Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1895-03-03
CALLED THE WITNESS A LIAR.
Hayward, for the First Time, Loses
Control Of His Temper.
He Says He May Hang, but BefOr'
He Goes He Will Send
His Brother Adrian to the Peni-
tentiary-He Declares He Can
Prove Enough Grimes Against
His Brother to Give Him Twen-
ty Years At Saltwater.

Minneapolis, March 2.-"You're a
liar"
The words came out to-day between
the cienched teeth of Harry Hayward,
on trial for the murder OF Catherine
Cling. They betrayed the first evil
dence OF real feeling on the part of the
accused man which he has let slip dur
ing the six weeks the trial has been in
progress.
He flushed crimson as he said them,
and though they were not spoken
loudly they were audible at the report
ers' table, and presumably in the jury
box. George w. jerks, we'll known
broker, was the witness whose testi-
mony had wrung tht involuntary de-
nunciation from the accused.
MR.. JENKS' EVIDENCE
was easily the most important so far
given in rebuttal, for it knocked big
hole in the careful alibi put in by the
defense. jerks testified that he took
car for the city at the junction on
| Lowry Hill shortly after 710 on the
night of the murder AS the car reach
ed Loring Park, one block east of Ken
wood Boulevard, he saw man come
! running out onto the avenue. He
supposed the man wanted to catch the
car. and called the conductors atten-
ton to the fact. The conductor stop
ped the car, Whereupon the man, who
was running. stopped Also and it be-
came evident that he was not after the
| car
Are you able to identify that MANI"
asked MI Hail.
Il believe l am, was the answer
"Who was it?"
1T was Harry Hayward
You are a liart exclaimed Harry, as
the blood mounted his temples. He
was quick to see the tremendous I'M
portance to him of this evidence. In
the first place this evidence fitted In
exactly with the evidence of Livery
man Wilson. that he had seen Harry
Hayward driving out Kenwood boule-
ward with Miss Cling that night shortly
after 7:10. If Harry had actually so
driven and had T. Ell sto ped the buggy,
anghted and run back to the park after
| BiXt. he would have
CROSSED HENNEPIN AVENUE
at Just about the time Mr.. jerks claims
to have seen him. The evidence fur
ther is i'm direct contradiction to Har-
rvs assertion that he was in the dining
room until 1922. This assertion Of his
is not positively supported by any OF
those who were in the dining room that
night. and is positively contradicted by
some of them. The vital importance
of Jenks's evidence was therefore man
ifest. The defense was unable to
shake his belief that it was indeed
! Harry Hayward whom he had seon
running behind the car.
There is a possibility that the clos
! ing argument will have to be post
! poned. The condition of Samuel II.
Dyer. the aged juror, was very serious
! to-day. His illness is due largely to
| the varicOse veins, and his condition
| has become more aggravated day by
dav. Last night he secured very little
rest.
DIR. Spring is alarmed for the safety
of his patient and has adopted a new
line of treatment Mr.. Dyer had to be
carried into court in an arm chair. A
! professional nurse has been secured
and after adjournment to-day the in
valid will be kept in bed under con-
stant care. 1t is hoped that with care
full nursing. MI Dyer may be fit to
come into court Monday.
THERE WAS A SENSATION
in court after the adjournment until
Monday had been ordered. 1t was
between Harry and his brother Adry.
Harry was violently angry at Adry
and swore at him, saying: You --
-. | may hang, but before l quit l
will send you to saltwater. | know
enough about you to give you twenty
four years there. and I'll do it, too, be-
fore | quit am on earth yet. Hear
he added. turning to Erwin. Il want to
swear out a warrent for this man.
No, you don't said Erwin, striy-
7 ing to quiet his client i don't wish
YOU any harm, said Adry.
I'D rather see you go out of this
| court a free man" and the brother
went away with his deputy. Harry
/ then declared to the reporters that he
/ knew of numerous fires Adry had set
and thereby gained the insurance. He
said he would prove what he said and
send Adry TO the penitentiary before
/ he was hanged.