The herald., 1895-02-15
The Prisoner Smiled and Then
Kissed His Mother
TO TRY THE INSANITY DODGE
Making Some Capital Out of the Court
Room Incident
Attorney for the Defense in the Hayward
Trial Makes His Address
to the Jury

MINNEAPOLIS, Feb. 14.-The defense's
turn in the Hayward murder trial came
today. The prisoner entered the court
room smiling and nodded to lady friends
He said, Good morning, little mother,
and kissed her. In his opening address
to the jury John Day Smith called atten-
tent;on to the number of things the state
had promised to prove which were not
proved. Smith claimed that Haywards's
insurance transactions with Miss Cling
were all usual and in the ordinary course
of business.
Smith claimed the defense would prove
that Blixt lied when he swore he shot
Miss Cling before striking her. He beat
her head almost to jelly Smith said, be-
fore he fired the shot. 1t would be shown
that Adry Hayward was insane.
Smith announced that the prisoner
would take the stand in his own behalf.
The first witnesses for the defense were
John Walsh, the Morgue keeper, and Ter
renee Connolly, jr., an undertaken. The
jury examined all the clothing worn by
Miss Cling carefully, for blood stains.
Gentlemen of the jury" Attorney
Smith said, "the mute form of Catherine
Cling lying at the county morgue gives
the lie to Claus A. Blixt Evidence pre-
sented by the defense will fairly prove to
you that Claus A. Blixt pounded that
woman's head almost to Jelly before he
fired the shot, and then only fired it when
he thought she was not dead.
'When Blixt came upon the stand, His
Honor, ex-Mayor Eusts, stepped up to
him and shook hands with him, with u
smiling face. | could not help but think
it was to give him a character before this
jury. l confess | could not have touched
the bloody hand of the murnerer for
large sum of money. | believe in the re-
lgion of Jesus Christ, who has promised
to forgive sins, but has not promised to
remove the scars. Such actions as those
of BliXt are travesty.
"There is another witness with whom
we are confronted here, who is peculiar in
many respects We will show you that he
has led a shiftless life. He was involved in
this case at the beginning and put
through the sweat process and showed
the proverbal jealousy of the elder
brother. You will remember that in the
beginning of his testimony he looked with
pity on his brother and said, i do not
blame him for making the best defense
he cam You will remember how, later,
when his mother was sitting yonder, that
mother who has borne him and watched
over him with tender solictude, he told
of quarrel he had with her and other
members of the family and had said to
that mother Why did you raise such a
litter of pups?
HE was peculiar man in many re-
spects and had diathesis from which he
could not separate himself There have
been experts here both for the state and
for the defense and they will be examined
on that point. There have been no less
than six members of his family confined
to the asylum because they were insane.
We claim that Harry is more sane than
his brother Adry.
"Now, you will doubtless want to know
what is the theory OF the defense. Gent
lemen, we have no theoly, Theories have
hanged many a man. You must be CON
WINGED of the guilt of the defendant be-
vond roa ;onabe doubt. We will alsos es-
tablish complete alibi for Harry Hay
ward at the time he was said to have been
at the Kenwood boulevard.
"We shall bring out some of the testi-
mony which has lain dormant in the
County Attorneys office and shall show
that there was a suspicious character in
the city about whom the County Attorney
was told, but he did not use the informa-
ton. We expect to compel the bloody
clothes found on the shores of Lake Cal
houn to be brought into court. The de-
fendant will take the stand in his own be-
half to refute the testimony given by Adry
Hayward and Blixt."
Harry Haywardcomes into this court, Z"
concluded Mr.. Smith, confronted by the
testimony of brother whose heart is
filled with deadly enmity, and Blixt, with
perjured tongue, has sought to conceal and
shield his real confederate. What we ask
is that the sunlight of Gods truth be let
i n on this most remarkable case"
The entire afternoon was given up to
the examination of the police officers who
examined the locality where Miss Cling S
body was found, in an effort to prove an
alibi. Tomorrow evidence to impeach
Blixt will be presented.