Birmingham age-herald., 1895-03-01
THE HAYWARD TRIAL.
Much Contradictory Evidence Given in Yesterday-yhe Defendants
 Attorney Makes Statement.

MINNEAPOLIS, Minn., Feb. 2S.-The de- fense in the Hayward case rested at 11:10 this morning, and after half hours re- cess the state began on rebuttal. At the opening Mir. Erwin arose and offered in evidence a copy of the Tribune of D4cem- Der : to show that there was nothing in the daily press of that date to show that Blixt was being pressed by the authorities. Therefore he contended that Adry could not have had the conversation in the jail with Harry that day relative to Blixt.
 ''I object,'' said Mr. Hall. "There is no.foundation laid. Adry did not mention this paper. He said newspapers.
 The court sustained the objection.
 "All right, then will see the Penny Press, Journal and Times of this date and bring them here, said MT. Erwin.
 James Ward, an empioye of the Twin City Furniture company, was called. The state attempted to show that M. D. Will son had said they could not do anything to Harry; that it was not him. He had an impression that Wilson said Adry was in the carriage with Miss Cling. This was stricken out.
 George Grindall was recalled and swore positively the street lamp was lighted the night he swore it was.
 Paul Boen, the messenger boy, was called. In December last be worked at the West hotel and knew Miss Cling by sight.
 .sDid you 1.-the 3d of December deliver her note from the West hotel?''
 "Yes, sir. It was from man strange to me. It was between 9 and 10 o'clock in the m0rning. The man was heavy set and had black mustache.'
 "Have you seen him since?"
 "No, sir.'
 MT. Nye-He had no whiskers at all?
 aNo, sir. D
 "He was not gray?"
 "No, sir. .'
 "Was he short and broad shouldered?u
 "Yes, sir. Had very full face and wore a black hat, with Prince Albert coat. He had no overcoat.'
 '.Was not that sack coat, square cut?'
 "No; it was Prince Albert.'
 "What did he say to you?'
 "He asked me if wanted to earn few cents. 1 said yes. He told me to take note to Syndicate block. started on the run. Then l came back and asked the number of his room. He said be was not stopping at the hotel, and paid me 15 cents then."
 .This was publicly done?''
 "Yes, sir. The man hsd rough
 Miss Ireland, the niece, was re- called and stated that she remembered that she saw Miss Cling tear up note that day. She did not seem angry.
 MT. Nye-Harry was there that day?
 "Yes, sir; about 12 o'clock. She tore up 
 0. A. Warren, a guard at the jail, testified that he had asked Blixt how he avoided getting blood on his feet and that the latter had said his feet hung out of the buggy.
 BIixt was put on the stand and denied making any such statement.
 Oliver o. Terrence, a society man of this city who went to the scene of the murder upon the fatal night, testified that he wore @ narrow toed shoe, No. 8 in size, and walked on both sides of the body.
 M. J. Griffin, paper hanger, testified that he was in the Hayward office in the Oneida block November 80, at 10:30 a. ID. Both Adry and Harry were there, but w. w. Hayward was not.
 This is the day when Adry testified that Harty made propositions to him to.kill Miss Cling. Harry testified that his father was in the office all day thereafter, and they had no chance for such conversation.
 Attorney R. R. Odeil, Blixt's attorney, was called to the stand to impeach the tes- timony of Miss Wachter, who stated that Blixt had stated in their presence that s'Adry and planned the iob.' Mr. Odell denied this statement in toto. He was vigorous in giving her the lie at every point. He swore that Blixt never mentioned Adry's name in his hearing.