court erred in sus-
tanning the objections made by the
state in the questions asked by defend
ant OF the witnesses produced by him
as said rulings appear excepted to in
the bill of exceptions, and in each in
stance thereof
S1Xth-That the court erred in over.
ruling the objections made by defend
ant to the questions asked by the state
upon the cross-eXamination of the wit
nesses produced by defendant. as said
rulings appear excepted to in the bill
OF exceptions, and in each and every
instance thereof
Seventh = That the court erred in
granting the motions made by the state
TO strike out the testimony of wit
nesses, as the said rulings appear ex-
cepted to in the bill of exceptions. and
In each and every instance thereof
Eighth-That the court erred in de-
nying the motions of defendant to
strike out the testimony of witnesses.
as said rulings appear excepted to In