The Dickinson press., 1895-03-02
A Poor Showing.

Minneapolis, Feb. 23.-County Attor-
ney Nye resumed his cross-examina-
tion OF w. w. Hayward, father of the
young man accused of the murder of
Catherine Cling. He was quite unable
to shake the old gentleman's story in
any essential particular, although he
demonstrated that the witness men,
ory as to dates and happenings at
about the time of the occurrence he
described was not the best. 1t is a
remarkable fact that thus far In the
case, although both Nye and Erwin
are adept questioners, neither has been
able to shake the testimony of any of
the witnesses on cross-examinatiOn.
Mr.. Nye tried to establish by the SEN
ior Hayward that on Dec. 6, three
days after the murder, elder" Stew
art had told him the story that Adry
had told Stewart three days before the
murder. Hayward senior was unable
to remember when this conversation
had taken place, except that it was
after the murder.
William Yale, q gunsmith, and Rob-
ert Weed, q jeweler, testified as to va
rious kinds Of cartridges, the weight
of bullets, etc.
Mr.. Erwin succeeded in establishing
that the fatal bullet was Of the same
weight Ms one taken from IS short
cartridge. Blixt had testified that
when Harry gave him the cartridges
he had declared them to be 3S long.
Mr.. Nye strenuously, but in vain, OBJ
jected to this evidence, and Mr.. Erwin
was jubliant at his success.
Harry Testihes.
| VoeA NGw coid y,o 1,oa
other witnesses present except the de-
fendant himself. Call Harry" he
added.
With his arms folded and set ex-
preston on his face, Harry Hayward
took the stand to battle for his own
life.
He said, in answer to the usual pre-
!iminary questions, that he was born
in Macoupin courty, Illinois, 20 years
ago, and had lived In Minneapolis for
25 years.
"Now," said Erwin, mfr. Blixt has
testified against you, and Mr.. Adry
Hayward has testified against you
Have they testified correctly?".
''rhey have not" responded the wit
ness. setting his teeth.
"Has the testimony of Adry Hay
ward given here on the stand been
true or false?"
"Alrlost wholly false"
DO yoN know any reason why"
Il do.S
Explain it to the jury"
II object" said Mr.. Nye.
Sustained 'ejoined the judge. II
suppose this is or Impeachment"
"Oh, no, your honor, I'm not trying
this whole case on the word impeach-
ment want the jury to know the
feelings of fear which might influence
Adry Hayward to testify falsely
against his brother. want them to
know the truth
"Well, you can call his attention to
the particular questions and answers
II you choose" said Judge Smith.
mothers and brothers. testimony"
said Erwin, finally, after consultation
with his colleagues, regarding the dis
i Did you have any trouble with him
about what lie SAID to your mother?"
An objection to this was sustained,
and Mr.. Erwin asked:
'Dfd your brother have any fear Of
you for the reason that YOU might
make disclosures about him?'
'Yes, SIR" responded Harry, before
Nye could object, but the answer was
ruled out.
| Adry Was with Miss Ging.
"Now. you have heard Adry say
that he had never seen Miss Cling. Did
he ever see herr"
Harry said that Adry went riding
with Miss Cling and Miss Vedder once.
Mr.. Nye objected strenuously to any
thing further on this line, and was
sustained by the court.
"Now," turning to the witness on
the stand, II will ask you about all
your relations with Miss Cling. State
them fully to the jury"
"Well," said Harry, In reminiscent
mood, Il was introduced to Miss Cling,
I think, in January. 1894, by Mr..
Speaker, at the boarding house. met
her at first, perhaps. % often a. once