The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1895-02-22
WAS NOT HAYWARD
George Grindall TeStifies as to
the Man Who Rode With
Miss Cling.
WORDY WAR OF ATTORNEYS
Attorneys Nye and Erwin Prom
ise to Show Each Others
Methods Up.

MINNEAPOLIS, Feb. 20.-Edward Good
sell, the Chicago dental student, was
put Oh the stand when the Hayward
murder trial opened for his re direct en-
animation. He testified that he had
usually been Harry Hayward's compan
ion when he came to Chicago to gamble,
and that he had seen him lose as much
as 81 900 at time. He usually had
plenty of money, and for this reason
Goodsell was not surprised to see him
with 5000 when there in November.
Asked Cn cross exam nation if he had
ever seen Harry lose at 73 Jackson street,
Chicago, he said it was at a Wabash
avenue resort that he lost
Mark of Il Lady's Shoe.
Frank Erhardt, who was summoned
by his brother when the body was found
gave evidence which seemed to impeach
the evidence Of Blixt in one important
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 overthrow the theory
that the fracture of the skull and the
confusion were caused by the fall from
the buggy and would help to inlpeach
the evidence of BliXt.
Description Didnt Fit Hayward.
George Grindall was an important
witness for tile defense. He was stand
Fourth and Fifth streets at Z o'clock, or
thereabouts, Oh Dec 3, the night of the
murder. Griudall had an appointment
with young woman OF the point
named, and was waiting there for her.
Standing short way from him was a
man. ''like chat man there said the
witness pointing to Attorney Sweetser.
Grindall saw Miss Cling drive up. The
man he had seen waiting there entered
the buggy With her and they drove
away. This point is about block
from the West hotel, whence Miss
Cling started OH her fateful aide. The
description given by Grindall of the
man who Joined her does not at all fit
Harry Hayward.
a Wordy Quarrel.
There was a wordy quarrel between
the lawyers over Grindall's testimony.
The state had shown in cross examina-
ton that that the witness character
was not above reproach, and then i'll the
redirect examination Mr.. Erwin at.
! tempted to show that the witness had
been bounded and prosecuted by the
police to get him to change his testi.
mony. These questions We're steadily
ruled out by the court as improper, and
finally the court found it necessary tC
reprove Mr.. Erwin for his persistent at
telnpts to get the matter before the jury
eff the court pleases, said Erwin in {
high key, II want to show the method!
that have been used by persons Oh the
other side of manufacturing and sup
pressing evidence.
Turning to County Attorney Nye, HI
said:
"I'm going to hunt you out and g
through this thing
"Nye half rose i'll his chair, his fac
as white as ashes and glared at the tai
attorney for the defense.
'I'll follow you," he hissed, ''to tn
ends of the earth Don talk to ME Q
manufacturing evidence. I'll show VIII
has been manufacturing the evidence il
this case
81 hope you WILL" shouted Erwin
and Judge Smith was forced to inter
rupt the colloquy, the participants il
which had assumed very Threatening
attitudes. But the questions were rig
orously excluded Grindall's evidenc
was somewhat shaken in the cross es
animation. He was still on the stan
when the court adjourned for dinner.
The elusive third man." whom tn
J defense has been so earnestly chasing
! thr; bobs up again in Grindalls ev
dence, but in different guise from til
descriptions of him limited at heretofol
in the defense's evidence.