The times. [volume] (Richmond, Va.) 1890-1903, 1895-03-07
To GO TO THE JURY.
THE "TALL PINE" HAS NEARLY FIN
ISHED HIS ARGUMENT.
Harry Hayward VIII Don Know His Fate.
Mr.. Erwin's Poignant Thrusts-The
Duty OF the Jury.

| w. Erwin, of counsel for the defence.
| was the magnet undoubtedly that drew
to the Hayward trial in the Criminal
| Courtroom this morning the enormous
| crowd that poured up and around the at
torneys' and reporters tables, and threat
ened to swamp the sacred precincts OF
the judicial bench itself. 1t was beyond
question the most dense, unruly, sensa-
tion-loving, unreasonable crowd that
has yet crowded within the Criminal
Courtroom of this city.
Mr. Erwin began his speech to the jury
at 10 o'clock. lie said:
"If this were an ordinary case, | could
not resist the temptation to satire before
i should attempt TO defy the red-handed
murderer and perjurer, Clause A. BliXt.
The doctrine adopted by this defence
regarding Clause Blixt-that because a
murderer repents, and that now his peni-
tence is to become the criterion of a
jury's judgment, TO eifectually destroy all
the laws of the human mind-such a
proposition is unnatural and monstrous.'
MIR. Erwin. in a fiowery burst of speech.
drew a picture of Clause n. BliXt, as
red-handede murderer, and pointing dra-
maticaly, he arose on his tip-toes before
the jury and cried "And from the
mouth OF such a creature, they say, comes
the voice of God!'
rben came n talk TO the jury. He con-
tinued:
RAP AT THE NEwsPAPERs.
In the last few years of these modern
tinres every effort has been made by past
movers and classes to make the jury
simply one of aids in public prosecution.
Ia hoe
the past twenty yeLrs TO destroy this
most ancient bulwark OF public liberty.
Public need, public opinion undigested,
the creation of public journali SIN, the Ill
formed judgment of passion, has been
used to give them greater weight and
power This is the unspoken movement
In this case to-day Why, we have tried
this case before two juries. One that has
not spoken and will not speak before 1t
can declare Its conscience before its God,
CAREFUL and deliberate.
And here IS another Jury, not devoted
10 the investigation OF truth. bIt given
20 the most sensational parts of daily
life. This jury tears down civilization"
she uted me tall attorney, turning and
gazing into the faces of the reporters.
Then a long finger was solemnly raised,
and the attorney cried: Every time It
dips it's pen I'm the ink, it is to write
hasty and undigested fact"
WHAT JURY IS.
Then followed historical disquisition
upon jury trials, showing its encroach-
nient upon by barons and mobiles, while
to-day 1t is trespassed upon by greed,
hypocrisy and selfshness.
What is a jury?
Is it an arm of the State?
No
Is it an arm of the defendant?
No.
Is it an arm of the court?
No
1t is a part of the court 1t 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 Judgment? For the
verdict is not your prejudice not your
belief, but 1t is your judgment. And
judgment upon what? Not upon the
chances, not upon the desire to secure
victim for some horrid crime, but upon
the evidence weighed by you.
Mr.. Erwin was bitter I'm his arraignment
of Blixt, and made a savage assault
urcr his character. Continuing. he said:
Now at first blush In the ordinary cares
Of life, In reference to a MAJ OF BliXts
character, If he should make charges
against one of your neighbors you would
not ordinarily believe a word of II. Who
ever thought Of using Judas as a witness
after the betrf val of his Master? That
was true penitence. and from such pen-
tence forgiveness came. He went out and
h'u himself He contemplated his own
usefulness. That's what your man ought
to do turning TO Assistant Attorney HalD.
| would take this penitent by Cardinal
Eustis 10 another confessOr than that OF
Friar O'Dell; TO another church not pre-
sided over by Elder Hall and Elder Stew
art. / would hold out as a bait 20 him
that only after this world could he get
forgiveness and mercy. You scOundrel.
only after you have hung yourself, that's
the forgiveness Of God. | have got to
take issue with the penitence of Claus \.
Blixt. I've got to do it and | might as
well begin IT. | think Blxt has proved
himself to be the most astonishing and
daring perjurer l have ever seen on the
witness stand. And one thing / have to
thank the Almighty for. for my skill
did not bring it out, that Blixt himself
has demonstrated his character Of a per-
Jurer Blixts testimony IS a structure of
vile falsifcation. He built II WELL and
when ne had finished the attorney for
the State put a splre upon It and called
1t the Church of the Living God
Then he turned his attention TO Adry
Hayward, and directly charged him with
being one Of the murderers.
The green goods story was sccffed AT.
and Nh. Erwin asked II the whole jury
had gone daft to believe such a piece OF
testimony as that that she hsd gene into
tnat scheme to go after green goods with
such looking thing as Blixt. 1t was
shameful. II cannot believe" said Mr..
Erwin, "by all that's in me, that he was
ever in the buggy with Catherine Cling |
repel IL for her sake, and so should YOU
1t is enough to turn down the father and
the mother and the witness. but not the
dead. No, Catherine Cling did not deal IN
green goods"
Harry Hayward stood on the stand as
Ging's best defender; her most |
gallant friend. He will even go out from |
under the Eangman's loop as her de- |
fender. / believe that il you could see
the spirits of the dead you would see |
her spirit standing there between that |
man (pointing TO Harry and you. She |
would be his best witness.
Whose attitude would you rather be in; |
the splendid altitude of the gambler as |
her friend, or the lying. pc, juring hy- |
pocrite whj defames herr"
Mr. Erwin claimed that Blixt's story |
aDOut consulting the UOctOT 10 KNOW /
where to shoot was an invention. made |
when Blixt found out that Harry had |
talked with a doctor at Anoka. The hyp- /
lotic story first emanated from that dis
.ingushed friar, Blixts attorney. BlIxts |,
emory ctme afterward He wrote that |
blackboard full and then wiped IL out |
again. What are you going to do? Has
lose confinement made you SO morbid /
hat all that's necessary to do is to tel