Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1895-02-20
Hayward's Defense.

+
i Haywards Defense.
MINNEAPOLIS, Feb. 15.-The defense
of Harry Hayward was begun yester-
day by John Day Smith, who in a
speech of an hour and half assailed
the case put up by the state. Mr..
Smith said the defense had no theory
but maintained the state had failed to
fully substantiate any connection OF
Hayward with BliSt in the crime. That
Blixt did the killing is not denied. The
defense claims that it can clearly es-
tablish an aliDi for Hayward during
the hours of to the evening of Dec.
1 5, and show exclusively that he was
not on the Kenwood boulevard where
| Blixt claimed he met him and Miss
Cling.
John F. Walsh, keeper of the morgue
testified to the appearance of the body
when received by him.
! Terrence Connolly, brought in the
clothes worn by Miss Cling the night
| she was killed
| Officer Getchell testified to the point
ed shoe tracks in the road near where
the body was found.
| Then came the alibi, when Merrill
Bartlett, head usher at the Grand Opera
Aouse, stated that he saw Harry and
| Miss Bartleson come to the theater at
about S:15 o'clock. The defense wasted
over half hour in asking him ques-
tons, until the court stated that it
might be proper to go on with the ex-
| animation. Mr.. Nye did not crosse
anime to any extent.
Edward w. Murphy stated that he
was at the Grand Opera House the
night of Dec. 8, and saw Mr.. Hayward
there with Miss Bartleson. He saw
them go out when the play was over.
There was little blow for the defense
in cross-examination, for Mr.. Murphy
stated that while he only knew Hayd
ward slightly, Hayward appeared to
take the most exquisite pains to have
himself seen and recognized, and made
most exaggerated bow to the witness.
Ole Thorson was quite fluent in an
swering questions for the defense, but
| when Mr.. Nye took him he was obtuse.
He said that he lived at the house in
South Minneapolis where Blixt said he
called the night of the murder, and
stated that there was a light burning
there all night, and ne one called or
knocked that night. Police officers had
come to see him afterward, and he told
them the same story. Mr.. Nye tried
to get something out of him, but was
compelled to state finally that he
would let the witness think the ques-
all ,irrlt cly IN, &c
morning.
! &v A Bonlbshell.
MINNEAPOLIS, Feb. l6.-A bonn bshell
was thrown into the camp of the de-
Tense in the Hayward trial yesterday
afternc on by one of it's own witnesses.
A witness called by the defense stated
positively that he saw Harry Hayward
and Catherine Cling in a carriage to-
gether at the foot of Lowry hill at
about 7:15 the night of the murder.
NJ. D. Wilson, the livery man from
whom this unexpected piece of testi-
mony came SO quickly that, it fairly
took the breath of the attorneys away.
Harry Hayward reeled under the shock
as though he had been struck full in
the chest by some terrible blow. 1t
wasSonly for moment, however. In
a second he had recovered himself en-.
tirely.
+ Mr.. Wilson was the last witness called
yesterday. The very first question
asked him showed that there was some
thing peculiar about his testimony. He
gruffly stated that Mr.. Sweetser had
been out to see him last Sunday, but
that he had learned nothing from him.
However, matters proceeded satisfac-
torily enough for the defense until Mr..
Nye asked the witness if he knew who
the people in the carriage were. The
answer came quickly back that the
woman was Catherine Cling.
do you know the man?" was the
next question.
Il did not then, but I do now," came
the answer.
''Who is it?''
''That gentleman sitting there behind
Mr.. Erwin" was the reply with singu.
lar emphasis. Harry Hayward shud-
dered convulsively. The attorneys for
the defense Locked aghast. Even Mr..
Nye was dumfounded.
Mr.. Erwin soon rallied, and endeav-
ored to make the witness state that his
Identification was nothing more than
an impression. The witness, however,
persisted that there could be no mis-
take about it. He stated that he had
identified Harry Hayward the day
after the murder as the man whom he
saw riding with Miss Cling.
At the request of Mr.. Erwin the
court adjourned for the day.
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