The pioneer press. (Miller, Hand County, S.D.) 1893-190?, 1895-01-24
Not Physically, But Morally, by
Some Statements of the
Newspapers.
ATTORNEY ERWIN PROTESTS
Jail Breaking Scheme With
Which He Had Nothing
to Do.

MINNEAPoLIs, Jan. 23.-There was
again crowded court'at the opening of
the Hayward trial.
Attorney Erwin created something of
sensation when he arose and asked the
court for leave to make statement.
The court granted the request.
Mr.. Erwin stated that morning pa
per had done his client great ill.,
justice. 1t was in connection with
reported attempt at a Jail delivery in
the Hennepin county Jail, and the con-
nection of Harry Haywa"d's name
Herewith. 1t was stated in the paper
that Hayward was in the scheme to
break out of the jail in connection with
one Jack Ollinger.
Peached on Him.
Mr.. Erwin denied this, and explained
that three weeks ago Hayward called
him to the jail and explained the scheme
proposed by Ollinger for general
break of prisoners from the Hennepin
Jail. Mr.. Erwin stated that he advised
Hayward not to have anything to co
with the scheme.
Hayward agreed to this, and it was a
his request that Mr.. Erwin saw the sher-
III and informed him Of the attempt to
be made by Ollinger and others in the
jail. 1t was decided that nothing should
be done in the matter until the scheme
was to come TO head, and the suspects
to be cornered and their scheme shown
up. This had been done, and it was un-
fair, considering the part Hayward had
played, that his name should have been
dragged into the matter in the way it
had been.
The examination Of jurymen was then
taken up.
A Sensational Scene
closed the morning proceedings. WV.
Erwin, attorney in chief for the defense,
had just stated that he would summon u
witness in the afternoon to prove that
Juror Andrew Carlson had nude prejU-
diced statements to man at his house,
and court was about to adjourn, when
Judge Smith was appare ntly startled by
the assertion of Mr. Erwin
Il want to say right here" said
Judge Smith, "that if any Of the attor
neys in this case have gone about look
ing up the jurors on this panel for TIE
purpose of ascertaining their opinions
in this case, it is contempt of court,
and that they will be called to account
for it as sure as sit upon this bench. I"
ALLOW me to say, if the court please" :"
said John Day Smith, THAT the defense
has been to the trouble of examining, as
it had the right to, the records of all tin :
Jurors upon this panel, as to their habits,
morals and manner of life, in order"
You, sir, as an attorney at law, know
what mean, and what you have Il
right to do" cried the court. II repeat
that you have no right to inquire Of
jurors drawn on panel in order to find
out how they stand on case. 1t is con-
tempt of court, and You know it,"
"If the court will allow me-" said Mr..
Smith, very mildly, II wish to say thai
we have right to ivestigate the char
acter of jurors. Far be it from me t
deny it is wrong to ascertain their opin.
ions. and I would be the very last man
at this bar to do such thing"
well, l want it understood that this
court will make it point to inquire
into the nature of all the questions
asked these jurors" said the court.
lyon may have the right to examine
into the character Of jurors, but you
have no right to visit them personally O
have them visited" The court then
adjourned.
The circumstance has created great
excitement, and as the defense has ad
mtted looking up every juror, Already
there are dark hints among spectators al
the trial, of underhand work