St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-02-17
LAWYERS SECRETS.
They Cannot Be Told in Court
by Lady Stenograph-
ers.
NEW SURPRISE FOR ERWIN.
Miss Waehtep Not Permitted
to Tell About BliXt'S
Statements
NEW SURPRISE FOR ERWIN.
MADE TO HIS ATTORNEY.
However, Judge Smith Will
Hear Arguments on Mon
day Morning.

The defense in the Hayward trial
at Minneapolis buckled down to It's
work yesterday morning as If Moth
ing had happened. In fact, there is
a very general impression that moth
ing did happen except what Lawyer
Erwin was we'll aware of all the
time. He was as smiling as the con-
ventionaI basket of chips when he
came into court and presented an
unruff1ed front to the enemy. MI.
Erwin affects to believe that VIII
sons story has not weakened his
case in the least. On the contrary,
he seems jubilant over it. His client,
too, shares in the general good feel
ing, but just how they manage to
extract joy from the liveryman's
moonlight observations is not ap-
parent.
Wilson was put on the stand by
Erwin. He had to be sent for. He
did not want to testify. That is
what he said on the stand. Almost
the first question put to the witness
by Mr.. Erwin was, do you know Mr..
Sweetzer here?" Witness said he did
not, and added a moment later that
Sweetzer had called at his house
last Sunday and asked him about the
case, and he refused to tell him any,
thing about it, A moment later he
used the word they in speaking
of the rig, and Mr.. Erwin, who, at
that time, was supposed to know
nothing about the occupants of the
buggy, asked this question: Where
did they come from?' a question
which would indicate some know
ledge of what Mr.. Wilson had in
mind-that there were two people
in the buggy. 1t is clear that the
of Wilson's story, but just how can
only be conjectured. Wilson says
he did not see BliXt as he drove
along the boulevard. 1t was a moon
light night, and he saw Hayward's
face with the moonlight shining on
it. The man he saw seated at Miss
Ging's side had light mustache
and wore a brown hat. The defense
will doubtless claim that Mr.. Wilson
is mistaken. That he could not dis
tinguiSh the color of a hat at that
time Of night by cursory glance
at both occupants of the buggy.
Then the recognition of the rig
itself will doubtless be questioned
Liverymen say that at 7:20 o'clock
that night it would not have been
possible to recognize the horse and
buggy. 1t will be remembered that
Mr.. Wilson was not urged to be sure
about his impression that the man he
saw was Harry Hayward On minor
points in the course of the trial
hours have been wasted in trivial
questioning, but on this all-impor-
tant point the
WITNESS WAS EXCUSED
without being pressed for clearer
recollection of his impressions. Mr.
Erwin, it is true, asked him a good
many questions, but he kept away
from the main point. He did not say,
nor did Mr.. Nye: This is a serious
thing. Are you absolutely certain
the man you saw in that buggy
was this defendant" Both sides
left the testimony of Mr. Wilson
open to all sorts of speculation.
A strong alibi may be established for
Hayward to prove that he could not
have been seen by Wilson. If this is
done, then Adry, or the mysterious
third party with the pointed shoes,
may furnish the defense with a plank
to stand on, and pave the way for
reasonable doubt
So far as Hayward's movements are
known on that fatal night he could
have been with Miss Cling, and, despite
the sharp figuring on time which some
people are indulging in, he could easily
have covered all of the ground and had
a little time to spare.
The proceedings yesterday were dull
and uninteresting, and were taken up
with the examination of a number of
physicians and surgeons, the defense
trying to prove by them that Miss
Cling could not have fractured her
skull and sustained the other injuries
to her head and face by being pushed
out of the buggy.
Maggie Wachter, the stenographer
employed by Blixt's attorney, was
called to the stand. Miss Wachter is
the young lady mentioned by Mr. Err
win when cross-examining Blixt. Ac-
cording to the insinuat tions in that ex-
animation, Blixt told Miss Wachter
while she was taking down his state
ment for his attorneys use that he
and Adry put up the job, and had
agreed to lay the crime at Harry's door
in case they were caught.