The pioneer press. (Miller, Hand County, S.D.) 1893-190?, 1895-02-07

ton of several incompetent candidates
from the country districts adjacent to
Minneapolis, and the case has been
opened by Assistant County Attorney
Hall in a speech some two hours long,
covering in detail the history of the
most revolving crime ever committed
In Hennepin county. The twelfth
Juror is John Dun, a farmer some
forty-iiye years Of age residing In Day
ton township. Dunn is a native or
Nova Scotia, and, as a juror, was ac-
ceptable to both prosecution and de-
Tense. The members of the jury are:
Lindsay Webb, insurance agent;
Caleb s. Philbrick, lumberman; John
Smith, blacksmith; b. III. Timberlake,
life insurance agent; John Kimball,
farmer, Champlin, MINI; Neal McNeal,
farmer, Dayton, Mimi: 4. +. Dickey.
millwright; Charles Pribble, farmer,
Champlin, MINI; John Denny, carpen-
ter: S. Ill. Dyer. boat builder, Excel
sior; Michael Eckes. farmer, Brooklyn;
John Dunn, farmer, Dayton.
The presentation of the states case
Oy Assistant County Attorney Hall
was not at all out of the ordinary, it
being on the whole a plain narrative
IF facts, already well known. His
speech was low, and o except the
Jury and those in the immediate vi
entity heard it in its entirety.
The one new point he brought out
IN his speech was the fact that on
Monday, the day of the murder. Hay
ward received from Catherine Cling n
certificate from the Travellers InSur-
lnce company which provided that the
policy she held in that company was
TO remain in force in case the insured
came to death at the hands of pick
pockets, robbers or any other person
who might threaten her life. Mr.. Hall
brought this point out strongly, com
menting on it at length and the fact
that that very night Miss Cling was
murdered. After reading the indict-
mcnt charging Harry II. Hayward
with procuring the death of Katherine
Cling. he reviewed the law, showing
that the accomplice is as guilty as the
nan who fired the fatal shot. In this
case, he declared, the accomplicc was
even more guilty than the red-handed
murderer. Mr.. Hal then graphically
%rehearsed the history of the life Of the
murdered girl.
Throughout it all Harry Hayward
sat unmOved, with arms folded across
his breast. Occasionally he smiled at
some emphatic statement which the
state proposes to prove. The only mo-
tive for the crime, said Mr.. Hall. in the
course Of his remarks, was nothing
more than to realize money on the in
surance policy taken put in the name
Of the deceased by Harry Hayward.
Of this he promised to satisfy the jury.
The crowded cOurt room gave the
closest attention throughout the hear
ing.
Among the spectators in the court
room this morning was DR.. II. Hay
ward, a brother of the accused. He
occupied a chair close behind Harry,
and appeared to take more interest in
the proceedings than his accused
brother. Among others were the wife
and mother of Assistant County At
tOrney Hall, who came to hear the
opening address.
Minneapolis. Feb. 2-Therc was In
crest enough In the proceedings of the
Hayward trial to satisfy the court
Dom crowd. 1t began with the de-
'criptions by Policemen Fox and
"o'aN VI VIZ p'Sliioh Va HIS 'IliS -
body when found by them on the Ex-
:elsior road. The questioning of these
witnesses "a sufficiently minute to
satisfy he most morbid minded audi
or. With the utmost insistence every
1etall OF the appearance presented by
he body as it lay there in the road vas
lrawn out, and although most of the
statements thus ELECTED had been al
'eady made in the newspapers, the
,rowd listened intently.
Mr.. Erwin wanted to establish by
officer Fox the existence of tracks
made by a Sharp-pOinted shoe in the
vicinity of the body. 1t was Stated at
The time of the murder that the prints
IF a sharp pointed shoe could be seen
N the road, as though the wearcr OF
such shoes had turned the buggy
'Ound. The officer described the tracks
Of the buggy where it had been turned.
out knew nothing of the alleged foot
prints. There We're a good many peo-
Pile on the ground before he got there,
and a large number of tracks had been
made. 1t would have been impossible
10 distinguish one from another. The
questioning of Mr.. Erwin in cross
examination seemed to indicate q
theory on his part that Blixt had a
confederate on the ground with him
When the killing Occurred,
and that it was this confederate who.
turned the buggy around.
The defense is already laying the
foundation for reasonable doubt. Con-
aict exists between the testimony of
Erhart, who first found the body, and
the two officers who arrived later in
the patrol wagon. Erhart testified that
the body lay with the right side of the
face downward on the road. Fox and
Moore agreed that the left side was
downward. Mr.. Erwin was PARTICULAR
ly careful to establish this point of
difference IL IL nnrhnnS a small mt