St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-02-15
OPENED FOR DEFENSE.

An Eager ThrOnG Listened TO
John Day Smiths Address.
The early hour at which court con-
vened yesterday morning had no effect
upon the attendance Long before 9
o'clock hundreds of people hocked
about Labor temple as usual in the
hope of catching a glimpse of the pris-
oner. and when the deputy raped to
order at $3.50 there was not a vacant
seat in the court room. The great
crowd was more eager, impatient and
curious than it has been for several
days, for its appetite had been whetted
by the anticipation of John Day
Smiths opening address. When Mr..
Smith arose TO speak. almost breath
less attention was accorded him. The
defendant turned around and faced the
jury when the address began, his eyes
rowing restlessly about and seeming to
fix on nothing in particular. He looked
rather more serious than usual. and
appeared to feel his attorneys harsh
denunciations OF his gambling propen-
stiles Mr.. Smith said:
May it please the Court, and Gentle
men of the Jury:
Great at one time in the height of his
glory and power sought out the Grecian
philosopher DiOgenes, and desired to
DO him service, and asked what he
could do for him. The surly old phil
Osopher said: Get out of my light
we have come TO that state in this
case. where for the time being we are
going to ask the prosecution TO do the
same thing for US. that the sunlight OF
truth may be let in upon the Cincum-
stances so dark and mysterious in this
case.
This is a most remarkable case, in
whatever way you look upon it.
Accepting the theory of the defense
that the defendant in this case is in
nOcent. it is a most remarkable case.
Accepting the theory of the proSecu-
ton that the defendant is guilty, it is
still more remarkable case. 1t is the
most remarkable case in the history Of
criminal Jurisprudence in this country.
A terrible crime has been committed.
The details, as recOunted to you by the
witnesses for the prosecution. are most
heinous and revolving
we are not here as the counsel for
We are here representing the defend
ant, and in order to see that all of
4hOse constitutional guarantees which
surround a defendant may be properly
guarded.
THE SPEAKER DEPRESSED
to speak Of the blessings of the jury
system. which had its origin in remote
antiquity, but had been treasured
through all the centuries until it was
beQueathed to the Pilgrim fathers. He
asked the jurors to be patient, and
spoke of the trying ordeal through
which they were passing.
Great care has been taken he
said. ito select a jury each member OF
which before stepping into the jury box
stated that he had no prejudice in this
case. and that he believed himself
qualified to sit and judge fairly and
honestly the issues in this case. In
deed. you took an oath that without re-
gard TO the fear of any man or the ia
vOr of any person you would honestly
and truly try the issues in this case be
tween the state of Minnesota and the
defendant. according to the evidence
that might be adduced here in court
is binding upon you"
The speaker said he would not go into
the revolving details of the crime.
Rather would he bear a tribute Of re-
spect ana sympathy to the widowed
sister of the murdered woman. He
looked forward to the day when per
sons accused of crime would need no
counsel to defend them, the day when
the prosecuting attorney would furnish
all of the evidence and then ask the
jury to Judge honestly and fearlessly
in the sight Of God. Continuing, he
said:
You will remember that the counsel
for the people, Mr. Hall. in his opening
address made certain promises as to the
evidence that he would produce here
upon the trial to suhstantiate the
theory OF the prosecution.
The first proposition was that the
defendant in this case had so worked
upon the deceased that little by little
he had acquired all the money that she
had. and had lost it. I submit to you
that that proposition has hardly been
essNblished. Independent of her bank
ac6sgnt in the First National bank at
the time of her death. you will bear in
mind that her other property, her other
money, was not traced by evidence into
Harry Hayward's hands.
In the second place, it was urged by
the prosecuting attorney that it would
appear that Harry Hayward himself
was the person who went riding on the
Tuesday or Wednesday and the Satur-
day preceding the homicide with Miss
Cling. These facts have not been estab-
lished.
1T was intimated in the third place