Omaha daily bee., 1895-02-21
ms VIE AND MOTHER TESTIFY.
Adry Haywarh's Evidence Not Materially
Nhaken BIZ the Defense.

Adry Haywarh's Evidence Not Materially
>haken bv the Defense.
MINNEAPOLIS, Feb. 20.--Mrs. Adry Hay
ward was a witness in the Cling trail today
Preceding her testimony Horace l.. Wells
paying teller of the City bank, and Louise
Ireland were sworn. Wells testified to having
paid Harry Hayward between $4,000 and
$1,000 after September 1, 1894, thus ac-
counting for the defendants possession Of
money that did not come frsni Miss Cling.
Miss ireland was questioned by the defense
as to Harry's calling at the flat on the days
preced ng and on the day of the murder.
Mrs. Adry Hayward was then put on the
stand. Her story simply bore out the conten-
tion that Harry Hayward called at Adry's fiat
ON the night of the murder, which she could
not fix definitely, and the time she and Adry
left to go to her parents home, which was
abcut 1928
Mrs L. l.. Hayward, the mother of the de-
fendant, was then sworn The first part Of
her testimony was intended to help establish
Harry's alibi. Mrs. Hayward said that
Harry came into her room at 1920 and said
he was going to make a call. At about
twenty minutes after 8 he came in again,
hurr'edly, brushed his hair and went out say
ing that he was going to the op ra. The forty
minutes between these two times is the vital
period, for it was in that time, according 10
Blixt's testimony. that Harry put him in
the buggy with Miss Cling with instructions
to drive away and kill her. , Mrs Hayward
was next asked about the existence of in
sanity in her family, but the state at once
objected as the question Of Insanity mad not
been raised. The objection was sustained by
the court.
I'm raising the quest on ndw," said Erwin.
who's insane?" asked THE court, coming
at cnce to the meat of the mhtter.
I'VE wish to show that at the time previous
| IL. L.. A..
time Adry was resting under Ia deusion."
well, suppose he was insane, what then?''
1T would affect HIS credibiliy before this
jury and his competence to testify"
"The court determined as to his compe-
tency when he was on the stand and there
was no offer to prove the contrary. Insane
perscns especially those who are mono
maniacs, are competent to testify" retorted
the court.
Mr.. Erwin asked long series of questions
bearing on Adry's actions, his jealousy, his
unreasoning fears during youth. the medical
| treatment he had been given, but they were
all ruled out. Mrs. Hayward could not
answer a direct question as to the fferences
between Adry and Harry afirnatively OF
negatively.
The largest crowd since the trial began
was in the court room this afternoon. Mrs
| Hayward again took the stand, but, owing
to the numerous objections made by the
state, nothing material was developed.
| w. w. Hayward, father Of the two pris-
oners, was the next witness. The witness
| denied some Of BliXt's statements, but as
material impeachment the testimony was 6
failure. The witness coS-Chaird his wife
In the portion of her te, where shs
said Adry was violent hne Passe'er; ant
called his mother names w2igP reflected upor
her character. In telling of the occurrence.
the old gentleman broke down and sobbet
and the proceedings were delayed some time
waiting for him to compose himself. Hal
the women in the audience tried from sym
pathy with the aged witness. He testified
that he had kept large number of one dol
lar bills in an iron box In his safe for abou
two years, and upon looking there the othe
day found that they were all gone but one
Both boys, he said, knew the combination
| of the safe.