The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1895-01-25
INJURY TO HAYWARD
Not Physically, But Morally, by
Some Statements of the
Newspapers.
ATTORNEY ERWIN PROTESTS
Jail Breaking Scheme With
Which He Had Nothing
to Do. ...


again crowded court at the opening of
the Hayward trial.
Attorney Erwin created something Of
sensation when he arose and asked the
court for leave to make q statement.
The court granted the request.
Mr.. Erwin stated that Il morning pa
per had done his client a great in
justice. 1t was in connection with Il
reported attempt at Jail delivery in
the Hennepin county Jail, and the con-
nection of Harry Hayward's name
Herewith. 1t was stated in the paper
that Hayward was in the scheme to
break out of the jail i'll connection with
one Jack Ollinger.
Peached on Him.
Mr.. Erwin denied this, and explained
that three weeks ago Hayward called
him to the Jail and explained the scheme
proposed by Ollinger for Il general
break of prisoners from the Hennepin
| Jail. Mr.. Erwin stated that he advised
Hayward not to have anything to do
| w LUZ VIC SSllcllS
| Hayward agreed to this, and it was at
his request that Mr.. Erwin saw the sher-
| itf and informed him of the attempt to
be made by Ollinger and others in the
Jail. 1t was decided that nothing should
be done i'll the matter until the scheme
was to come to head, and the suspects
to be cornered and their scheme shown
I, Il -
fair, considering the part Hayward had
played, that his name should have been
dragged into the matter in the way it
had been.
The examination Of jurymen was then
taken up.
\ Sensational Scene
closed the morning proceedings. WV.
Erwin, attorney i'll chief for the defense,
| had just stated that he would summon /,
witness in the afternoon to prove that
Juror Andrew Carlson had nude preju-
| diced statements to Il man at his house.
and court was about to adjourn, when
Judge Smith was apparently startled by
the assertion of Mr.. Erwin
81 want to say right here" said
Judge Smith, ''that it any of the attor-
neys in this case have gone about look
ing up the jurors on this panel for the
purpose of ascertaining their opinions
in this case, it is contempt of court
and that they will be called to account
for it us sure as I sit upon this bench. .
''Allnw me to say, if the court please, y
said John Day Smith. that the defense
has been to the trouble of examining, as
it had the right to, the records of all the
jurors upon this panel, as to their habits
morals and manner Of life, in order
i:You, sir, as an attorney at law, know
what | mean, and what you have !;
right to do cried the court. II repeat
that you have no right to inquire o
jurors drawn on panel in order to tinc
out how they stand on a case 1t is con
tempt Of court, and you know it,
IF the court will allow me- said Mr.
Smith, very mildly, II wish to say tina
we have right to ivestigate the char
acter Of jurors. Far be it from me t,
deny it is wrong to ascertain their opin
ions, and would be the very last ma,
at this bar to do such thing
"Well, 1 want it understood that thi
!. court will make it a point to inquir
into the nature Of all the question
asked these Jurors, said the court
"You may have the right to exanlin
into the character Of jurors, but yoo
have no right tovisit them personally o
have them visited The court thel
adjourned.
= The circumstance has created grea
~. r.
mitted looking up every juror, alread
there are dark hints among spectators a
= the trial, of underhand work