Courier Democrat. (Langdon, N.D.) 1891-1920, 1895-03-14
THE HAYWARD TRIAL
THE MURDERER OF CATHERINE
CLING ON TRIAL.

Progress Of the Celebrated Murder
Case at Minneapolis-The Defense
Produces yNitnesses in support OF
| the Third Man Theory.
| Minneapolis. March 6. - The pro-
| tracted sickness Of Juror Dyer, the
ageu Minnetonka boat builder, and
States Attorney Nye, made it neces-
sary to postpone the closing argu-
ments in the Hayward case to-day I'M
| til tomorrow morning. 1t might have
been possible to have carried the gray
headed juror into the court room, but
mfr. Nye was in no physical condition
to make the closing plea.
| The prospect of hearing this eloquent
advocate Of the state brought out Il
| large crowd this morning. 1t was ear
" whispered about the court that
Juror Dyer had gradually grown worse
since Saturday, and that possibly he
| would be unable to appear. EARLY this
| morning DR.. Spring was summoned to
| his hotel, and afterward Judge Smith
and he had a consultation, the result
of which was that the judge, on tax
ing his seat. announced that court
would stand adjourned until to-mor-
row morning.
Minneapolis, March THE closing
act in the great Hayward murder trial
was begun under strange auspices.
The deputies and attendant nurses
had brought s. FL. Dyer, the sick and
aged juror, carefully into court and
deposited him III i reclining attitude
| in an easy chair. 1t was an evident
effort for him to hold his head up, but
when at last he had found comforta-
| hle position, court was opened and the
defense having Concluded to intro
duce no more evidence. Frank Nye,
the county attorney, rose to address
the jury. His face was ashen pale,
and his eyes shone like twin stars in
a dark night 1t did not seem, as he
leaned against the table, that he could
possibly prove equal to the five hours
of talk that were before him. However.
before he had been talking twenty
upon him, and the mental inspiration
of the complicated and remarkable
case which he was now summing up
for the jury played It's part. His voice
rang out like Il bugle, and his friends
were confident that he would hold out
to the end.
Mr.. Nye opened with an admission
that he did not feel strong enough tC
be sure Of going through to the end OF
the closing argument, but he felt sure
that the verdict did not rest on any
arm of flesh. God, who ruled the uni
verse, would direct the light of trutf
on
This Extraordinary Case.
Briefly but effectively he thc1
sketched the career Of Harry Hay
ward, his gambling proclivities, his as
sociations with Miss Cling and his in
fluence over ''this sick man. BliXt
The crime had been committed b.
Blixt at the mediation Of Hayward, bu
it had brought with it Il revolution il
his entire being. After it came con
science, remorse, horror of himself
No man could picture the agony Of tn
horror that Blixt endured after tn
cimmission of the crime until he dc
ciGed to tell the truth. Hayward ha,
pursued this plan of getting BliXt un
. der his mental DONNA ton for months
Blixt had killed Kate Cling in a frenz
and not as criminal would have don
it. He had gone to the deed with hi
hands grfmy with honest toll; he wa
not criminal art heart, but man VIII
[ earned his bread by the sweat of hi
], brow. Scarcely knowing what he die
he had hurried Door Kate Cling int
eternity at the behest Of that blac
i Villain and constituencies scoundrc
here accused. Mr.. Nye dflated a
length on the fact that for two day
that ignorant man had sat on the Wi
ness stand under the scathiEg fire Q
the most brilliant cross-examiner 1
Il the United States. without flinchin
from the truth. The great Erwin ha
been but mere puppet in the hand
of this man, endowed with God-give
: strength to withstand the ordeal. TIL
!, confederation Of Blixt's story wa
t ample and complete. and the speake
traced it out in detail.
Nve Applnuded.
Mr.. NWe followed the testimon
carefully and concisely, elaboratin
J eloquence that ;offered by the state
Z and erificising and pointing out til
I: weak points Of the defense AS h
tory such as the people had seldol
2 i ACd4u GU UCuSuluf5, 81 lCh0Cl, ~ dCCus
!, ing, so denunciatory, and then at til
last, as he delivered the case to tn
jury there Were tears in that fiexibl
voice as he eXhorted the jury to do a
God wiiled and stand by their cor
sciences in the rendering of ver1ic
Then at the close there was the mos
spontaneous burst of applause eve
heard in Il Hennepin county ,cour
room. Mr.. Nye sank in his seat an
received the congratulations of hi
friends. first among whom was his ar
tagonist, w. w. Erwin, who faeartil
: complimcnted him upon his wonder
full work. Mr.. Erwin will Begin hi
| argument tomorrow morning.
II Minneapolis, March sS.-This was III
defense's day in the Hayward murlle
aItrial. The evidence was all in, the al
,torney for the sta.e had said .his las
aword to the jury, and it devolved rpo1
the "Tall Pine" w. w. Erwin. t.
say the final words i'll ahe defendant
behalf before the judge sent them on
to arrive at Il verdict. The scene wa
a most impressive one. The sick juro
had been made as comfortable as DOS
Il Sih1o far tho final nrdo,I ard +bn oa,,,