St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-03-07
join ed in the Indictment, before it was
brought into the trial court for trial.
UNTIL PROVED GUILTY,
The Presumption of Innocence Is
i'm Favor of HAYWARD

Ihe presumption OF innocence Is
in Favor of Hayward.
By mistake, by error, partially
prompted by the customs of the times,
the mayor and the detectives and the
county attorney formed themselves in
to an improvised grand jury. They
usurped the functions of that body.
They entered upon a series of in
QUESTIONS unknown to the costitution
of civilization. They accepted what
they pleased because they were not
oath bound, and they stopped in their
Investigations where they pleased,
because they were not oath bound.
And just as soon as the criminal him
self had suggested something they
took his word and began to pat him
on the back, and set the force of the
state at work to strengthen it, to
bolster up and to build up his story
and to tear down, to crush out and
destroy all of the natural fountains
of inquiry. This came about by a
wicked disregard of that second
greatest bulwark of liberty, the grand
jury; and an error which / hope will
never be repeated in this state. So
that now, while the persons who ought
to have been most inquired about.
Blixt and Adry Hayward, concealed
behind the Dhalanx of offers who
prosecute, justified and indicated by
the public press, and uninvestigated
in any way whatever, now they, and
they alone. come forward as the
sponsors of this prosecution; and the
prosecution sneers at us, that we have
no defense; sneerS at us for not doing
that which they rendered it impossible
for us or any one else to do; and that
was plain, orderly, honest investiga-
ton of the mysterious movements of
Miss Cling, which 1 have not the least
doubt would have been brought to
light had they been properly investi-
gated; and an investigation into the
whereabouts, condition and move
ments of Adry Hayward and Claus A.
Blixt.
The court will tell you that we are
not charged; that a citizen cannot be
charged to do the duty of the state
and find for it the murderer The
court will charge you that t is not
expected of or incumbent upon the de-
PENDANT to suggest to you who the
murderer is. He stands here under
his presumption of innocence, and un-
til he is proved guilty he is not re-
quired to raise his voice. The state
assumes to make him guilty by evil
dence beyond a doubt; and the state
in doing so, it is claimed by the ablest
jurists and the most humane jurists,
ought to lay before the jury all the
testimony.
Now, Claus A. Blixt, and the con-
struction of his story is voiced here in
this evidence, circumstantial, but in
such a way that you cannot help TAX
ing notice of it. And you must take
it. it seems to me, into account in
honestly and fairly judging of the
credibility of his story. How many
things do you suppose in this case
contradict Blixt, Saint Blixt! Not yet;
not yet He contradicts himself time
after time, day after day, circum-
stance after circumstance. He adds
to his testimony. The motives and
inducements for his adding to it APP
pear here in the investigation of his
testimony.
The dead body contradicts him. The
condition of the clothes contradict
him. The blood in the buggy con-
tradicts him. The manner in which
the horse came in contrad1ctS MIN.
The shots contradict him. The tracks
contradict him. The witnesses con-
tradict him on his movements after
leaving the body. His wife and his
brother-in-law and others contradict
him as to putting the revolver in
Harrys room. He is contradicted as
to the witnessing of the note. His
testimony is explained as to the cut
ting of the iron bar. He is contradict
ed by the bullet. He is contradicted
by ten witnesses that establish the
alibi. Why, it is the most startling
thing that 1 have ever seen, the sub
stance and the materiality, the con-
vincing power of all these subjects of
contradiction, and the terrific self-con-
tradictions that this man makes of
himself