St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-03-03

l ofl.
Q. You saw him running the length
| of that bill board? A. Yes, sir.
@. How far was he behind your car?
A. Oh about the same distance, the
length of tho bill board, 20 or 25 yards,
q. Seventy-five feet out in the night
and removed from you-Hennepin ave-
nue. is 100 feet wide, or is it 125 feet
wide-how wide is it? A About 100
feet; think it is narrow there.
@. Who else was on the vestibule
besides you and the conductor? A.
! Not any one.
q Then there was room for you to
I stand with your back to the rear in
the vestibule? A. Stand any way.
@. You could not see without look
| ing through the glass? A No, sir.
! Q. And what you saw you saw
through a glass, and saw through
| glass out into the night? A. Yes,
| sir.
| Q. The man never got any nearer
to you than you have described, this
| distance? A. A very few feet, if any.
| The car was going there about at the
rate of a slow walk, stacking down for
| the turn just above that, and whether
he gained on the car when he was run
ming or not, don't know; it would be
| a difference of a very few feet.
@. How long have you known Harry
| Hayward? A. don't know him.
Q. Then you had never seen him be-
fore that night? A. Not to know him,
| no, sir.
Q. How long have you known Adry
! Hayward? A. 1 don't know him. ex-
cept by sight.
@. How long have you known him
by sight? A. Oh, six months or
year or so. perhaps longer; don't
know him at all to speak to him.
O. How could you tell these two
boys apart that distance and through
that glass and through that night? A.
The peculiar way in which the man
ran; he has a very peculiar gait, diff
ferent from any man ever saw.
Q. You had never seen him run be-
fore? A. No; 1 have since.
@. When you saw him run since,
where was it? A. From the jail over
here-between here and the jail.
O. Who was with him? A. The jail
ers, I presume, a man on each side of
him. 1t was one of the first days of
the trial, when one of the jurors was
being eXamined-when they were Sc
curing the jury. I took a position
| where 1 could see him as l did that
night. 1 was trying to prove that 1
was mistaken. And I only wish you
could convince me that [ was: I
would like to be convinced that l was
mistaken.
Q. "a man convinced against his
will is of the same opinion STILL" A.
1t is not against my will. however. I
really hope you can convince me.
@. Now, you knew Adry by sight,
did you, before that time? A. Yes. sir.
Q. So you got, around in front of
Harry when he was coming with hand
cuffs on him-he was handcuffed? A.
I didn't see the handouts, but L sup
pose he must have been; he held his
hands down this way Gndicating).
Q. And he had a peculiar gait as ne
hurried along between the officers and
this motley file of citizens? A. There
wasn't any file at that time; there was
few people gathered on this corner.
@. You saw a popularity in his gait
when he was in this condition? A.
Yes SIR.
Q. And he had that same popularity
in his gait when you saw him on the
night of the homicide? A. Yes, sir.
Q. And that is the way you recog-
y
Q. Now, Mr.. jerks. when did you
first report to anybody on earth that
you saw Harry Hayward that night?
How long after the trial began? A. 1t
was before the trial began. It might
be two or three weeks.
Q. To whom did you report it A.
mentioned it to neighbor in my own
family-in my own home.
Q. Who, connected with the prose-
eution or with the public press, or
with the states authority, did you first
report to? A. This neighbor reported
it to
Q. I asked you when you first re-
ported it. Now, you have nice way
fixed up to slide this in here.
Mr.. Hall object to that-and [ OBJ
ject to him treating the witness in such
a manner.
The Witness-Well, I will answer him
the same way if he wants to.
The Court-Well, you cannot answer
in the same way, and he cannot ask
you in that manner. You must treat
the witness with respect, and he must
treat you with respect.
Mr. Erwin-Well, 1 am going to post
pone my respect until 1 find out
The WitneSs-I have not POSTPONED
mine; 1 haven't any.
| The Court-You want to keep cool,
Mr.. jerks, and answer the questions
! he asks you. He must put a proper
question, and you must answer them
properly.
The Witness-I simply ask the protac-
ton of the court that he will not abuse
| and insult me.
l The Conrt-Wa1I nrOnaaJ
Q. If you were anxious to be cor
rected in any mistakes, you would seek
criticism, and not despise it, A 1 am
willing to be criticised, but not abused
or insulted.
| @. Who did you first report to about
| this matter? A. Detective Hoy called
on me at my Office concerning it. That
| was the first time I ever spoke to him.
L never had any conversation with him
before.
I Q. After talking with Detective Hoy,
who did you next report to? A The
! county attorney. That was during the
time they We're selecting the jury. If
L remember correctly, two or three
only had been selected at that time
@ And after that time you located
yourself here SO you could see Harry
Hayward run? A. 1 did, yes, sir, at
that time.
@ And after you had seen him run
you became convinced he must be the
man, in your mind? A. Yes, sir.
@. There is a possibility of your be
ing mistaken, too? A. Certainly, a
possibility, but not a probability.
; @. And then, when you testify that
that was Harry Hayward you mean to
testify from reflected memory, cal
culating memory, made up and arrived
at at time subsequent to the car pass
ing a man on the avenue that night?
] Mr.. Hall-Objected to as being double
and argumentative. If you divide the
| question 1 will have no objection.
The Court-The objection is sustained.
. @. It is possible that that might have
been Adry, is it not? A. No, sir.
O. Why? A. Considerable difference