St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-02-01
JUROR DYER IS SICK.
Suddenly Overcome by Ill
ness and Taken to His
Hotel.
COURT OBLIGED TO ADJOURN,
And for the Nones the Hay
ward Trial Is at a Stand
Still.
COURT OBLIGED TO ADJOURN,
LUMBERMEN GO HOME.
Finish Business and Adjourn
the Convention - Hrs.
Haney Remarpies.

.. IL Dl CT, JulOI al LIZ I1dJ NdlO
case, was taken suddenly i'll. The sick
man was led from the room supported
by two deputies, and taken into the
fresh air Coroner Spring. who was in
court. was sent for and succeeded in
partially reyiving Mr.. Dyer, who is
we'll advanced in years. The sick man
was Immediately taken TO his room at
the National hotel, where it was found
that his illness was Of more serious
nature than passing faintness. The
incident provoked no great surprise in
the court loom, where the air was
sitting, and it was thought the bad air.
together with DR.. Nippert's sickening
description of the murdered Woman's
mutilated face. had produced only a
temporary faintness. But Juror Dyer
is a sick man. At the hotel he was
found to be feverish and almost too Ill
to speak. Later in the evening he ap.
peared some better, but grave doubts
are expressed of his ability to stand the
strain Of the long trial.
A number of witnesses were exam
ined during the day, in spite of the
tedious cross-examination of the de-
Tense. The testimony of Officer Moore
and Harry Goosman was of vital i'm
portance to the state, and showed con-
clusiyely that before any one else knew
hoA
ted Hayward was absolutely GER
tain that Miss Cling had met
her death foully, and would not
listen to any other theory. Officer
Moore told of a conversation he had
with Hayward at the police station on
the night of the murder in which Hay
ward positively declared that he knew
Kittie Cling had been murdered-"mur-
dered for her money" While they
were all discussing the occurrence at
the station .JaiIer Mckenna remarked
that it would be foolish for any woman
TO carry enough money with her TO in
duce any man to commit such 81 crime.
Hayward replied:
at was not for the money she had on
her; it was for other money that she
was murdered"
This significant remark was made by
Hayward before anybody suspected
that there had been a murder, and it
Established a Strong Point
in the states favor. 1t was also brought
out in the examination OF Harry Coos
man that Hayward's demeanor at the
OZary flats and while in his company on
the way to the police station, and in
fact until late that night, was
extraordinary, to say the least.
He did not betray the slightest
feeling for the dead girl nor did he eX-
press any regret. Goosman testified
that Hayward was excited. but no word
of pity or compassion escaped his lips.
On the contrary, nothing but an intense
soliciiudc. expressed in profane self
denunciation, possessed him. 10 the
witness Hayward made repeated refer
ence to the money he had loaned Miss
Cling, 5ut not one word of regret was he
heard to utter.
1t is clear that the defense intends to
make much OF Hayward's apparent
frankness on the night of the murder.
and his great eagerness TO tell all he
knew TO reporters, or any one else who
talked with him.
1t is also thought that the defense will
endeavor to prove that Hayward was
desperately in love with Miss Cling;
that he was jealous of her, and feared
that another man had supplanted him
in her affections, whose identity he did
not know. An attempt will doubtless
be made 10 show that Hayward was sin
Cere when he affected to be ignorant OF
her mysterious drives. and that his re-
mark at the police station, Il wish l
had known of those rides" was an out
burst of honest feeling.
There is a conflict Of testimony be-
tween Erhart. who found the body, and
the police officer who went out in the
patrol wagon as TO the position of the
body when found The officer insists
that Miss Cling lay on her left side,
while Erhart is positive she lay OH her
left side. Lawyer Erwin was careful
to emphasize these contradictory state
ments by insistent questioning. And,
while the incident may be trivial, the
observations of both men being made
under great excitement, it is OF the sort
that paYes the way TO reasonable
doubt where d mans life is at stake.
Thus far the examination of witnesses
has proceeded quietly. There has been
no attempt TO trap Or brow-beat them,
and the cross examinations have en-
gendered no feeling whatever. Mr..
Erwin made no attempt to weaken the
testimony of young Goosman, and
seemed as anxious as Mr.. Nye to get at
the facts. At one point in Goosman's
examination, when he told of his
6rst meeting with Hayward and his
desire to obey Miss Ging's injunction
mot to tell Harry" it looked as though
the attorney was going to bear down
upon him hard, but if such was Mr.. Err
wins intention he relinqushed the idea
without betraying anything more than
an anxiety to get at the truth.
A singular thing about yesterdays
proceedings was the character OF the
testimony that seemed 10 interest Hays
ward. For example. when GoOsman
told Of his conversation with him at the
Ozark flats, and Hayward had said:
~ knew damned well it was she. She
has been murdered for her money.
What damned fool Eve been. Two
thousand dollars gone" Hayward ex
hlbited not the slightest concern. But
it was when DR.. Nippert. the deputy
coroner, who made a thorough eXamin-
alton of the dead woman's wounds, and
described with sickening particularly
the hideous bruises and cuts which dis
figured her face, that Hayward rlyeted
his eyes on the witness and seemed
curious.
Hayward spoke to his attorney but
once during the afternoon. Then he