The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1895-02-19
THE HAYWARD TRIAL.
Tho State Withdraws Objection TO
Miss Wachter TestilyIng.
HARRY HAYWARD IS JUBILANT
Over tho Days Proceed gs-aIiss
Wnchtor Says Blixt's Story Is False
aud That lawyer O'DclI IL q Schcm.
er-SIrs. Hayward Again In tho
Court itoom--Iho Other Witnesses
Unimp0rtnnt.

MiSyEAroLIs, MINI. Feb. lS.-The
state sprunga surprise in tho HAYWARD
murder trial to-day. when 1t withdrew
all opposition to tho introduction Of
Maggie Wachtcr's testimony. Miss
Wachter Is the steno2raphcr OF Blixt's
attorney who was to testify that Blixt
had stated to his attorney in her pres.
enco that it was with Adry Hayward
and not with Harry that he had con.
spired to Murder Miss Cling. Tho court
had held that it was a communication
between client aud attorney and was
therefore inadmissablc. There had
been the greatest interest awakened
among the lawyers generally and Mr..
Erwin this morning received
telegram from W. D. Frazee at
Okolona. Mics. citing three decisions as
to the point. The court was unwilling
to admit tho testimony without the
direct consent Of Blixt, and the mur.
derer was brought from the jail and
questioned personally by Judge Smith.
lie had no objection, he said. and Mis-,
Wachter was called. Tho sudden change
OF front on tho part OF the state is said TO
be due to its ability to impeach Miss
Wachter's evidence absolutely. BlixLs
attorney will 20 on the stand and con.
tradict it, and i, is also understood that
the state has asceriained from a con.
tidant Of Miss Wachter the true inward
ness OF the evidence.
Thomas Waterman was called to tes.
tify rs to Harry Hayward's movements
on December 3. the dav OF the murder.
He contradic!ed Adry Hayward in sew
eral important particulars as to time.
Three boarders at Harry Hayward's
boarding place testified he was in the
dinineroom as late as 7:l0 that evening,
which brings him dangerously close to
the time when Livcryman Wilson
claims to have seen him driving with
Miss Cling mile away. The defense
expects to establish complete alibi for
the defendant from until 1880 d. IN.
the day OF the murder.
'liow does it look now, old man 2"
asked Harry Hayward after court ad-
journed, as he slapped friend on the
back, and laughed heartily. He was IN
good humor This has been a day for
the defenae. After four long weeks of
trial. the defense had at least made
mark with the testimony Of Maggie
Wachter. the stenographer. the state
having Withdrawn its objections to her
testifyin:.
Miss Wachter was voluble, positive
and could not be shaken BY cross.ex.
animation. She called Blixta liar, O'Dell
Il schemer to make money out OF the
county, and Assistant County Attorney
Hall bulldozrr and intimidator OF
women.
Mrs. ". W. Hayward. the mother OF
both boys, came into court to hear her
elder son again accused OF the crime
from the lips Of the woman who was to
impeach the testimony OF Bli1t.
She took it calmly, although there
was look OF satisfaction upon her face
as she heard the witness testify and
heard how Mr.. Nye failed to shake her.
Harry was jubiant, but controlled
himself, yet often he would burst out
into uncomfortable laughter ms Miss
Wachter would make an unusually saw
age thrust at Mr.. O'DelI or Mr.. Hall.
After court adjourned, Mr.. Hall
GbaNCA tudl thSiC haS AOL u WOEu OIL
truth in what she had stated about
him. In hcr evidence. she said that
Hall hnd called on her and attacked
her, character in most abusive and
scandalous manner.
"Why, our meeting was most pleas
ant" said Mr.. Hall. do they think I
am fool to talk the way she says to a
woman?"
For the sake Of impeachment Mr..
Hall asked the witness ii she had not
told John a Olson, that ii he would 90
to the defense and tell them that he
knew something about tho murder case,
he could make plenty of money. She de.
nicd it fatty. She was asked il she did
not threaten Mr.. O'Dell TO make it hot
for him, and If she did not say
she had been offered money for Blx.'a
statement. She was also asked II she
did not tell Olson that she knew
something about the caae, for O'Dell
said something just as they were going
out OF Blixts cell. She denied all this
latly.