St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-02-15

money upon the life insurance of an
other, but it is frequently done. The
evidence in this case as introduced
here shows that Catherine Cling in
tended to enlarge her business, that
she intended to take store on Nicol-
let avenue; whereas, prior to that time
she had had rooms on one of the up
per floors of the Syndicate block.
She intended to put in a stock of
goods: and that this money was OBJ
tanned from Harry Hayward was to
be used in stocking that store. 1t is
probably shown by the evidence for
the state that Harry T. Hayward, the
defendant in this case, counSeled with
Miss Cling in the obtaining of $1,000
upon her life in the New York Life
Insurance company and a $1,000 acct
dent policy in the Travellers Insur-
ance Company of Hartford, Conn.,, but
it was developed by their own wit
nesses that Catherine Cling. when she
came to obtain that policy in the New.
York Life, did not take the
CHEAPEST KIND OF INSURANCE
that she could have obtained-that is,
she did not take the cheapest quality.
She paid the larger sum, to obtain
what is called, l think, a twenty-pay-
ment policy, than she would had she
obtained an ordinary life insurance
policy for $1,000. This is opposed to
the theory of the state that they were
cOunSeling together and were going
to put out just as little money as they
could. and they were going to get in
surance policies to the extent of $10-
600 to cover, as the state says, an al
legged loan of $1,000. All of this con-
versation which Harry T. Hayward
had with this insurance agent in the
city would resemble very much the
conversation that you or I would have
if we went to have our lives insured.
The striking out of the suicide clause
in an insurance policy was then taken
up, and the speaker urged that while
no one expected to commit suicide,
still the policies which contained no
suicide clause We're the most popular
He said the state had not shown all it
proposed to show in its opening adj
dress. The defense would claim that
Harry Hayward loaned Miss Cling
money prior to the note of Nov. "A,
1894. Continuing, he said:
Now, gentlemen, the theory Of the
prosecution in this case is: You will
understand that there are two counts
to the Indictment. One accuses the
defendant in this case with causing,
influencing and procuring one Claus
A. BliXt to commit the murder And
the other with actually committing it
himself. Of course, the second count
of the Indictment is not relied on, and
that may be counted as out of the
case. The first count of the indict-
ment in the case is the one that the
state relies on. The theory of the
state is this: That by influencing, by
subjecting this man Blixt to some
pOwer-the word hypnotic was not
used by my friend Hall in his address
but If the influence was what the
state claims it to have been, it must
have been actually a hypnotic in
f1uence, and comes beyond the ordi-
nary power of man which Hayward
had over Claus A. BliXt. And while
under this influence he perpetrated
that awful deed in that awful manner.
WHAT DOES BLIXT TESTIFY TO?
You have seen this man on the wit
ness stand. The assisting prosecuting
attorney stated here before you that
he was almost a gentleman. I blush
with modification for other men who
expect to have that name applied to
them. Almost a gentleman The
man upon whose face God has placed
the mark Of the passionate nature
Within Almost a gentleman A man
who had been employed in such avo-
cations as might or might not fit him
for the performance of this very act
BIixt's statement is that when COM
pIeteIy under the influence Of this
man, and through a sense of fear as
he sat upon the witness stand, with
that logged determination in his
face that he was afraid that Harry
T. Hayward would murder his
wife. If that were So why didn't he
take his wife and leave the Ozark
flats, if he was afraid of violence on
the part of Harry T. Hayward? It is
the most preposterous thing in the
world; that this man. stubborn, and
naturally cool and vindictive, as you
can see in the very manner of his tes-
tifying-that he should be afraid of
Harry T. Hayward: afraid that he
would murder his wife! He did not
claim he was afraid of his own life;
he did not claim that he was afraid
of personal violence himself, as l re-
member it. That he followed Harry
T Hayward down to the corner of
Kenwood boulevard and Lyndale av-
enue, and then out on KenWoOd bou-
Ievard a piece up, where they met Miss
Cling in a carriage-did not meet her,
but found her waiting. And then you
heard his story, how he turned and
drove out Hennepin avenue. He fol-
lowed Lake street out to the head of
Lake Calhoun, and then took the Elk
ceIsior road he had the revolver, he
says, in his pocket; a part of the time
in his hand. Why could not he have
stopped then and driven back part
way to the city. and told Miss Cling to
drive back to the city and have gore
to police headquarters and reported
the author of this foul murder, ac-
cording to the theory of the state?
Didn't he have the courage to do that?
He had the courage to do anything
Then, he says, after going a short dis
lance on the Excelsior road-the most
remarkable thing in the case-that
when Catherine Cling was leaning for
ward in the carriage in order that she
might look out and look back-an al
most impossible thing for her to do
what did he do? Why, he says, I
looked traight ahead and took the
revolver up in front of me and fired
without taking aim And
WHERE DID THE BALL GO?
with unerring precision it went in a
little back of the ear. 1t passed
though the base of that woman's brain
and got into the orbitaI bone and out
by the left eye. And that man says
that it was just like hitting her that
way. Do you believe that? 1t would
certainly be a very remarkable thing if
it was true. Then what did he say he
did? He took the robe off from that
womans lap and held it up against
her person into the back part of the
carriage and drove on: and drove until
he had passed down, he remembers,
into the tall timber into the Excelsior