Birmingham age-herald., 1895-03-07
Did Attorney Erwin Give Witness Claus A. Blixt
IN THE HAYWARD CASE
Compares Him to Judas and Admonishes Him to Do as
 the Great Perjurer D.d.

ful renown of the ttTall Pine' was the magnet undoubtedly that drew 10 the Hayward trial iu the criminal court room this morning the enormous crowd that poured up and around the attorneys and reporters tables and threatened to swamp even the. sacred precincts of the judicial : bench itself. It was beyond question the most dense, unruly, sensational, unreason- Hbie crowd that has yet gathered within the criminal court room of this city.
 MT. Erwin began his speech to the jury at 10 o clock. He said: 'If this were an ordinary case conld not resist the tempta- ton to satire before 1 should attempt to defy the red d-handed murderer and per- jurer, Claus A. Blixt. The doctrine adopted by this defense regarding Claus Blxt-that because murderer repents his penitence is to become the criterion of jury's judgment and effectu. ally destroy all the laws of the human 'nind--is unnatural and monstrous.
 Mir. Erwin in a fiowery burst of speech lrew picture of Claus A. Blixt as a red landed murderer, and pointing dramati- sally, he arose on his tip-toes before the Jury and cried: "And from the mouth of Bueh a creature they say comes the voice of God.'' Then came a talk to the jury. He continued: "In the last few years of these modern times every effort has been made by past powers and classes to make the jury simply one of the aids of public prosecution. deep movement has been going on for the past twenty years to de- stroy this most ancient bulwark Of public liberty. Public need, public opinion un- higested, the creation of public journalism, the il-formed judgment of passion, have been used to give them greater weight and power. This is the unspoken movement in the case today. Why, we have tried this case before two juries, one that has rot spoken and will not speak before it can declare its conscience before its God careful and deliberate.
 'tAnd here is another jury, not devoted to the investigation of truth, but given to the most sensational parts of daily life. This jury tears down civilization" shouted the tall attorney, turning and gazing into the faces of the reporters. Then long finger was solemnly raised. and the attor- pey cried: 'Every time it dips it's pen in the ink it is to write nasty and undigested facts." Then followed a historical dis quisition upon jury trial, showing it's en- croachmenls upon by barons and nobles, hypocrisy and selfishness.
 s.What is a jury? Is it an arm of the state7 No. Is it an arm Of the defendant? No. Is it an arm of the court? No. It is n part of the court. It stands alone In its responsibility. The court is absolute judge of the law. You must take the law from the court and the court must take the facts from you. How are you to approach judg- menl? For the verdict is not your preju- dice, not your belief, but 1t is your judg- ment. And judgment upon what? Not uron chances, not upon the desire to secure n victim for sume horrid crime, but upon the evidence weighed by you.'
 MT. Erwin was bitter in his arraignment of Bl xt and made savage assault upon his character. Continuing he said: "Now, ot in | ha n nf in reference to man of Blixt's character, if he should make charges against one or your neighbors you would not ordinarily believe a word of it. Whoever thought of using Judas as witness after the betrayal of the Master? That was true peu1tence, and from such penitence forgiveness came. He went out and hung himself. He con- templated his own usefulness. That's what your man ought to do Burning to As sis ant Attorney Hall.) would take this peDitent by Cardinal Eustis to another confessor than that of Friar Odell, 10 an- other church. not. presided over by Elder Hall or Elder Stewart. l would hold out as bait 10 him that only a ter this world could he get forgiveness and mercy-you scoundrel, only after you have hung your self. That's the forgiveness of God. have got to take issue with the penance of Claus A. Blixt. have got to do 1t, and might as well begin it. think Blixt has proven himself to be the most astonishing and dar- Ing perJurer nave ever seen on the w.t. nc ss stand. And one thing have to thank the Almighty for, for my skill did not bring it out--that BlixL himself has demonstrated his character of a perjurer. Blfxts testi- mony is a structure of vile fabrications; he built it we'll, and when he had finished the attorney for the state put a spire upon 1t and called it the church of the living God.p
 Then he turned his attention to Adry Hayward and directly charged him with Icing one of the murderers.
 ''The green goods story was scoffed at, and Mir. Erwin asked if the whole jury had gone daft to believe such piece of tes- timony as that she had gone into a scheme to go after green goods with such looking thing as Blixt. It WAS shameful.
 tI cannot believe,' said Erwin, 'sby all that's in me, that he was ever in the buggy with Catherine Cling. repel it for her sake, and so should you. It is enough to turn dcwn the father and mother and the witness, but not the dead. No, Catherine Ging did not deal in green goods.
 Harry Hayward stood on the stand as Catherine Ging's best defender; her most gallant friend. He will even go out from uuder the hangman's loop as her defender. l believe that If you could see the spirit of the dead you would see her spirit standing there between that man (pointing to Harry and you. She would pc his wit ness. Whose attitude would you rather be in-the splendid attitude of the gambler as her friend or the lying, periuring hypocrte that defames her?''
 Erwin claimed that Blixt's story about Harry consulting ths doctor to know where to shoot was an invention, made when Blixt found out that Harry had talked with 8 doctor at Anakota.
 "The hypnotic theory at first smanated
 n.a M