The Dickinson press., 1895-03-02
Third MAN AGAIN
An INTERESTING BIT o. TESTING.
NY IN THE HAYWARD TRIAL.
man With Light MOustuc!,c
and Whiskers in buggy
Driving From the Scene of
the Cling Murder.
!: HOLD-uP STORY AGAIN
Harry Still Claims That Adry Wa.
the Highwayman Who Robbed
Him and Miss Cling.

Minneapolis, Feb. Is. - When tho
trial of the Hayward murder case was
resumed it was announced that Coun-
ty Attorney Nye could not be present
owing to a funeral in the family, and
the defendant, WHO was still on the
witness stand, was turned over to the
tender mercies of Assistant County
Attorney A. II. Hall for croSS-eXamin-
alton. Mr.. Hall plunged at once into
the questions of the various loans
made by Hayward to Miss Cling. the
aim of his questions apparently being
to show that Harry lent the drcssmak-
er money freely without security and
In loose and unbusinesslike manner.
Harry'S connection with the loan Miss
Cling made on the flour mill at Hamel,
and the collection Of the loss when it
suddenly burned was thoroughly ill.,
vestigated and Harry was asked
whether he had not driven out to
Hamel with Miss Cling the morning
after the fire. This he denied utterly.
This and other questions We're asked
for impeachment purposes. the state
proposing to show OH rebuttal that
Harry is not telling the truth. Har-
ry described how lie had turned the
lot given him by his father. into cash,
first by mortgages and then by dis
posing of the equity to Mr.. Stewart.
The proceeds had been nearly $4,000,
and this he had partially lost ut gam
bling while the rest he had given to
Adry in a sealed envelope and it was
put in the safe. He declared that tll,
most money he had ever lost at one
sitting was $500, at the Twin City
Athletic club.
The entire morning was taken up in
cross-examination with regard to the
loans. Mr.. Hall went through and
through the subject. but was quite un-
able 10 entrap the witness in any con-
tradictions which he could not explain.
There We're many sharp tilts between
the two. embittered. no doubt. by the
animosity Harry bears against the as
sistant prosecutor for arranging the
sensational scene at the morgue. Mr..
Hall expressed his surprise that Harry
should have trusted Adry with money
after learning that he had no con-
science and had mania for crime.
Harry replied that he would trust
Adry now with money, if he gave it
to him openly and asked him TO keep
it for him.
"That's the difference between us. "
he added. "Adry cherishcs grudge
and l don't. It's his feeling against
me now. and not mine against him"
1t also came out that Harry and
Elder Stewart had been enemies for
two years, and that he did not put his
money in the bank, but kept it with
him, fearing that the elder might get
hold of 1t.
The Hold Up Story
was gone into in the afternoon. and
Mr.. Hall used inuendo to show that it
was Harry who had been the prime
mover in that affair. In fact he asked
him if he had not told Adry once that
he had planned it, that song was to
be the signal, but that the man who
did it was such bungler that the
women had time to hide their money
and valuables. Harry denied it point
blank. He admitted that he did not
want the matter reported to the police,
but that was on Adry's account He
had kept the watch out of sight for
months so that Adry's wife might not
see it and thus wonder how he got 1t
after it had been stolen from him.
This closed the cross-eXamination.
There was tilt between the at
tOrneys when the hold-up story was
In process OF telling. Mr.. Hall asked
where Miss ,Nedder was. and Mr.. Err
win stated that she had left the city
and was III Iowa. Mr.. Hall rather
limited that the defense had spirited
her away. but Erwin said he wanted
her and had sent for her to come home
and he on hand to testify. Mr.. Hall
stated that he wanted her very badly
also. and the audience was left to il-
fer who wanted her the most.
NJ. d. Wilson. the alleged missing
witness. was called again by the de
fense, and Mr.. Erwin proceeded to
try to impeacl his own witness. Mr..
Hall objected. hut Mr.. Erwin mad au.
thOrities and the court allowed the
questions. He was asked If he knew
James Ward. Mr.. Wilson did not re.
member him and he was exhibited
from his seat in the audience. Then
Mr. Wilson remembered him. Mr..
Erwin asked if the witness had not
told Ward that Adry was the man who
was riding With Miss Cling at the
time Wilson met them near Lyndalc
avenue and Hennepin. Wilson denied
it fatty. He was asked IL he knew
+. s. Banforth. to which he answered
in the affirmative. He was asked If
he did not tell Mr. Banforth two or
three days after the murder that he
could not tell who it was in the rig. II
was so dark, and he denied it. He
stated that he could not have done SO
because he left the city the day after
the murder and was gone for three
weeks. AS Mr.. Banforth was not pres
ent to fix the time again. the witness
was asked to come again in the morn
ing. Then came
The States Triumph.
Harold G.. Stevens was put on the
stand. He swore that Oh the night of
the murder he was in company with a
friend, Mr.. Wood, and were coming
from the Lake Of the Isles to Lake
Calhoun on cross-road, and they
saw a buggy coming along at brisk
gait from the lake toward town. He
looked in it closely and saw man sit
ting in the middle of the buggy who
had light moustache and beard.
Here was the man seen by Grindall
esain. When questioned by the state
t~e witness stated that he saw young
couple on Lake street, and he and his
companion walked on the side of the
street where there was no sidewalk.
He knew the young man whom Miss
Brown stated was with her at that
time, hut stated I: It he did not recog-
nize him. although he passed very
close to the coupe. The court put In
q question which made it appear
strange that he could see the man In
the rig and note his features when he
could not recognize one of his own
friends.
I. His companion stated that he stood
a trifle nearer the rig than his friend
and noticed it particularly. The light
from an electric lamp shone upon 1t,
but the curtains and top to the rig so