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

establish this theory relating to the
clause as to intentional injuries shows
that this clause was not issued at the
request of Miss Cling, nor at the re-
quest Of the defendant in this case.
But, without request of any one, 1t was
issued in the general course of its
business. And on the very day that the
clause in that accident insurance policy
in the Travellers Accident Insurance
company
WAS MAILED TO MISS G1NG
in the regular course of business,
there had been twenty other and sim
liar clauses mailed to other persons
who had taken out policies in that COM
pany. This was satisfactorily estab-
ished yesterday by the testimony of
John G. Purple, who was an agent OF
that company.
Then the counsel for the prosecu-
ton. Mr.. Hall. dwelt long time upon
the inquiries that had been made by
the defendant in this case as 10 what
constituted an insurable interest; so
that a. person might take out an insur-
ance policy. either the ordinary life
policy or accident policy, and have it
made TO some person who had an in
surable interest in the life of the in
sured. And it has developed by the
long array of witnesses that have been
examined in this case that when this
question OF insurable interest was dis
cussed. other questions were discussed
with it: and that it was simply the pre-
caution of the ordinary man in taking
out an insurance policy to use as col
60, q
these questions should be settled. And
you will remember when Mr.. Hodge
was on the witness stand and testified
that he had suggested that perhaps a
note might be prima facie evidence OF
an insurable interest to the extent OF
the face of the note that Harry L.
Hayward, the defendant in this case.
answered that he did not hardly think
that would hold water; but that it
should be made simply for the face OF
the note and the note should represent
an actual loan. And he had obtained
this information from other companies.
The speaker reverted again to the
Jury system and spoke of the inquls1-
ton and its methods of Obtaining evil
dence. That practice had long ago dis
appeared.
1T will not be claimed. gentlemen of
the jury, that the defendant in this
case has been subjected to any very
great indignity on the part of the state
or the officials of the county. 1t will
be claimed. however, thai those per-
sons who. either as accomplices or as
persons who have given testimony IN
eliminating the defendant in this case
were put through very much such
process, with the exception of the in
Fiction of the torture that was more
anciently the custom.
1T will be claimed and proved, 1
think. to your satisfaction, IL it has not
already been done, that BIixt. the con-
fessed murderer, and Adry Hayward
the brother of the defendant in this
case. were subjected to the
INDIGNITIES OF ACCUSATION,
and that they were pumped and cross
examined by the chief executive OF the
city. by the detectives, by the assist
ant county attorney, and after they
had made one statement, another was
taken contradictory of the first, and
perhaps a subsequent statement in
some respects contradictory of the first
two And then that testimony OBJ
tanned under such circumstances is
brought in here to convict the defend
ant in this case.
u do not know, nor do I care to in
quire by what authority the officers of
this city attempted to set up high
court of inquisition to subject suspect
ed citizens to this treatment.
IN the case of tie defendant. you
will remember the testimony of Mr..
Eustis. who was at that time the
mayor of this city when he informed
the defendant in the vaults of the Min
nesota Loan and Trust company, when
he was Jaking-I will use the word
taking in a charitable sense-when
he was taking the private papers of
the defendant in this case, that he took
them as mayor of the city of Minneap-
oils, and that he had a right to take
them. If that proposition be true, gen
tlemen, and the day shall ever come
when either you or myself may be sus-
pected of crime, we may expect the
mayor of the city, accompanied by a
crowd of detectives, to come to our
house to take away private papers, in
eliminating or not, and take them
away to be used as evidence against
us. The boast of the Englishman was
that every mans dwelling house was
his castle. and when he was within the
doors of his castle no one could inter
fere with him, except in a few excep-
tiOnaI cases.
The time to discuss and anaIyze the
evidence in this case, which we shall
be expected to meet, will come at Il
later stage of this case. [ wish to refer
incidentally TO some of the evidence.
in order that it may be shown what we
may confront and what. there Is
against the defendant in this case.
HAYWARD A GAMBLER.
Gentlemen of the jury, the defendant
in this case, Harry T. Hayward, has
sat here day after day in this trial
You have seen him. but you know
nothing in regard to his early history
except as has been developed here in
the evidence in this case. Nothing
detrimental to his character has been
addUced here, except the fact that he
is q gambler. l regret, gentlemen, that
the defendant in this case has ever
gambled in his life. I would feel bet
ter in standing before the jury if I
could point to a man whose character
was entirely untarnished. We could
not deny the fact that the defendant in
this case is d gambler if we would, and
We would not if we could. The fact
is before you. and it is a patent fact.
q can indorse every word that was
said by Mr.. Hal in his opening address
to the jury, as TO the debasing infiu-
ences of gambling. 1 would place
il alOn gside of intemperance. and saw
that those two curses by themselves are
what are dragging down and degrading
the young men in our city and in our
land today. But I want to call your
affection to the fact that Harry T. Hay
ward is not on trial for gambling. He
is indicted for the murder of Catherine
Cling, and the question of his gambling
is not pertinent to this issue only so far
as it may throw light upon his trans
actions with the deceased -