Courier Democrat. (Langdon, N.D.) 1891-1920, 1895-03-14

sensationalism, OF the dissemination or
ill.inyestigated. half. digested news, the
Jury Of destruction. The SPEAKER then
went into long and careful cXplana-
ton of the origin Of the trial by jury,
the law governing It Al rthc theory
Of reasonable doubt.
Charges Adry With Murder.
"Adry and ! tR. the job jsd, to XII, KIN
to lay it OH Harry"
Upon the above words, the testimony
of Maggie Wachtler, Nv. w. Erwin
reared his defense as PRESENTED to the
jury in his last appeal for the life of
his client. A family torn asunder,
brother against brother, for the Hay
ward family stOops not Mt sacrificing
Adry. the elder son, in an effort to
save the younger, Harry, the pet of the
family. All through the day the Tall
Pine" Of Minnesota labored with the
jury. winged his pegasus to flight,
filled the crowded court room with eld-
qucnce, and hurled invectives in the
teeth of the prosecution. in order that
the jury. might have suspicion that
it was Adry and not Harry who was
ut the bottom Of the deed; that it was
Adry and Blixt who had killed Cath
crime Cling for her oney ard that the
4 tissue of lies to hide the real GRIM
inal and place the moose about the
neck of his martyred brother.
He referred to the hypnotic theory
and insisted that many Of the state
ments Of Blixt had been given to fight
such a theory erected by "Friar Odell."
Hypnotism was new idea in law. A
Kansas court had listened to it, but
the appellate court had kicked it out Of
the window.
Mr.. Erwin will continue his argyll
ment in the morning and will probably
consume almost the entire day in his
argument, but it is possible that the
case will go to the jury at night.
| Minneapolis, March 9.--Mr Erwin
;esnlned his long effort before the jury
for the life of Harry Hayward. The
mother of the defendant Was not pres
ent. but his father and IN aunt occ,l-
pied seats in the witness row. County
Attorney Nye was still absent, and,
indeed, he is not likely to appear again
i'll the case for some time. He is con-
fined to his bed under Il physicians
care, and his condition is quite serious
1t developed that in case of convic-
tion-which is confidently expected by
the state-imlnediate sentence will be
moved. The defense, on the other
hand, has made every preparation for
a stay, and an appeal in case CT con-
viction.
/ FNhopn
plying for admission. but not more
than third succeeded in getting into
the court room, which was packed to
sutfocation.
Mr.. Erwin at once began anew the
attack on the testimony of Blixt, which
he admitted was the very focal point
of the case. 1t was full of the most
serious contradictions and inconsist-
cncies and unworthy of credence He
then turned to the question of the i'm.
munlty promised by the state to BliXt
and Adry Hayward for the sake OF
, convicting Harry. This he declared
/ was revival of the old and pernicious
practice of TURNING states evidence in
vogue in England, and he called upon
the jury to stamp it out.
Erwin Long MINDED.
For ten hours Mr.. Erwin has ad
dressed the jury in the Hayward case
and yet he has not finished. At {
: o'clock his voice !loarse, his tall form
/. trembling with his efforts, he turned tt
7 the court and asked for an hour to-
2 morrow morning. The court was 10th
$ to grant the request. The members OF
S the jury We're suffering, and it was i'm
D peratlve that the case be ended. Mr.
$ erwin begged for the time. Judge
, smith wanted him to finish to-day, but
0 the attorney stated that he was moi
< able physically to go on with his argu
j ment. Judge Smith left it to the Jury
t and consent was finally given.
$ u will need an hour for my charge >
: SAID Judge Smith, land this case must
f be- finished before afternoon. If the
a case IS adjourned it will be until !
2 O'Clock tomorrow morning."
III your honor please" said Mr.. Err
s win, Il will try to finish in an hour.
4 vii! promise not to consume more thar
G an hour and a half, if l have to breal
S OH IN the middle of a sentence"
r All through the day Mr.. Erwin ken
upon mat one beaten line, hurting al
ms cioquence, all the power of hi.
y the evidence of Claus A. Blixt and "
: cidcntally that Of Adry Hayward Fl.
eXtolled the wonderful patience O
y hayward iaH his coolness, and then said
- before you Sits the proof of his in
nocence, pointing to Harry. eva.
!, ever innocence so sorely tried in Coz
Almlghtys world as this mans inno
: cence! Don't make him an insane ma,
lor Iae purpose Of conviction" h,
crled' and refuse him the defense -
insanity for his acquittal." '' "
Inc case will go to the jury almos
: at the close of the seventh wcel, -
:: noon tomorrow. WIEN Il
+ "h" Succeeds Bishop Marty:
Sioux Falls, s. D.. March o.-Yeste,.
$ day occurred in this city the meetine
: OF the counseiors who chose the name,
r OF tnree candidates. first, second anf