Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1877-09-17


as his father died insane.
The defense was opened by Gen.
Circuit, who read afidavits procured in
Cincinnati, in relation to the insanity of
Hayden's father, his uncle and other
relatives. The afidavits proved all
that the defense claimed. Several wit
nesses from Montpelier and vicinity,
who had been acquainted with Haydens
father, grandfather and great grand
father testified that some of them had
been crazy and all were of an excitable
and eccentric character Some of them
had been addicted to drink. The re-
spondents brother, G. ?. Hayden, deaf
man under guardianship. was put on to
the stand, but his testimony was of lit
tie Importance.
Several prison officials testified to
Hayden's condition while in Windsor;
they thought him insane at times. John
L. Edwards of Newport trstifed that
when he was assigned as counsel for
Hayden, he failed to get any clue for a
defense, and that Hayden repudiated
the idea of insanity. To test his sim
certify in his determination to plead
guilty" in the court before which
he was to appear the next day, Mr.. Ed
wards asked him to be in readiness the
next morning. When he called for
him, he found him nearly dressed and
| prepared to 60 to the court house. J.
E. Dickerman had seen some strange
actions on the part of the prisoner. Ev-
ldence was produced, showing the high
condition of excitement, that Hayden
was in, at the time of the reprieve of
Phair by Gov. Fairbanks.
Here the defense seemed to be practi-
cally closed. The prosecution, to prove
his sanity, brought on several witnesses
| from Derby Line who had been acquaint-
ed with Hayden for some years, and
who saw him on the day of the murder
they all thought him sane. The ply.
sicians, also, who saw him on the day
of the murder thought him sane. The
superintendent of the Brattleboro Asy
lum, who examined Hayden last Sep
TENDER, did not then think hin
unable to appear in court. DR.. Brown
of ST. Johnsbury, who examined III. will
DR.. Draper. thought his then sickness
feigned and that he was not insane
DR.. Brown of Concord made partlcula,
examination of Hayden's eyes and brain
found him excitable, but did not thin
him insane. To questions put to thes
, experts, in cross examination, the fac
fell out that they did not think Haydel
|, insane at the time of the murder.
The Studdards of Stanstead hote
testified that Hayden arrived there o
n the 30th, the day before the murder
that he drank several times during tina
n day that he went to Derby Line an
!. returned, and as they supposed, retil
ed between ten and eleven in the ever
:. ing. Hayden stated to one of them tn;
he had come from St. Leon to kill hi
wife-did not want to kill himself. |
the morning, Hayden said he had bee
writing all night, but no manuscript {
!, signs of writing could be found.
After several witnesses had been r
. called to give further evidence, whic
: proved to be nothing new, the case W;
closed, and the court ordered the coul
sci to proceed with the argument. '
D. Crane opened the argument for Il
:, prosecution, and briefly presented Il
g case, without going into the evidence
: detail. Gen. Circuit followed in beha
" of the prisoner. He took up the who
= case, and for nearly two hours earnest
- and eloquently plead in behalf of the a
- cused man. Mr.. Ballard then followe
70 and if there was anything left that cou
be said to make the evidence more clea
or that would raise the belief in t
Q minds Of the jury that the prisoner W
insane, this lawyer said it. Hon. HEM
" Royce of st. Adams, made the closi
argument for the State, which was We
o able, and lasted two hours.
~ The courtroom was jammed full, a.
~ the heat was almost overpowering, VIII
nc the Judge began his charge, on Frid
70 evening. at o'clock. Hayden look
I care-worn and excited. He kept |
ny head down, but was seemingly payi
Gu strict attention to the remarks of t
~ Judge. Judge Powers occupied neal
al an hour and half in delivering t
." charge to the jury. He explicitly rel;
~ ed to them just how the evidence of
ns sanity was to be viewed and weight
ua the responsibility of the prisoner for
I've acts just how far the plea of insan
ef should have weight. He explained
nc different grades of murder. and most
no partially and elequently reviewed
whole evidence as presented. In c.
~ clusion, he aimonished the jury that
n'o on neither side should they permit sy
ne' pathy to interfere with an honest q
lne conscientious verdict; that his work a
ne that of the counsel was finished.
go left the case with the jury at $50, wi
reu the Court adjourned to reassemble at
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