Little Falls weekly transcript. (Little Falls, Morrison Co., Minn.) 1894-19??, 1895-02-08
:: THIRD WEEK.
Trial of Harry Hayward Drag
glng Along Slowly at
Minneapolis.
CANNOT END BEFORE MARCH |.
Defense Will Try to Prove
Blixt a Liar and Adry an
Imbecile.

M1NNEAPOLIs, Feb. 4.-As it now .ap-
pears the Hayward trial will not be over
before March l., and the third week
finds the state scarcely started upon tho
case. Up to date there have been nine
days spent in securing jury and open
ing the case. Then the taking of testi-
mony was interrupted by the illness OF
juror, and two entire days were lost in
this way. As matter of fact the only
evidence thus far adduced to the max
ing of case has been the establishment
Of the murder by the Identification of
the body, the circumstances of it's find
ing and the formal testimony of the
coroner and his deputy that death was
eau led, n the opinion, by the bullet
Wound in the head.
Intentions Of the Defense.
While w. ". Erwin and his confer
rees are try .ng to keep the probable
line or de- ense in the Hayward case
from he public, little by little some
parts f it are unfolding themselves.
The public was made aware Of portions
as soon a. Mr.. Erwin began his cross.
examina O of Jurors, then followed it
up with more when the cross-examina-
ton II w. tnesses began. In this way
it was civ. n o it that insanity would be
an element, hat the defense was look
ing for that third man, the one with the
point Shoes, that the murder must
have been done differently from the
manner described by Blixt, that there
must have b Ell blows struck
Before the Shot Was Fired.
The fact o. the matter is, the defense is
feeling quite buoyant. This is the way
it's friends reason In the first pla"e,
there is that reasonable doubt. De-
fined, this means that the state must
show its case in such a manner that
there is absolutely no other theory than
a theory Of guilt. If, after the defense
has as led the states testimony, and
introduced it's own, the jury can follow
out theory of innocence from the facts.
ii saUnder its cath, the jury is bound TO- ac.r
&cep that theory in preference to the one
of guilty. It is not by preponderance
of evikence that jury must select
which one of these two theories is prob
able, but if tine theory Of innocence is at
all t5nable, or even possible, the jury
must accept it and acquit.
VIII Try to Impeach Blixt.
The defense has several hard points to
con end with. To begin with, there is
that amag ng conf 1sslon of Blixt star
ing them il the face as the one huge
specter. Mr. Ew brushes that aside
Blixt IS la. He has told various
stories, a diffe: ng. The defense Sc
cures some of the people who have
heard some of these stories, SO that if
Blixt makes slip under cross-examina-
ton he can be impeached. Erwin hopes
with his wonderful skill at cross-exam
ination to make the jury think Blixt
is lying in order to screen a third party.
This they think will be easy, for Blixt
will be so much potter's clay in Erwin's
hands. They do not fear Bllxt as much
as Adry.
Is Adry Insane?
Adry is apparently gentleman and a
man to whom the jury will listen.
What will be done with this lesser
specter? The defense will try, nay, says
it will show that Adry Hayward is, and
has been, as visionary as the most
chronic imbecile, harmless, but incom-
petent. This is the intent. Insanity
will b., shown to have been in the fam
lily for years back, to add to the claim.
For this the dispositions from Illinois
VIII be used, if the court allows them.
30 far Erwin expects smooth sailing.
What next? It is necessary to place be-
fore tue mlnd's eye Of the jury the pos
b ly of tn, rd party being in with Bnxt.
The defense will try to show, at least
by inuuendo, that Catherine Cling had
business transactions with other men
as d., from Harry, who was only one OF
he trusted male acquaintance. Tax
it all IN all some lively sessions are
promised this week.