The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1895-03-01
! TIE I 3 HAYWARD TRIAL
s1D l1u1Damna orcAaHnamr
;oIHG on TRIAL.
Preserves q the Cslebrat.a M.rae,
= oAss at MinnsaDslis-The Defsnss
.SH1SAaess witnesses In support Of
he TAirA Han Theory.

~
Minneapolis, Feb. 20. - The stats
sprung Q surprise In the Hayward
murder trial when 1t withdrew all op-
position to the Introduction of Maggie
Wechter's testirony. Miss Wacliter
% the stenographsr 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 h4 had conspired
to murder Miss Cling. The court had
held that It was Q communication be
tween client and; attorney, and was,
therefore, inadmissible. There had
been the greatest interest awakened
among lawyers generally, and Mr.. Ee.
win this morning received q telegram
from w. d. Fraxee, at Okolona, Miss,
citing three decisions as to the point.
Tue court was unwilling to admit the
testimony without the direct consent
OF Blixt and the .murdersr. was
brought from the jail and. questioned
personally by Judge Smith. He had
no objection, he said, and Miss Wncir-
ter was called. It then developed that
she was sick and could not be present
to-day. The sudden change Of front
on the part Of the state To- said to; he
due to It's ability to impeaeh, Miss
Wachter's evidence Absolutely Bllxt's
attorney will 90 ON the stand and con.
tradict 1t, and It Is also understood
that the state has ascertained from q
con6dant Of Miss Wachter. the true
evidence Of the evidence.
Thomas Waterman was called to
testify ~ to Harry Hayward'a. move
ments on Dec. B. the day Of the mur-
der. He contradicted Adry Hayward
In several important particulars as to
time. Three borders at Harry Hay
wards boarding house testified that
BE- was In the. dining room ~ late ~
I:1O 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 fol. the de-
fendant from l until 1890 p.- 70. the
. A1si I.pilssts4.G 4 e.,
Later Miss 'Wachter appeared and
gave her tesdmony; In which she said
that Blixt, In his flrst confession, I'M.
pllcated Adry.
Minneapolis, Feb. 21.-Elward Gold
sail, the Chicago dental student, was
put on the stand when the Hayward
murder trial opened for his redirect
examination. He testified that kethad
usually been Harry Hayward's COM
panion when he came to Chicago to
gamble, and that he had seen him lose
- much as $1,000 At q time. He usu-
ally had plenty Of money and for this
reason Goodsell was not surprised to
see him with 5000 when there In
November. Asked ON crOss-examipa-
ton IL he had eyer seen Harry lose
no, 1t was at Wabash avenue resort
that he lost.
Frank Erhardt, who xas summoned
by his brother when the body was
found, gayt evidence which seemed to
impeach the evidence OF Blixt in one
particular. He swore that he had
found In the dirt near where the body
lay heel mark and then 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 were
caused by the fall from the buggy, and
would help to impeach the testimony
" George arindan wa. an important
witness for the defense. He was
standing on First avenue north, be-
tween Fourth and Fifth streets at z
o'clock or thereabouts on Dec. 8, the
night OF. the murder. Grindall had an
appointment with a young woman at
the point named, and was waiting
there for her. Standing short way
from him as a man, like that man
there" said the witness, pointing to
Attorney SweetseE Grindall saM Miss
Cling drive up. The man, he had seen
waiting there enteiAdIthe buggy With
her and they droveaaway. This point
Is about block ffodNtk6 West hotel,
whence Miss Cling started On; her fate
full ride. The description given. BY
Grindall of the man who Joined her
does not at all At Harry Hayward.
There was
A WorAy Quarrel
between the lawyers over arindall's
testimony. The state had shown in
the cross-eAamination 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 persecuted
by the police to get him to change his
testimony. These questions were, stead.
lily ruled out by the court as improper,
and finally the court found 1t necessary
to reprove Mr.. Erwin for his persistent
attempts to get the matter before the
Jury.
"If the court pleases," said Erwin In
q high key, II want to show the meth
ods that have been used by persons on
the other side Of manufacturing and
suppressing evidence"
Turning to County Attorney Nye,
he said: "I'm going to hunt you out
AID 90 through this thing"
Nye half-rose in his chair, his face
as white rs aahes, and glared at the
tall attorney for the defense.
"I'll follow you," he Missed, ITO the
ends Of the earth. Don't talk to me of
manufacturing evidence. I'll show
who has been manufacturing evidence
In this cas,."
II hope you WILL" shouted Erwin.
and Judge Smith was forced to inter-
rupt the colloquy, the participants in
which had assumed very threatening
attitudes. but the questions were
excluded. Grindall's evi-
dence was somewhat shaken in the
croas.axamination.
The elusive ''third man" whom the
defense has been % earnestly chasing
thus bobs up again In Grindall's EVIL
dence, but; in different guise from the
descriptions Of him hinted at hereto
fora in fa,a da1enAe's Evidence.