St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-02-21
TO SAVE THEIR SON
Mr.. and Mrs. Hayward Go on
the Stand and Testify in
His Favor.
BELIEVE HARRY INNOCENT.
His Mothers Testimony Tends
to Show BliXt Is Un-
truthful.
BELIEVE HARRY INNOCENT.
ADRY GIVEN A BAD NAME.
Both Parents Say He Talked
Of Stealing and Doing
Others Up.

The father and mother of Adry and
Harry Hayward were on the witness
stand yesterday. With anguish
stricken voices they answered the
questions that were asked them,
and did what they could to save
their son from an ignominious death
on the Scaffold 1t was a sad Specta-
Gle for the declining years of life,
and when the palsied father broke
down during the course of the eX-
animation there were tears in many
eyes unused to the solace of grief.
And there was no depth of tender
ness which pity did not touch when
the mother uttered words which it
broke her heart to speak.
The day was one of progress, and
developed sufficient to place the
case in a clearer light. The insanity
plea which the defense has all along
indicated would be Adry's portion
was sharply defined by both the at
torneys for the defense and Judge
Smith.
ing arts" to hoodwink the court into
admitting the evidence tending to
show insanity on the part Of the eld-
er brother. He did not succeed, al
though he taxed Judge Smiths pa
tience to the boiling point a great
many times.
The defense sought to show by
questions asked the parents of the
accused that Adry was insane on Ger
tain matters; that he had morbid
fear of "trifles light as air. In
every instance the court ruled them
inadmissible. He was compelled to
do so repeatedly, for one, nay a
dozen rebuffs were insufficient for
Mr.. Erwin He took direct issue
with the court, and argued with
might and main in support of his
untenable position, and, considering
the exasperating persistence with
which he returned to the subject
again and again, after being warned
to let it alone, the forbearance of the
court was remarkable.
Late in the afternoon, Mr.. Err
win, after meeting with innum-
cradle objections, arose and ad-
dressed the court in a five
minute speech of unusual power.
He spoke with the deepest earnest
ness, and fairly shouted his reason
ings to the court.
MY proposition" he said, 'is this:
Adry Hayward is generally sane on
most subjects, but by reason of his
mental weakness or lesion coming
down naturally to him through his
ancestors, matters and things
brought to his mind operate differ
entity than they do upon ordinary
minds. 1 propose to show instances
where trivial things, which would
be nothing to a healthy mind, were
aggravated by this weak mind with
this insane lesion into such serious
matters that they shadow his mind
and direct his movements, making
him the prey and victim of insane
and foolish fears. After having
shown a variety of these things,
coming down through his life by
his father and mother, 1 intend to
put upon the stand experts, thor
oughly qualified to pass Judgment
upon him, and to them [ will sub
nit the question Of his ancestors
insanity, the instances of mental
alteration. Then 1 would state to
them his testimony in this case, and
things related by him and believed
by him to be true, are not in fact
insane delusions and not facts"
During his impassioned outburst,
delivered in very dramatic man
ner, Adry Hayward sat in his ac-
customed corner, his face burning
with indignation. A sneer played
about his mouth, and his lips
uuivered with repressed excitement.
Attorney Nye sat watching Erwin
furtively, with an amused smile
playing over his features. Judge
Smith, contrary to expectation, lis
tened patiently until the attorney
had finished ,and then abruptly blurt-
ed out:
81 would like to see the man who
can testify to this"
A moment later the court added:
"You know, Mr.. Erwin, our SUI
preme court has held that an in
sane person is competent witness
on things relating to everything but
the particular thing on which they
are insane"
"That is my point" cried Mr. En-
win, triumphantly. That's it,
exactly. I will show you that he is
insane on the subject of the murder
of Catherine Cling, in what he says
of his brother Harry, because he ad-
mitted that he believed Harry was
to kill her before he knew anything
of what had transpired."
.'You don't call a man insane who
believes a murder will be COM
mitted, and it is committed in three
or four days?"
Mr.. Erwin finally gave over. but
persisted in asking questions to have
them show on the record that they
had been objected to, sustained and
exceptions noted"
The point judge Smith made wa7
that witnesses might be examined
as to actual matters affecting Harry
and Adry-their dealings, conversa-
tions, ETC., to show Adry's insanity,
farther than that it would not be
proper for the court to proceed.
The examination of Mrs. Hayward
strengthened Harry's alibi materi-
ally. At $50 she went to his room