The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-09
ARGUMENT AND CHARGE.
Closing Scenes in Court Before the Jury
Retired.

Closing Scenes in Court Before the Jury
Retired.
MINNEAPOLIS, March S.-Court opened an
hour earlier than usual to-day to give Mr.
Erwin time to close his argument for the
defense in the Hayward case, which had
already lasted two days. Erwin began by
pointing out that the loan Harry Hayward
had made to Miss Cling had not been at
tackled in the evidence except by the word
of Claus Bhxt. The validity OF this loan
was the citadel of the defense. 1t was
evident that had the police machine
been properly set in motion the mystery
surrounding Miss Ging's behavior would
have been solved and in manner consist
ent with the noble character of the girl.
At the same time it would have relieved
this innocent man from the chain under
which he now rests"
Erwin then devoted himself to the abb
and claimed that all OF Harry's time when
he was involved by Bixts testimony had
been satisfactorily accounted for. In clos
ing he said this was the most monstrous
persecution in history, and continued
"If you are, in obedience to the pressure
brought on you, to tear down all the rules
of law if fanaticism and the monstrosity
of this alliance between the perjurer and
the murderer are to influence YOU, then
tell your artisans to remove from all our
domes the statue of Justice. Tell them to
put in her place figure of the Hag OF He'll.
Take down your flag, the flag of your re-
public, the red and white and blue. Take
it down, the old flag of freedom, and bid
your officers rear in its place that polished,
black face of hellish perjury. You, gentle
men OF the jury, you are in the hands of
God; no power can mar or overthrow your
verdict. Beware that you do not betray
the conscience of the nation"
1t took Judge Seagrave Smith forty min
utes to read his charge to the jury. He de-
clared that the verdict must be guilty as
charged or not guilty. If the defendant
was guilty it was premeditated. The Judge
intimated that there could be no verdict of
guilty less than murder in the first degree.
He then explained the reasonable doubt
theory at great length. He continued:
'To what extent the defense has dis
credited Bhxt's testimony is for you gentle
men to say. They say his testimony was
conflicting, and you have a right to take
into consideration the condition of Bixt's
mind that night. 1t is necessary for you
to be satisfied that Blixt killed Miss Cling.
Second that Hayward melted the crime.
Ii, when you retire, you are satisfied
that Blixt killed the girl you may pro-
coed; If not, do not consider the verdict
further. But if Harry did incite, as
charged, your verdict will be guilty The
State is not relying on circumstantial evil
dence, but has the positive testimony OF
Blixt that he killed Miss Cling, and the
positive statement of Adry Hayward few
days before the murder that Harry said he
was going to kill her. This testimony is
also supported, as it must be, by much
circumstantial evidence. You must decide
how far this evidence is worthy of credence
and how far it is corroborative. The testi.
mony of an accomplice must be accepted
with extreme care"