The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-02-12

| pie ! had told him that If he killed her
may dream of such things. but If you had
any nerve you would go out and Kill some
SO You XIII SOMEBODY. KIN a cripple. It's
better for them to die than TO live, anyway.
Go c s,do and kill some one and will give
II asked him how he would know that
had done 1t. and he said he would see 1t
That was the last conversation | had with
| him. did not want to say anything about
it, as It was family. affair, but went and
Hold on there" said Mr.. Erwin. 1--WE OBJ
| ject as immaterial.''
| The objection was sustained, but Adry
| was allowed to state that he made q COM
| munication to Mr.. Stewart. Then the wit
| Harry walked along with me as / was maxi
| ing some collections. He said: You'd bet
| ter be little careful where you are for
| happen l talked to him all 1 could, and
| told him he must not think of such thing:
| / had better take my wife and go to the
| theater told him I would do as -
| pleased. He said something might hap
| pen, and that my wife's evidence as to my
| whereabouts would be no good. stayed
| at home all the evening. The next morning
| Harry saw me out looking for a paper. He
| He smiled and asked me if l thought some
| thing had happened.
| Shortly after. half past z on the night
asked d, me for , gave IT to him. b and then
TaRe yo osrte wife an no go
| thing is going to happen
| HE seemed little excited. 1t was one
/ of the few times / ever saw him excited.
| took him by the arm and tried to. detain
| him. He shook himself loose and said:
NV e w nG t aa there to foq pac the abs Then
he asked me to go into his room, about
$3.50, and see if his revolver was under his
| to raise the curtain in my room, so that
he. could see the light about 10 o'clock.
| refused to that. Then he went away. /
| asked my wife IL she did not want to go
! and make visit to her father. At first she
said she was too tired, but we finally went.
| When we got home, or shortly afterwards,
], heard quick step in the hallway and
then saw light in Harry's room. l heard
| when Harry came to the door and said:
-. Something Some has happened Mss Mss cling
| dead in the road near Lake Calhoun
HE asked me to come into his fiat, and
cleaned It. There was very little art on it.
| AS he was doing this he said: It's lust like
| picking up money Then he lay down on
the lounge, with his overcoat over him.,
| went back to my flat. We got up early the
| next morning to get paper.
A DRAMATIC SCENE.
There was dramatic scene after court
| adjourned. The mother OF the two boys,
| one the accuser and the other the accused,
| was in the court room and had heard the
| story thet fell from the lips of her eldest
| born. She was torn by conflicting emo
| tions apparently not knowing to which of
| her two sons to turn. Finally she put an
| arm around the neck of each and attempted
| to draw them together the tears stream
| ing down her face. But Adry would not
| thus be reconciled. He tore himself away
| from the motheriy embrace and, with a
gaSping sob, went out of the court room,
i while the deputy put the handouts on Har-
| ry and led him back to the jail
Look him in the eye, Harry; look him in
| The words came in an excited whisper
| from the knot of people around the prisoner
| and We're spoken by the mother of Harry
| Hayward during the most exciting moment
| of the trial to-day. Never had there been
| such a crowd The court room was packed
| to suffocation and everything was repressed
| There was an air almost of terror in the
| atmosphere. The faces of the people bore
| expressions as IL their minds were laboring
| under great mental disturbance. Gradually
| from the time that w. w. Erwin had taken
| Adry Hayward for cross-examination this
| feeling had been growing. 1t reached its
| height when Mr.. Erwin asked 4Adry to ex
| plain how his brother had acted when he
| had told him he would hang II he persisted
| in following out his scheme.
| Adry explained how his brother had
| turned black in the face with passion; how
| he had bent toward him and passed his
| fingers around his neck and over his head
| In order to explain 1t more fully and make
the witness appear the more ridiculous S is, be,
| Illustrate the action. The witness stepped
F! easily from his chair to the table at which
Mr. Erwin and the prisoner sat. He went
| over the story and explained his brothers
| action. As he bent over his face was only
| few feet from that of his brother, and
] his chair, leaning back Every eye was
/ bent Oh the scene. Every form was half
| raised from its seat. There was rustic
| of excitement about Harry.
| Look him in the eye Harry; look him
| in the eye, cried the mother.
| COULD NOT CATCH ADRY'S EYE.
| Harry did not move. His mother shook
| him and he aroused himself and, leaning
| far back over the table toward his brother
| his head on his hands, tried to catch his
| brothers eye. .Adry talking so rapidly
| and excitedly that he did not see him,
and Harry could not catch his glance. He
slid back in his chair and looked at his
mother as if to say that he was not equal
| to it. If that eye could have controlled the
! elder brother in the past it had grown
| powerless.
The day was filled with exciting incidents.
Once, when Mr.. Erwin asked if he had
any affection for his brother he replied
that he had Then he asked knowing. Mr..
| Erwin's intention, IL Mr.. Erwin would have
| gone and told anybody If he had been in
| his position. Mr.. Erwin was trifle excited,
| and asked the court if he might answer.
| and, to his surprise the court answered
! that he might. Then, for a. moment all his
| pent-up feelings burst forth in a short,
scathing sentence, In which he gave Adry
| to understand that if he thought his broth
er was crazy. or intending guilt he would
| have moved heaven and earth to prevent
| IT. 1t was a startling scene for moment.
The cross-eXamination OF Adry was ex-
! haustive. AT times Adry grew vexed and
| flung retorts at the attorney, at no time
| however, showing himself lacking mentally.
He did show some anin1us against Harry
1 however, at various times, but in all the
long examination he did not contradict mis-
| original story, told in the morning. The
attorney put obtuse and complex questions
| In efforts to obtain results from his ex-
! perts, but apparently he failed Adry, how
| ever. made hardly as good a witness as
Blixt, for the reason that he talked too
| much. He repeated his story on cross-ex-
! animation almost word for word like his
morning testimony. In fact. he pleased the
| state and, as far could be seen. when
the last uestion was asked him he was
| unshaken and his story was intact. Mr.
| Erwin tried to make him state that he
| believed Harry had gang of which the
| witness was afraid, but Adry secuted the
| idea. and said he thought the gang was a
| fabrication of Harry's.
| The most dramatic and affecting scene
| occurred on adjournment Hardly had the
| crowd began to push toward the doors than
| Adry Hayward pushed his way to his
| mothers side. Mrs. Hayward turned and
! the tears sprang to her eyes she leaned
| forward into Adry's arms. Tenderly the
| son kissed his mother. who sobbed OUT
| ''Adry. AIRY. how could you. how could
| you do it?' referring to the testimony he
| had just placed on record against his
| brothers life. Adry was visibly affected
| and. placing his hand to his ewes his ono