Courier Democrat. (Langdon, N.D.) 1891-1920, 1895-02-28
THE HAYWARD TRIAL
THE MURDERER OF CATHERINE
y CLING ON TRIAL.

ii
FPrOEress Of the Celebrated Murder
Case at Minnenpollx-Thc Defense
Produces Witnesses in Support of
the Third Nun Theory.
Minneapolis. Feb. 20. - The state
sprung q surprise in the Hayward
murder trial when it withdrew all op-
position to the introduction Of Maggie
Wachter's testir ony. Miss Wachter
Is the stenographer of Blixt's attorney
who was to testify that Blixt had
stated to his attorney in her presence
that it was with Adry Hayward and
not with Harry that he had conspired
to murder Miss Cling. The court had
held that it was a communication be-
tween client and attorney, and was.
therefore,, inadmissible. There had
been the greatest interest awakened
among lawyers generally, and Mr. Err
win this morning received telegram
from w. D. Frazee, at Okolona. Miss,
citing three decisions as to the point.
The court was unwilling to admit the
testimony without the direct consent
of Blixt, and the murderer was
brought from the Jail and questioned
personally by Judge Smith. He had
no objection, he said, and Miss Wacll-
ter was called. 1t then developed that
she was sick and could not be present
to-day. The sudden change of front
on the part of the state is said to be
due to its ability to impeach Miss
Wachter's evidence absolutely. BliXt's
attorney will go on the stand and con-
tradict it. and it is also understood
that the state has ascertaincd from Il
confidant of Miss .Wachter the true
evidence of the evidence.
Thomas Waterman was called to
testify as to Harry Hayward's move
lnents on Dec. 3. the day of the muir
der. He contradicred Adry Hayward
in several important particulars as to
time. Three boarders at Harry Hay
wards boarding house testified that
he was in the dining room as late as
f:10 that evening, which brings him
dangerously close to the time when
Liveryman Wilson claims to have seen
him driving with Miss Cling, half a
mile away. The defense expects to
establish complete alibi for the de-
PENDANT from 1 until 1890 p. III. the
day of the murder.
Ia Adry Implicated.
Later Miss Wachter appeared and
gave her testimony, in which she said
that Blixt, in his first confession, I'M
plicated Adry.
Minneapolis, Feb. 21.-Edward Gold
sail, the Chicago dental student. was
put on the stand when the Hayward
murder trial opened for his redirect
examination. He testified that he had
usually been Harry Hayward's COM
panion when he came to Chicago to
gamble, and that he had seen him lose
as much as $1,000 at a time. He usu-
ally had plenty of money and for this
reason Goodsell was not surprised to
see him with $1,000 when there in
Asked on cross-exalnina-
ton if he had ever seen Harry lose
atS73 Jackson street, Chicago, he said
no, 1t was at Wabash avenue resort
that he lost.
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
particular. He swore that he had
lay heel mark and then a toe mark
of a 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 over
throw the theory that the fracture Of
the skull and the confusion We're
caused by the fall from the buggy, and
would help to impeach the testimony
of Blixt.
George Grindall was an important
witness for the defense. He was
Oh First avenue north, be-
tween Fourth and Fifth streets at Z
o'clock or thereabouts on Dec. 3, the
night of the murder. Grindall had an
with a young woman at
the point named, and was waiting
there for her. Standing short way
from him vas man, like that man
there" said the witness, pointing to
Attorney Sweetscr. Grindall saw Miss
Cling drive up. The man he had seen
waiting there entele ed the buggy with
Her and they drove away. This point
IL about block from the West hotel,
whence Miss Cling started on her fate
Full ride. The description given by
Grindall of the man who joined her
does not ut all tit Harry Hayward.
There was
4 NOrdy Quarrel
between the lawyers over Grindail's
testimony. The state had shown in
the ton that the witness
character was not above reproach, and
then in the redirect examination Mr..
Erwin attempted to show that the wit
ness had been bounded and prosecuted
by the police to get him to change his
testimony. These questions were stead
nv ruled out by the court as improper.
and finally the court found it necessary
to reprOve Mr. Erwin for his persistent
attempts to get the matter before the
jury.
81 { the court pleases," said ErwiE in
d high key, II want to show the meth
DDS that have been used by persons on
the other side of manufacturing and
suppressing evidence"
Turning to County Attorney Nye,
lie said: "l'm going to hunt You ont
and 20 through this thing
Nve half-rose in his chair, his face
ri of