St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-02-27
HE HAD A BEARD
The Man Seen on That Fatal
Night in a -"Fast Driving
Buggy"
he DROVE A LIGHT HORSE
Furiously Down Lake Street
Past Two Young Men
at 8:15.
M. D. WILSON ON THE STAND.
An Attempt to Be Made Today
to Imp each His TeS-
timOny.
HARRY HAYWARD FINISHES.
His Testimony Yesterday Of a
Decidedly Wearisome
Character.
M. D. WILSON ON THE STAND.
HARRY HAYWARD FINISHES.


proves with age. Attorney Hall
had him all to himself until o'clock
yesterday, and failed to embarrass
that exclusive individual as much as
his own attorney did on direct eX-
animation. The witness appeared to
much better advantage than on the
previous day, and answered ques-
tions as though he had some idea
of what he was talking about, a
condition of mind which did not af%
feet his utterances on Monday.
Mr.. Hall harped on several strings
in the course of the day, the paying
over of the money in the Oneida
block, the witness knowledge of the
safety vault, Waterman's visit to
Miss Cling, witness gambling oper-
ations, loans of money, the hold-up,
and many other things giving him
pause. Hayward maintained a
good front throughout, and gener~
ally needed Judge Smiths pointer
to confine himself to statements of
facts without stopping to explain
each trivial occurrence.
Mr.. Nye was not in the court
room yesterday, Mr. Hall eXplain-
ing that he was attending the fu-
neral of his grandmother. He will
be on hand this morning, however,
and, if he is not satisfied with Hay
wards examination, will apply tho
prod himself, it having been UNDER
stood that Hayward might be re-
called. s.e.s e -@ --
Mr.. Hall indulged in tactics DUR
ing the latter part of his examina-
ton of the defendant which struck
the ordinary observer as of the bull
doing sort. Hayward was telling
about getting the rig on the night of
the hOld-up, and said it was very
late, possibly $50, before they got
the turnout. Then he said it was
about 8 o'clock. Mr. Hall wanted to-
know instantly how he came to
change his mind and say it was 8
o'clock. The witness told him he
had been informed while on the
stand last Thursday by AttorneN
Shumaker that the livery stable
books recorded the time as o'clock.
This was a fact known to almost
every man connected with the case,
and the jurors showed plainly by
their looks that they remembered it,
But the states attorney would not
have it that way, and tried to con-
fuse the witness by asking him who
had told him to change his minds
Hayward was not be bluffed, how
ever, and asserted his proof so ve-
hemently that Hall finally subsidized,
AT the conclusion of HaywardS
testimony M. D. Wilson, the horse
dealer who testified a week ago to
having seen Hayward in the buggy
with Miss Cling, was put on the
stand. 1t was apparent when Will
son took his seat that Mr.. Erwin in
tended to make serious trouble for
him, but before he got we'll under
way Mr.. Hall objected to his tactics
on the ground that the defense
could not impeach it's own witnesses.
Mr.. Erwin contended, however, that
as to the recognition of the man in
the buggy with Miss Cling, he was
the states witness; that having
been drawn out by them in spite of
his objection, that it was not cross
examination. Having made him the
witness, he was therefore open to i'm
peachment as to that matter, but,
even aside from that, he had with him
a decision of the Minnesota supreme
court in the case of SeloVer and
Gould VS.. Bryant, which went up
from Judge Elliott's court in this
city, in which it is held that a Hti-
CANT may impeach the testimony Of
one of it's own witnesses who has
made surprising statements on the
stand if it can show that he had
made previous statements contradic-
tory to those made in his testimony.
Judge Smith thereupon decided to let
in the testimony, and accordingly
Wilson was asked about a conversation
which he had with one James Ward,
in which he was said to have stated
that it was Adry that he saw on the
boulevard. He denied the conversa-
ton. He was also asked about a con-
versation with Frank S. Danferth, of
the Millers' and Manufacturers In
surance association, but Mr.. Danforth
was not present, and the date could
not be given, so the matter was laid
over until this morning.
Cross-examination of Hayward was
very vigorous as to the weeks and days
preceding the murder. Mr.. Hall,
while failing to shake the witness
direct testimony, obtained from him
admissions of discrepancies between
that and his statements to the in
QUESTION, and also placed in a bad
light the incident of the display of the
money in Barge's, the sending of
Waterman to pump Miss Cling, and the
signing of the note, assignments, etc.
The Hamel mill trip was also gone
into, and it was intimated that the re-
buttal might show that Harry was
actually at the, Hamel mill on the day
following the fire. He denied it.
Mr. Hall also drew from him the
fact that the money he had obtained
from the lot formerly referred to was