The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-02-21
HELPING HER SON,
HARRY HAYWARD,
AN ATTEMPT TO PROVE AN ALIBI
BY 1.-THE TESTIMONY OF THE
MOTHER.
QUESTIONS AS TO INSANITY.
FRUITLEss EFFORTS TO DIsCRED1r
THE EVIDENCE OF Brother
ADRY.

MINNEAPOLIS, Feb. 20.-Mrs. Adry Hay-
ward was witness in the Cling trial to-
day. Preceding her testimony Horace l..
Wells, paying teller of the City Bank, and
Louise ireland were sworn. Wells testified
to having paid Harry Hayward between
$4,000 and $1,000 after September |, 1894.
thus accounting for the defendants pos
session of money that did not come from
Miss Cling.
Miss Ireland was questioned by the de.
tense as to Harry calling at the fiat on the
day preceding and the day of the murder.
Mrs. Adry Haywarfwas then put on the
stand. Her testimony simply bore on the
question of the time Harry Hayward
called at Adry's fiat on the night of the
murder, which she could not fix definitely
and the time she and Adry left to go to her
parents house, which was about I: so p. NJ.
Mrs L. L. Hayward, the mother of the
defendant, was then sworn The first
part of her testimony was intended to help
establish Harry's alibi. Mrs Hayward
said that Harry came into her room at
7:2O O'Clock and said he was going out to
make call. AT about 90 minutes to
he came IN again hurriedly, brushed his
hair and went out, saying that he was
going to the opera. The forty minutes be-
tween these two times is the vital period,
for In that time, according to Blixt's testi-
mony, Harry put him in the buggy
with Miss Cling, with instructions to drive
away and kill her. Mrs. Hayward was
next asked about the existence of insanity
In her family. but the State at once OBJ
iected, as the question of insanity had not
been raised. The objection was sustained
by the court.
Mr.. Erwin.
'Who is insane?" said the court, com
ing at once to the meat of the matter
''We wish to show at the time previous
to his going to Elder Stewart and at that
time Adry was resting under delusion. J"
'Well, suppose he was insane, what
then?''
at would affect his credibility before
this jury and his competence to testify"
''The court determined as TO his compe-
tency when he vas on the stand and there
was no offer to prove the contrary Insane
persons, especially those who are mono-
maniacs, are competent to testify" re-
torted the court.
Mr.. Erwin asked long series of ques-
tions bearing on Adry's actions, his
jealousy, his unreasoning fears during
youth, the medical treatment he had been
given. ETC., but they were all ruled out.
Mrs. Hayward could not answer direct
question as to the differences between
Adry and Harry affirmatively or mega
lively
The largest crowd since the trial began
was in the courtroom this afternoon
Mrs. Hayward again took the stand, but
owing to the numerous objections
by the State nothing material was de-
veloped.
w. w. Hayward father of the two pris-
oners, was the next witness. The witness
denied some of Blixts statements, but as
material impeachment the testimony was
a failure. The witness corroborated his
wife in the portion OF her testimony where
he said Adry was violent on October Z and
called his mother names which reflected
upon her character
In telling of the occurrence the old gen
tleman broke down and sobbed and the
proceedings were delayed some time wait
ing for him to compose himself. Half the
women in the audience cried from SYM
pathy with the aged witness.
He testified that he had kept q large
number of 81 bills in an iron box in his
safe for about two years and upon looking
there the other day found that they were
all gone but one. Both boys, he said, knew
the combination of the safe