The pioneer press. (Miller, Hand County, S.D.) 1893-190?, 1895-02-07

Darently not WITHOUT us eueCl UPON tht
Jury. Moore saw Hayward at 20 min
utes to IL. That was when he came to
the station with the younger Goosman
10 inquire into the nature of the acct
dent. Hayward was very nervous and
excited. and wanted to know whether
he wagon had returned. Being in
formed that it had. Hayward asked
for a description Of the body, and
Moore got a description for him from
the jailer.
"She wore a black skirt, a shirt
waist. sailor hat and a sealskin coat
said the jailer.
That's her." cried Hayward, 81 know
it is. and she has been murdered for
her money. The skirt Is not a black
skirt. it is blue, but it looks black at
night"
How Did He Know.
Hayward then gave a complete de-
| scription of all the outer clothing on
the body, even to the black wooden NIT
tens worn by Miss Cling. Moore no
ticcd that in his manner that night
Hayward was very much perturbed,
but regarded 1t as natural q the
circumstances, as a friend of the de-
ceased.
1t was brought oct very plainly by
the state that Hayward made this
charge of murder before the police
were aware that the affair had been
other than accidental, and his minute
description Of the young wOman'S
clothing on the fatal night when he
had. according to his Owl statements
since, no means of knowing what she
would wear. made a strong impression
| on every one who heard the evidence.
When the officers insisted that Miss
| Cling had most likely met with an acct
dent. Hayward replied, excitedly:
at was no accident. They were not
, after any money she had with her, but
other moneys outside of that"
During the giving of this testimony
Hayward listened intently to every
word as it fell from the lips of the wit
ness. He seemed interested. but not
at all disturbed by the discriminating
nature of the testimony. At intervals
he leaned forward to whisper to his
lawyer. Erwin nodded quietly, without
turning his head, and Hayward leaned
back again. folding his arms in the at
titude he generally assumes.
/ Startling Testimony.
Harry Goosman's testimony was of a
| rather startling character. 1t showed.
if nothing else, the utter indifference Of
| Hayward to Miss Ging's fate, and the
intense sOlicitude he felt as to the
validity of the insurance he held on
her life. AS GooSman passed Hayward
closely on his way to the stand the
latter looked up and smiled in recogni-
ton Of his One-time friend, but Coos
man looked over the accused mans
head, and gave no sign that he had
ever known him. After having an
swered questions by the state rs to his
delivering the buggy TO Miss Cling on
the night Of the murder. to his knowl-
edge of the return of the horse and
buggy alone. he was asked what Hay
ward had said to him that night, be-
fore they started out together to see
what had happened. Hayward had
questioned Goosman as to nov many
times Miss Cling had been out that
week. He replied that she had been
out three times. Previous to that time
he had obeyed the injunction given him
by the young woman on Saturday even
ing:
"Do not tell Harry I am out tonight
Il do not want him to know It,"
! cd d-n it," cried Hayward. 81
wish | had known that. What a fool
I've been-S2,OO0 gone to hell"
Didn't Want to See 1t.
When they started out from the
Ozark, Goosman wanted to go to the
morgue and look at the body there, but
Hayward would not bear of that. On
the way down on the car he suggested
going to the cntral station, where they
could most likely get the information
they were after.
1t was as they started away from the
fats that Hayward asked Goosman
whether he thought life insurnce was
good in case of murder. GOoSman said
he knew nothing about it. Hayward
later said something about a loan, when
they were all together on the fifth floor
of the apartment house, but Goosman
did not pay mach attention to this. He
was too much interested in finding out
what bad happened 10 Miss Cling.
Altogether the evidence this morning
made a very black showing for the &C
cused, and the testimony elected was
not shaken in the least degree by Mr..
Erwin'S searching questions. There is
nothing in the evidence so far to show
that Hayward uttered a single SEN
tcnce expressly Of regret at the death
he was so firmly convinced had oc-
CURED long before n one lse knew 1t.
1t showed conclusively that his sole
sOlicitude was as to whether or not he
could realize on the life Of Catherine
Cling.
Minneapolis, Feb. 3. The great
crowd which gathered to hear the story
of Catherine Ging's murder was
doomed to disappointment for the aged
juror, S. II. Dyer, whose sudden Ill
ness terminated the session yesterday.
vas unable to appear, and the court
took an adjournment until 10 o'clock
Monday morning. His condition this
morning was said to be improved, but