The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-09-28
AFTER MR.. HAYDEy,s DISCHARGE.
What the senior Counsel for the state says
About the justices Action.

NEW HAVEN, Sept 26.-Thc lawyers for
the State in the examination Of the Rev. II. II.
Hayden. accused Of tho murder Of Mary Z.
Stannard at Madison. snid to day that the min
lister would b. arrested on bench warrant and
brought before the Superior Court. though tho
time for such action was not yet fixed.
The Hon. Lynde Harrison. the senior lawyer
for the State. accounted for HE sudden with
drawa from the cuse yesterday afternoon.
which was followed by Mr. Hnyien's discharge
by saying that " counsel for the Stnte wer" m
formed by prominent and truthful resident VI
Madison that three days after the trial wns be-
gun, and before the defence had offered any
evidence. Justice Wilcox said thnt there was no
evidence whatever against Mr. Hayden. and he
Mr.. Harrison was advised TO abandon the
case then and there but after consulting with
his associate and the town authorties. he con;
70 say. should he chooss 10 -, on tn" stand.
MIR. Harrison knew that Justice VII * told the
Grand Juror at the time OF signing TN, Nar, ut
Tor Hayden arrest. that he sat under Nj. Hay.
den's preaching tho Sunday before. and heUrd
him preach very good sermon; and the jus
guilty. and ~ would rather sign HE own death
warrant than sign that arrest warrant.
Mr.. Harrison quoted the cnSe OF the Rev. l.
X. Avery, tried in 1881. in Rhode Island. for
the murder of Sarah Cornell, and showed thnt
In that case as in the Madison case o'h The
and Just after Mr. Avery's expected discharge
h. was rearrcsted and tried 10y u mag istrat" not
Mnson. and bound over Mr.. Harrison limited
that u like result might he reached were Hay
den tried on the same evidence before Justice
Mr.. Harrison has himself been very promi-
neut in the Masonic brotherhood.
Mr.. Harrison further averred that Justice
Wilcox did not keep faith with tho State In that
he promised counsel at least a days ADJOURN
mcnt to allow time e secure reoutiing testi-
mony. In addition 10 the factSme ntloned above.
Mr. Harrison. 10 show that the Justice had his
mind made up long before IN" closr Of the trial.
instanced the fact that the Justice. in reviewing
the testimony yesterday, read what be had 10
saw from paper he held in his hand. includ-
ing his closing sentence that he wished he were
rs sure Of heaven and eternal .licity as he WINS
Of MIR. Hnvdcn's innocence. No one hut my
associate" Mr.. Harrison said, knew at the
time that we were going to withdraw from the
case. Yet the Justice was all ready with his
To show that he did not ask for. nm adjourn.
ment tn ftitter away time, Mr. Harrison said
that yesterday afternoon. after leaving the court
ured the wood Hayden averred that he hand ed
in his swamp lot. where he says he was at the
time Of the murder. TIE defence claims that
HAYDEN was at this work nearlytw hours. Mr..
Harrison found some seventy feet of wood.
numbering 1853 sticks. Half Of II was thrown,
for test. by one of the party rs far ~ Hayden
asserts thai he threw il. and il took three and
q half minutes. The State also contends that. II
time were given. more important rebutting as
well as some original evidence could be Sc
Both lawyers were closeted with States Attor-
ney o, II Plat for n long time this morning.
and during the day Mr.. Harrison consulted
assuring him that the State was entitled to the
before death declarations Of Mary Stannnrd
and these. rs made to two different persons.
would go far to show motive that Mr.. HAYDEN
might have for committing the crime that he
was accused Of. On the other hand. leading law
yers say that the Justice ruled correctly in eS-
Guiding these declarations. This difference OF
opinion between authorities invests the case
with additional interest.