St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-08-16
MISS GIpG'S MONEY
AN ACTION BROUGHT AGAINST
HARRY HAYWARD FOR HER
INSURANCE.
ALSO TO RECOVER NOTES
AND HAVE THE ASSIGNMENT OF
POLICIES DECLARED NULL
AND VOID.
HAYWARD WAS SURPRISED.
EX-MayOr Eustis, as Attorney for
Julia Cling, Brings the
HAYWARD WAS SURPRISED.
EX-MayOr EuStis, as Attorney for
Julia Cling, Brings the
Action,


Good afternoon greeted the repre-
sentative of the sheriff cheerfully, and
then without waiting for an answer,
he continued. 81 have got something
L guess L will have to serve upon YOU -
Hayward recoiled a minute at this I'M
expected statement, suspicious of a
new date for his hanging being promi-
nent.
What is it?'' was his inquiry. Dep
uty Megaarden read the title of the
summons: Julia A. Cling, as admin
lstratrix, plaintiff, VS.. Harry T. Hay
ward, defendant and he pIanked a
yeiiow-covered, voluminous looking
document on the floor behind the bars.
nat does it mean?' queried Hay
ward, little more excited than is
MS wont, II don't understand it."
Read it and you WILL tritely re-
plled Megaarden, and then he left Hav-
ward to peruse document which will
probably give him considerable to
think over during the next few DAYS.
1t is an action begun by William H
Eustis, as attorney for the admins
tratriX, to have the insurance poll
cles assigned to Hayward by Gather
me Cling set aside and the notes given
by Miss Cling to Hayward declared in
valid on the general
ALLEGATION OF FRAUD.
deceit and undue influence. It has
been known for some. time that such
an action has been contaminated bu+
just what form it would take has heen
only a matter of conjecture. In the
complaint no attempt is made to snare
dayWard's sensibilities, if he has anv
and the condition of affairs that
brought about the transfer of the poll
cles to the name of Hayward is fully
set forth. Among other allegations
the complaint says:
That on or about the Goth of No
VENEER, in the year 1894, the New York
LIE insurance company, of the civ
OF New York, duly issued it's policy
NO. 64l,l26 for the sum of $500 on tha
ne OF Catherine NJ. Cling, deceased
IN consideration of the sum of SAG "a
by her duly paid to the said Insurance.
company.
That the said policy by it's terms
was made payable in case of dea III
TO the executors, administrators or as
signs Of said insured.
mat on or about the 18th dav of
November. 1884, the Travellers Insur-
ance company, CT Hartford, Conn. in
consideration of the sum of s25 to he
PAD by the said Catherine M. Cling
deceased, issued it's policy No. 1.169 =.
49, 1or the sum of s., 900, on the life
OF said. Catherine NJ. Cling, payable.
In case of death, to the legal repre-
sehtatlVes or assigns of said insured
USED UNDUE INFLUENCE.
THAT on or about the 24th day of
November, 1894, the defendant. Harry
L. Hayward, by fraud, deceit. false
promises and undue influence. per-
suaded the said Catherine M. Cling to
execute and deliver to him four cer>
tam promlssory notes as follows:
one dated July 10, 1884, for the sum
of 500. Wv . ''-ii
of $1,0G0
One dated Nov. 3, 1894, for the sum
of 81 900.
And one dated Nov. "a, 1894, for the
sum of $1,000
That all of said notes were made
payable to the order of said defendant
on demand and without interest, ex-
cept the 5000 note Which bore interest
at tne rate OF per cent per annIum.
That said notes were obtained from
said Catherine NJ. Cling by defendant
by false representation and under the
promise that he would thereafter loan
and advance her the full amount
thereof. That said defendant did nor
at the time of the execution and de-
livery to him of said notes, nor at any
other time, loan, advance or pay to
said Catherine M. Cling the sum named
IN said note, or either of them or any
part thereof. That said notes ana
each of them Were without money or
other valuable consideration
Ihat on or about the 18th day OF
November, 1894, the said defendant, by
fraud, deceit and undue influence and
without valuable consideration, in
duced and persuaded the said Cath
crime NJ. Cling to assign and transfer
to him as collateral security for the
payment of said notes. the insurance,
policies. That by virtue of said as
signments, the said defendant Hay
ward claims all dividends, benefits and
advantages to be had and derived un>
der said policy.
cember, 1894, the defendant, Harry I.
Hayward, wickedly procured, caused
and melted one Claus A. BliXt, by
threats and promises, to murder said
Catherine NJ. Cling, in order that he,
the said Hayward, might realize On
the said notes and insurance policies,
which had previously been so executed
and assigned to him. That the said
Claus A. BliNt, acting under the d.
rection and influence OF said defendant
Harry T. Hayward, did, on the Sd day
of December, 1894, in the city of Min
neapolis, shoot and
KILL CATHERINE NJ. GING.
Then follows the statement of the
conviction of Hayward on the charge
of murder and the confessing of Blixt
to the crime of shooting her The
claim of Harry Hayward against the
insurance companies, as filed with
oil leo cot hn
plant closes as follows:
1.-The plaintiff alleges and ayers the
fact to be that the execution of said
notes and the assignment of said poll
cies to the said Harry t. Hayward
were part and parcel of a wickedly
by fraud, deceit and undue influence
practiced upon the said Catherine NJ.
Cling by the said Harry T. Hayward
| that no money or other valuable con-
Slderation Of any name or nature was
paid therefor, and that said notes were
secured by him solely to give color for
valuable consideration to said assign
ments, and that said assignments were
! so secured by him from her with the
wicked intent and purpose of having
said Catherine NJ. Cling murdered, in
order that he might realize the sum so
insured.
Wherefore, plaintiff prays judgment
of this court against the iefndant
them may be declared void and can
celed; second, that the said assign
ment of each of the policies be de-
clared Fraudulent, void and of no eff
feet, and that the same, by order of
this court, be set aside and Cancelled,
and that it be adjudged that the de-
PENDANT, Harry T. Hayward, has no
claim, legal or equitable of, in and to
the said insurance policies or the mon
eyS due thereon, or any claim or de-
lnand, legal or equitable, against the
| estate of said Catherine NJ. Cling, de-
ceased, by reason of said notes.
w. II. EUSTIS, Plaintiffs Attorney.
The case will come up for hearing al
the September term of the district
| court