The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1895-03-01
Witnesses in the Hayward
Case Testify Regarding
the Stranger.
WAS WITH MISS CLING DEC. 8.
Attorneys Erwin and Nye Have
a Wordy War Over the
Evidence.

by an attorney, Charles Ebert. Ebert,
he says, described to him what he must
say on the stand, trying to have
short man substituted for rather i'm
portant tall man. Ebert had been
representing himself as one of Erwin's
men. The witness said he did not find
out until last Saturday that Ebert was
working for the states side of the case.
Then, he declares, he allowed him to go
on. Tuesday night he for the first time
informed Mr. Erwin Of Ebert's opera
lions.
Goodsel on the Stand.
Edward Goodsell, Harry's cousin, was
put on the stand when the Hayward
murder trial opened for his re direct ex-
animation. He testified that he had
usually been Harry Hayward's compan-
ion when he came to Chicago to gamble,
and that he had seen him lose as much
as 81 900 at time. He usually had
plenty of money, and for this reason
Goodsell was not surprised to see him
with $1,000 when there in November.
Asked on cross-eXami nation ii he had
ever seen Harry lose at 70 Jackson street,
Chicago, he said it was at Wabash
avenue resort that he lost.
Mark of a Lady's Shoe.
Frank Erhardt, who was summoned
by his brother when the body was found
gave evidence which seemed to impeach
the evidence of Blixt in one important
particular He swore that he had found
in the dirt near where the body lay, a
heel mark and then toe mark OF
lady's shoe. There was also the trace
of where the foot had dragged to where
the body lay. This evidence went to
show that Miss Ging's body was pushed
out of the buggy feet first instead OF
head first as the murderer testified. OF
course this would overthrow the theory
that the fracture Of the skull and the
confusion were caused by the fall from
the buggy and would help to impeach
the evidence of Blixt.
Description Didn't Fit Hayward.
George Grindall was an important
witness for the defense. He was stand
ing on First avenue north, between
Fourth and Fifth streets at o'clock, or
Whereabouts, on Dec. 3, the night of the
murder. Grindall had an appointment
with young woman OF the point
named, and was waiting there for her.
Standing short way from him was
man, ''ike that man there" said the
witness pointing to Attorney Sweetser.
Grindall saw Miss Cling drive up. The
man he had seen waiting there entered
the buggy with her and they drove
away. This point is about a block
from the West hotel, whence Miss
Cling started on her Hateful aide. The
description given by Grindall of the
man who Joined her does not at all fit
Harry Hayward.
A Wordy Quarrel.
There was wordy quarrel between
the lawyers over Grindalls testimony.
The state had shown in cross examina-
ton that that the witness character
was not above reproach, and then in the
redirect examination Mr.. Erwin at
tempted to show that the witness had
been bounded and prosecuted by the
police to get him to change his testi-
mony These questions were steadily
ruled out by the court as improper, and
finally the court found it necessary to
reprove Mr.. Erwin for his persistent at
tempts to get the matter before the jury.
eff the court pleases said Erwin in
high key, 81 want to show the methods
that have been used by persons on the
other side of manufacturing and sup
pressing evidence"
Turning to County Attorney Nye, he
said:
''I'm going to hunt you out and go
through this thing"
Nye Was Also Hot.
Nye half rose in his chair, his face
as white as ashes and glared at the tail
attorney for the defense.
''I'll follow you," he Kissed, ''to the
ends of the earth. DON'T talk to me of
manufacturing evidence. I'll show who
has been manufacturing the evidence in
this case"
81 hope you WILL" shouted Erwin,
and Judge Smith was forced to inter-
rupt the colloquy, the participants in
which had assumed very threatening
attitudes. But the questions were rig
orously excluded. Grindall's evidence
was somewhat shaken in the cross ex-
animation. He was still on the stand
when the court adjourned for dinner.
The elusive ''third man. whom the
defense has been so earnestly chasing,
thus hobs up again in Grindall's evil
dence, but in different guise from the
descriptions Of him limited at heretofore
in the defense's evidence.
Saw Miss Cling in st. Paul.
Julia E. Walker of st. Paul testified
to having seen Miss Cling several times
in ST. Paul with a middle aged man
who wore all iron gray moustache.
Here is the third man again. The de-
scription given by this witness does not
tally with either that of Wilson or
Grindall.
Mrs. Abbie Lowell, wife of st. Paul
police captain, was with Mrs. Walker at
one time, and she corroborated her
friend. Mr.. Nye tried to shake the wit
nesses testimony, but was unable to by
close examination.
Lillian Burch, a girl Is years of age,
testified to hearing two shots at Lake
Calhoun the night of the murder, while