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

face of his mother sitting yonder and
reciteS the conversation when he had a
quarrel with her and quarrel with
other members of the family, and says
to his mother who bore him and who
has watched over him with a tender
solieitude, as only mothers can, Why
did you bring up such litter of pups?'
These little things are induces of
character, of which we will show you,
gentlemen of the jury, by evidence
that we think you will believe, that he
has threatened more than once
TO KILL HIS FATHER.
1--WE will show you that his life has
been a series of eccentricities and fail
ures.
''It has been intimated by the princi-
pal counsel for the defense in this case
that he INTENDED to introduce evidence
showing that Adry Hayward was
man with an insane diathesis, subject
to these insane delusions. Medical ex-
perts, both for the state and the de-
Tense, have watched him, and l pre-
sumo will examine him.. We propose
to introduce testimony showing that in
the line of his ancestors there have
people, and that they have been con-
fined in the insane asylum.
Now, gentlemen of the jury, there
has been a great deal of surmising
whether this evidence would be used in
relation to Harry Hayward or not. We
believe that Harry Hayward is much
more sane than Adry is.
Gentlemen, the question that you
will naturally ask is, What is the the
DRY Of the defense?
THE DEFENSE HAS NO THEORY.
Theories have hung a million limo
cent men. When the prosecution starts
out with a certain theory, gathers what
evidence will fit the theory and re-
jects everything that will not fit into 1t,
it is unfortunate, to say the least. 1
want you to remember that one OF the
safeguards with which the defendant
in this case was surrounded when he
was brought in here, and when he
pleaded to that indictment, was the
presumption of his innocence.
Mr. Smith then proceeded to argue
that because Harry Hayward had been
charged with the crime and arrested,
these facts should not initiate against
him. The defense was not compelled
to bring the actual murderer into the
court The defense plead not guilty to
the indictment. Blixt's story must be
corroborated before it could be be-
lieved.
Then. gentlemen of the jury" he
added, I'VE will attempt, and l believe
| we will succeed. in establishing an alb
solute alibi as to the alleged meeting
! of Blixt and the defendant in this case
on the Kenwood boulevard between
half-past Z and 8 o'clock on the fatal
evening of Dec. 8. 1894
''They have proved by their own wit
| nesses that about haIf-past { in the
evening Harry T. Hayward was in the
| basement of the Ozark fiat from 20
| minutes past to half-past Z, the time
not exactly remembered. 1t has been
proved by Miss Ireland, a witness who
has been put upon the stand, that from
half-past to perhaps % minutes to 8
! Harry T. Hayward was in her room
making certain inquiries. 1t will be
proved by the father AMI mother n
this case that at % minutes of 8. or
| thereaboUts, Harry T. Hayward came
into their rooms, and then it is proved
by the states witness. Adry Hayward,
that from Il to o minutes Of g Harry
| T. Hayward was If his room. Ara
hen we viii prove ny evidtuc: thai
you will not FOR Il moment 'IouH., that
from 3 to Z minutes of he was at the
residence of a reputable attorney in
this city, who will testify to that fact,
and that he accompanied his daughter
to the theater.
57 WE WILL PROVE
that he was there at the theateF, and
that he returned home at about the
time proved by the prosecution in this
case.
Gentlemen, if we can prove that,
what will there be left of the false
testimony of Claus A. BIixt? Simply
that he killed the woman, and that
Harry Hayward, the defendant in this
case melted him to do it, That is all
there will be left.
Eve propose also to uncover every
thing-to bring to light some of the
testimony that has been in possession
of the county attorneys office.
There was brought to the attention
of the city authorities on either the
night that Adry or Claus A Blixt
made his confession the fact that a
very suspicious man had been stopping
at a-eertain place in this city, and that
his conduct had been such as to justify
the belief that he had guilty knowledge
if he did not actually participate in the
murder. They had received these state
mentS of Claus A. BliXt-the gentle
manly Claus a. Blixt-and they did not
want anything further, they told this
man to keep his mouth shut
The speake next alluded to eX-Sheriff
Eyes remarkable find on the shores of
Lake Calhoun, and, after fling at the
state for the peculiar manner in which
Mrs. Hazleton's evidence had been in
troduced, he said:
But, gentlemen of the jury, we have
nothing to conceal; the defendant in
this case will take the stand in his own
behalf, and he will tell you all the re-
lations between himself and Catherine
Cling. And he will confront this testi-
mony of Blixt, and this testimony of
Adry Hayward.
1T has been commented upon, al
though 1 have not the right to call
your attention to the fact where the
comments came from-comments are
not in evidence-that Harry T. Hay
WdIu. LIl0 ueIOHQdAI III lLlS case. mas
shown an Indifference during the pro-
gress of the trial. If he had broken
down and shown the mortal fear of the
coward, Claus A. Blixt, why, you
would have said at once there is the evil
dence Of a guilty conscience.
las stated by Mr.. Hall in his opening
address to the jury, Harry T. Hayward
has moved in good society in this city
and aside from the fact, which was
known only by g few, that he gambIed
he stood well. There has been nothing
against his reputation; he comes into
this court in this way, and he is con-
fronted by the testimony of deadly en-
nifty on the part of his brother Adry
and the perjured evidence of a man
who is trying to cover the track Of his
confedera tes-Claus A Blixt
Every witness in this case who has
given false testimony-every witness in
this case who has misrepresented in the
least-every witness i'll this case who