Courier Democrat. (Langdon, N.D.) 1891-1920, 1895-03-07
BAD FOR HAYWARD.
SEVERAL BLOWS GIVEN THE DE-
TENSE BY THE STATE.
"itnes"c.S Who FrOfesxcl to kn0w
About HHrry's Movements Arc
Snid by Other Witnensea to
Have Been in Different
Parts of the City.
ADRY on THE STAND AGAIN.
"e S"Ss innt Some of the state
hehts Made by His Father and
Mother Were Untrue.

Minneapolis, March ,. - The Hay-
ward murder trial proceeded in spite
OF the fact that County Attorney Nye
Is confined to his bed from nervous
prostration. 1t is remarked that while
the jury look like ghosts after their
six weeks pull at the case, while the
lawyers arc worn out with work and
worry, and while even the Judge on
the bench looks weary and bored, the
defendant, Harry Hayward, comes
into court each morning as fresh and
smiling as If it We're matinee he was
attending. The bad air Of the court
room, nor tlhe evidence piled UP
against him seems to affect him,
The state knocked a few more props
out from under the defense in rebuttal.
Louis Benin swore that he was pres
ent at the conversation between Liv-
eryman Wilson and James Ward
when the former was alleged to have
SAID that it was not Harry but !Adry
Hayward he saw driving with Miss
Cling on the night of the murder.
Benin declared that the Haywards
were not mentioned in the whole con
versa tion
A1AAASSe >AtWiihSh lcSLlutAtl LQdI lie saw
George Grindall on the East side
many blocks away at the very time
when Grindall sWears he saw the mys-
FERROUS third man" get into the bug
gy with Miss Cling. Thus are two
| important witnesses for the defense
| impeached.
A gun expert was then called to
show that the bullets in various makes
OF cartridges differed in weight. This
was to offset ErWin's coup showing
that the cartridge used to kill Miss
| Cling was u IS long, and not 3S
short, as BliXt testified.
DR.. Il. A. Dunsmoor, after a critical
examination of the skull, testified pos
itively in answer to a hypothetical
question. that the decorations of the
face and the fractures Of the skull
might have been caused by fall from
the buggy of the body, such as was
! described by Blixt, OF even that the
4 bullet might have caused the fracture.
Mr.. Dunn, another expert for the
state followed and gave similar testi-
mony. Mr.. Erwin was unable to
shake the belief of double fracture re-
sulting from the fall of body stand
/ ing on it's feet.
Blow to the Defense.
DR.. Nippert was recalled and a blow
was given to the triumph of the de-
Tense in showing that the weight of
the bullet taken from Miss Ging's
head was the same as an unused SO
short cartridge. He swore that in his
examination Of the skull he found
9 traces Of lead along the track of the
wound.
George Henry Payette, the messen-
! ger boy who carried the note from
Harry Hayward to Miss Cling Nov. so,
was called and swore that the note
was carried at 2:4O o'clock in the af-
ternoon. He produced the slip
signed by Hayward to prove it. This
evidence disproved the statement Of
Harry on the stand that the note was
, given the messenger boy in the morn
ing at about the time Adry swore Har-
nv made the talk about killing Miss
Cling.
Mrs. Adry Hayward swore that
| Adry took her riding the night of
! April 81, when the hold-up occurred.
She denied some of the statements Of
Harry as to what she had said to him
about Adry having revolver after the
quarrel of Oct. Z, and swore that on
the date that Adry said he had had
the trouble With his brother in the Of
| flee, Adry came home and procured
his revolver.
| Adry Hayward corroborated his wife
in regard to the drive April 81. He
stated that his father and mother
made untrue statements when they
said he had
Had Threatened to Kill His Brother.
He said that he saw the watch with
the deer head on it once in November
when his brother was getting some
money out of the safe. His brother
had not given him money to put in the
vault since September.
Mary c. Mathes, sister Of Mrs.
Adry Hayward, testified that she was
in the dining room where Harry took
his meals on the night Of Dec. 3.
Harry testified that he left there at
1922, but she said he came in there at
about Z o'clock and only ate a little
soup. He pushed away his dinner and
only glanced Mt the dessert. He was
in a hurry and left about eight min
utes afterward. This would make his
departure at about 7:1O. and would as
sist the state to show that he had
time to make his trip to where Mr..
Wilson swore he saw him in the rig
with Miss Cling. giving him ten min
utes to get there in.
James Ford was carried into the
room by two deputies. He has been
ill since January, and is a very old
gentleman. His testimony was i'm
pressive He was standing on Fifth
street when he saw load of wood go
by. A stick of maple dropped Off and
hn wont GrrOSS thp street and DicEr(1