St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-03-05
GOES OVER A DAY.
Court Takes an Adjournment
in the Hayward
Trial.
NYE AND JUROR DYER ILL.
Today Will Witness the Ora
torical Efforts Of Oppos-
ing Counsel.
ADRY NOT TO ESCAPE.
1t Is Rumored That He Is to
Be Indicted for Ar
son.
ADRY NOT TO ESCAPE.

| came a large crowd, drawn thither
to hear Attorney Nye's presentation
Of the case to the jury. In this they
were disappointed The court and
the attorneys, with the exception of
Mr.. Nye, who was not present when
court convened, sat around with
| overcoatS on, anticipating an adj
journment. After consultation
with the attorneys, Judge Smith or
dered an adjournment until today.
| A few minutes after this decision
had been reached the county attor-
ney, very pale and weak, but ready
to begin his argument, put in an
appearance. Mr. Nye's illness, which
showed Enthusiastically in his face,
taken into consideration with Juror
! Dyer's indisposition, warranted the
court in giving the sick men another
day in which to rest.
Mr.. Nye will begin promptly this
morning at 10 o'clock, and will doubt
less take the whole day in summing
up the mass of testimony which the
state has brought out in the progress
of the trial
John Day Smith will speak after
Mr.. Nye, probably consuming most
| of Wednesday. Mr.. Hall will then
be given a chance, and the closing
speech of the celebrated case will
be made by w. w. Erwin.
Yesterday the defendants attor-
| neys spent considerable time in eX-
perimenting on street cars as to the
probabilities of recognizing man
from the rear platform of a car in
| motion and through a glass. AS a
result of his experiments, Mr.. Erwin
swears that no living man could
have honestly given the testimony
that George w. jerks gave last Fri
day when he swore positively that
he identified Harry Hayward as the
man he saw running on the night of
Dec. 3.
There is no denying the fact that
Mr.. jerks testimony would have
been more convincing had it been
less positive. No one for an instant
questions the honesty of his mo-
tives in giving his damaging testi-
mony, but pretty general opinion
prevails that Mr.. jerks is mistaken
in his Identification. Hayward may
have been the man, but jerks did
| not know it, they say. The fact that
he was a party to a trick played on
Hayward when he was induced to
run in order that Mr.. jerks might
compare his gait with that of the
| man he saw running on Hennepin
avenue that fatal night is regarded
by many as proof positive that he
was not sure of his Identification
and wanted to fortify a bare suspi-
cion. There are others, too, who de-
clare that the testimony can have no
weight with the jury because it was
introduced in tricky manner, and
will strike the jurors as an unfair
piece of business all around.
1t is now universally believed that
Mr.. Erwin will bend all his energies
in the direction of establishing a
reasonable doubt" theory and will
harp on little else. Many things in
the testimony of several witnesses
Will afford the attorney material on
Which to build such the0sy. The
evidence of Adry, which somehow
strikes most people as peculiar to
say the least, will be subjected to a
fierce attack. The attitude of the ell.
der brother in court, his apparent
lack of feeling and the defiant man.
ner In which he gave much of his
testlmony, Will be pointed to as con-
Vlnclng proof of his hatred of his
brother, and must have the effect of
greatly weakening his testimony
Inc FAMILY skeleton will be made to
uance anew, and many mysterious
hlnts OF Adry's having been treated
Tor insanity will doubtless be thrown
out, although nothing in the record
warrants such insinuations.
Ihen Miss Ging's Instructions IN
young Goosman mot to tell Harry :,
ana her imposing silence on her niece
DIS 10 her whereabouts on certain
evenings which she wished to have
Kept secret from him, will be urged az
PROOF that the mysterious third man
the man whom she met in st. Paul who
sent her the note on the morning of the
Tragedy, and whom Grindall processes
" nave seen get in the buggy with her
VIII open a wide field for speculation.
point which the defense will doubt
less make much of is the fact .bat
MISS cling consented to go riding With
d low fellow like BliXt, with whom she
couid nave nothing in common. 1t can
De SHOWN by the states own with asses
that MISS cling, few nights before
her murder, endeavored to conceal her
actions from Hayward, and a reason
able doubt may be partly engendared
by this circumstance.
BiiXt's awful story, which never nou1d
nave been learned, is really the strong
est evidence against Hayward. 1t is
true that NJ. d. Wilson swore positively
that he saw Harry in the buggy with
MISS Cling on Kenwood boulevard. b,rt
there are thousands of people who he
lieve that Mr.. Wilson was very no,,ol,
mistaken, and the fact that he fold
uozens or people quite another story
weeks before the trial must weaken bis
sensational evidence. Wilson hos
| talked very freely about the case and
there is little doubt but what his oars
will burn crimson when Attorney Err
win gets after him.
A great many people believe that
Mr.. Erwin will be able to hoodwink
nOSSlhlp
with reasonable doubt 1t is still nos
sible that Harry Hayward had nothing
to do with the murder and if the Jurors
can be COMPOUNDED in the manner indi-
Gated, there is still ghost of a chance
| for the prisoner.
Another thing which the defense
will urge with great insistence is the
manner of the killing, which, DESPITE
the testimony of experts, has a strong
element of improba bility in it. Blixt
lied like dog in making his first
statements, and it will be argued that
he continued to lie on the stand The
hope, too, which Blixt has that he will
not be greatly punished may have had
much to do with his extraordinary
testimony, according to Mr.. Erwin.
If Blixt saw Miss Cling paid large