The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1895-01-22
'HAYWARD'S TRIAL
Supposed Murderer of Gather
inc Cling Before the Bar
of Justice.
WILL Be A FAMOUS CASE
Supposed That 1t Will Require
Two Weeks to Get a Jury.
The Defense.
WILL Be A FAMOUS CASE


The murder itself was remarkable,
and the efforts to save the man sup
posed to be the chief factor i'm the awful
kragedy must be in keeping with what
has gone before. There is no doubt that
there are many things which have not
yet come to light, and the chances are
that there are some startling develop.
1nents yet to come. Speculation as to
the line of defense has been rife, and no
sme has been able TO even hint at its ma.
ture. 1t was rumored that Hayward
would throw the responsibility for the
deed upon his brother Adry, and
whether or not the attempt will be sue
cessful remains to be seen.
Harry Haywards Nerve.
Harry Hayward's attitude from the
moment he appeared before the inquisi-
ton in the mayors Office down through
The subsequent events, when he stood
beside the corpse of the murdered woman
and tenderly stroked her black hair as
she lay there cold in in death, and later
when the twin sister of the dead woman
came TO him in the cell at the county
Jail, can only be characterized either as
one Of stupidity or of stupendous nerve
Granting that it is pure nerve ON his
part, the fact must be explained, and the
efforts to explain it have given rise to all
sorts of theories. The one easiest to be-
heve, and which would account the
most satisfactorily for his attitude Of
cold indifference, is that he is buoyed
mp by the belief that he is able to shift
the crime to other shoulders, and the re-
port that those shoulders -sas
VIII BE His Brother Adry's
world appear to be borne out by certain
1a6g which have 1ataly been reported as
trne. Adry Hayward has steadily
maintained that he did not knw Cath.
crime Cling, and yet the statement is
made that ON several occasions he met
her secretly at the Ryan hotel In st.
Paul, This report, it is only just to say,
cannot at present be verified, but if true
itmight be important. .@....*
When w. w. Erwin first took charge
OF the defense it was given out that he
would make an attempt to show that
Adry Hayward had closer connection
with the death of Catherine Cling than
he was generally believed to have had,
Adry Hayward's cowardice in deserting
his brother and informing against him
has always been considered as very sus.
picious, and as indicating that he was
looking to concealing his own connec-
ton with the case by throwing the onus
of the whole affair on Harry.
Adry WIN Play Part.
OF course the mere fact that Adry
Hayward frequently met Miss Cling in
Sc. Paul, and later denied all acquaint-
ance with her, does not necessarily i'm
plieate him i'm her taking off. 1t would
be very natural that, ON account Of fam
lily reasons, he should deny having had
anything to do with her.. And yet, in
the light of subsequent events, family
considerations would not wholly ex-
plain Adry's disclaimer of any knowl.
edge of Miss Cling or her affairs.
many event, Adry Hayward will play
an important part in the trial of his
WV. Erwin, st. Paul's famous law
yer, will lead in the defense, and will
be seconded by John Day Smith. A. It.
Sweetser will also take hand in the
defense. Just what line of defense will
be used is not yet known, but it is gem
orally admitted that the insanity dodge
will not be worked to any great extent
The public is familiar with the various
snrmises that have been advanced as to
how Harry expects to wiggle out of his
apparent guilt.
The States Case.
The County Attorney Frank NJ Nye
and his assistant, A. Ell. Hall, will repre-
sent the state. In direct contradiction
of the claims of the defense, the state .
representatives declare that they have a
strong case Many attorneys think that
the state has very weak case. One
point where lit is notably weak is that
even liz Blixt makes a confession on the
stand it will not have very much effect
when the jury understands that Blixt is
accused of the same crime himself
Again the damaging statements tbat
Harry Hayward. made while in the sweat
box will not be Of much use to the prose
cution because the defense viii have no
trouble in showing that shey were made
under dllress.
Long Time TO Get Jury.
Al. Fl. Hall viii open the case for the
prosecution. and John Day Smith win
open the way for Mr.. Erwin.
Everybody viii be surprised III the
Jury Ii secured inside of two weeks.
There arelaltogcther 225 men available
at present Tor service on the jury, in
clutiing the special Fenire Of rs men So
lected BY Judge Smith, Auditor Cooley.