The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-01-24

Minneapolis, Mimi, Jan. 2S.-In the
Hayward trial, the plan of defense is
gradually becoming apparent.
No one believes that an attempt will
be made to prove Harry Hayward in
sane, but instead, the opinion prevails
that efforts will he made 10 prove Adry
Hayward guilty Of the very crime with
which in his confession he has charged
his brother The defense it is believed.
VIII attempt to show that Blixt is in
sane. and that, while his confessions ara
true. statements of facts as TO the way
in which the crime was committed and
melted, show the man who engaged him
to do this work was Adry not Harry
Hayward.
BIixt's Queer Behavior.
BHxt's behavior in jail-now fran
tically fearful and again fearlessly con-
ddent-wi1 be used to show that the
man is not well balanced mentally and
to inlpeach him as a witness. The
fourth Juror was secured today in the
person Of john Smith. a blacksmith.
During the eXaminat ton of veniremen,
Attorney Erwin asked William Jay, 70
cooper, whether ne had any opinion as
| to the defendants guilt or innocence.
yes, have replied Jay. L should
say ne was guilty
Mr.. Erwin stood aghast while the
| laugh went around. Hayward himself
joined in the merriment. Jay was ex-
cused.
| The attorneys in the case, right after
the days proceedings were over, had
! a long examination of Adry Hayward.
/ The defense made a demand on the
prosecution to be allowed 10 take
| Adry's statement in full and the de-
mand was acceded to. What took
| place during the examination is kept
! secret. The county attorney admitted
| that the conference had been held, but
expressed surprise that the fact had
( become known. He added that Adry
| Hayward had on that occasion made
a. much more complete statement than
| any yet made, and had gone into de-
| tails as to his brothers plot to murder
| Catherine Cling. The statement was so
| strong in detail and apparent truthful
ness that the attorneys for the defense
! We're staggered and taken completely
| by surprise. John Day Smith, counsel
for the defense, could not conceal his
| amazement and chagrin. He admitted
| that he was completely paralyzed by
| the brothers story. So crestfdllen was
his manner that Mr.. Erwin was com
| PEELED to tell him to brace up.
| Adry Very Nervous.
Adry seemed more nervous than
ever during the first ordeal Of this
kind at the city hall, and apparently
now realizes with a greater force than
! ever before that on his words hang
| the fate of the younger brother. The
mans face was gale as he began TO
speak of Harrys influence over him
and the various ways in (which that
| influence had been exercised. He went
on to enumerate certain threats that
/ had been made against his own safety
| by Harry, and declared that he had
been forced into an apparent com
| plicity in the crime of murder by ac-
ltual fear of personal violence, as well
as by an influence of Will That he
could not define
Becoming more voluble as ne pro
J ceeded, the informer told how Harry
had approached him on the subject of
! the killing and how he had tried 10
shake his brothers determination
without avail With the utmost de-
Harry to give up the Idea of murder,
using at first SUCH arguments as
would have been likely to influence
a man with an atom of humanity.
lastly, appealing TO his sense
Of fear. Adry pointed out that escape
| from uhe results OF Sucn a CRIME WCu1d
be almost impossible, and that the per-
petrators would certainly be hanged.
Called Him = Cur.
All this was without effect on the
brother, who called Adry a cur and re-
marked that ne had no sand at all.
Then came the story Of Adry's visit to
Elder Stewart. and his communication
. to that gentleman of the facts in the
case. All through the statement of his
Il connection with the case, Adry kept his
eyes fixed on Mr.. Nye, the county attor-
ney. and appeared anxious that not a
single bit of the fearful story might es-
Icape his memory. At times his face flushed
like that of a man in a high fever; again
, il was ashen-colored to the very lips.
More than an hour elapsed before the
story was done.
Ali through it, Attorney Erwin sat 81
lently.