The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1895-02-05
Said That One Will Be Sprung g
In tho Hayward Case
Soon.
BLlxT's EVIDENCE NOT NEEDED
The Defense VIII Attempt to
Prove Rllxt a Liar and
Adry Insane.

Hayward case has a surprise TO spring
upon the defense--a surprise which will
take Mr.. Erwin's breath away.
It is no Less than evidence other than
that of Blixt to prove Hayward's guilt.
Blixt will be placed ON the stand prob
ably on Wednesday, but not later than
Thursday in any event, unless there
should bean unforeseen delayin the case,
but the prosecution claims that it is now
in position where it win not be obliged
to depend ON his testimony in order to
secure a conviction. He might die, or
when he goes on the stand he may deny
the story he has already told That H
WIN Make No difference
with the states side of the case. 1t Is
prepared to prove It's claims without any
reference as to what Blixt may say.
County Attorney Nye had long COM
ference with Blixt at the jail At that
conference the attorney was placed in
the possession of additional important
facts which nave not heretofore been
made public, and which win not be dis
closed until the witnesses upon whose
testimony they depend are placed upon
the stand, but it can be safely said that
they are startling in their character.
Last Long Time.
TIL trial win probably not be over
before March 1, and the third week
finds the state scarcely started upon the
case. Up to date there have been nine
days spent in securing jury and open
ing the case Then the taking of testi-
mony was interrupted by the illness OF
juror, and two entire days were lost i'm
this way. AS matter of fact the only
evidence thus far adduced to the max
ing of D case has been the establishment
of the murder by the Identification of
4 the body, the circumstances OF its find-
ing and the formal testimony of the
coroner and his deputy that death was
caused, in their opinion, by the bullet
wound in the head.
Intentions of the Defense.
While w. w. Erwin and his confer
rees are trying to keep the probable
line Of defense i'm the Hayward case
from the public, little by little scme
parts of it are unfolding themselves.
The public was made aware of portions
as soon as Mr.. Erwin began his cross
examination of jurors, then followed 1t
up with more when the cross examina4
ton of witnesses began. In this way
it was given out that insanity would be
an element, that the defense was look
ing for that third man, the one with the
pointed shoes, that the murder must
have been done differently from the
manner described by Blixt, that there
must have been blows struck
Before the shot WAS Fired.
The fact of the matter is, the defense is
feeling quite buoyant This is the way
its friends reason in the first place,
there il that reasonable doubt. De-
fined. this means that the state must
show It's case i'm such a manner that
there is absolutely no other theory than
theory of guilt. H, after the defense
has assailed the states testimony, and
introduced its own, the jury can follow
out theory Of innocence from the facts.
Under it's oath, the jury il bound to ac-
cept that theory i'm preference to the one
of guilty. 1t il not by preponderance
of evidence that jury must select
which one of these two theories is prob
able. but If the theory of innocence is at
all tenahle, or even possible, the jury
must accept it and acquit.
WIN Try to 1mpeach Blixt.
The defense has several hard points to
contend with. To begin with, there il
that damaging confession OF Blixt star.
ing them in the face as the one huge
specter. Mr.. Erwin brushes that aside.
Blixt ID liar. He has told various
stories, all differing. The defense So
cures some Of the people who have
heard some of these stories, so that il
Blixt makes a slip under cross-examina
ton he can be impeached. Erwin hops,
with his wonderful skin at crosse exam
ination to make the jury think Blk
is lying in order to screen q third party
This they think will bs easy, for Blk
will be so much potter's clay i'm Erwin
hands. They do not fear Blixt as mucl
as Adry.
Adry il apparently gentleman and
man ia whom the jury will listen
What will be done with this lessee
spesters The defense will try, nay, say
il will show that Adry Hayward IL, AM
has been, as visionary as the mos
chronic imbacile, harmless, but iiacon
petent. This is the intent. Insanllt,,
win be shown to have been in the fam
ily for years back, to add to the claim
For this the depositions from Hiinoi