The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1878-12-12


Hayden, charged by Mrs. Costello with hay
ing assaulted her, took place yesterday al
ternoon at two o'clock before the Police
Judge. The court room was crowded, and
it was very evident that Hayden had very
few friends among the audience. He failed
in his endeeyor to procure an attorney,
Mr. Lucien Baker and Mr.. Scott Ashton,
both of whom were applied 10, peremPtor-
ily refusing to have anything whatever TO
do with the case, and he therefore conduct
ed his own defense. He appeared very
cool, entirely unconcerned. and showed no
trepidation whatever when Mrs. Costello
gave her testimony, charging him directly
with having committed the assault upon
her.
MRS CosTILLo's STORY.
Mrs. Costello was first called to the stand
and stated that she went with Hayden to
his house about o'clock upon his repres-
entation that he lived near the house where
her daughter was staying; he told her she
was in a fancy house, and that if she went
there the inmates of the house would run
her daughter off and prevent her from see
ing her also that all the girls OF the house
had gone to the Opera House, and wouldn't
be back until late, and that il she would go
to his house she could watch and probably
see her daughter, when she went into the
house, and then she would have chance
to speak to her. She went into the house
with him and seeing nobody there asked
him il he had family and where they
we're. He said he had and that they
would be back shortly he told her TO wait
until he came back, and after turn
ing down the light he lock-
ed the door, put the key in his pock-
ct and went out After he had gone she
looked around and found all the windows
nailed down and the doors locked and
barred, prohibiting any opportunity OF es.
cape; she felt very uneasy and was afraid
something would happen TO her; at ll:SO,
or about that time, Hayden came back he
went to the door once 10 answer knock,
and heard him talking to come man, she
did not know who it was; before he came
in she heard him talking TO woman who
wac sweeping the sidewalk outside; when
he came in he locked the door and then put
his arms around her and drew her TO him
she told him to let her alone, that she was
a wife and mother, with husband and
children al home; he then unbuttoned his
clothing and putting his hand over her
mouth forced her back TO the bed and par
tally accomplished his purpose she strug-
gled, but was afraid all the time that he
would kill her, and that she would never
get out of the house alive, or ever see her
daughter or family again; he threatened
her and said II che should 60 out into the
street the police would take her up and put
her in the calaboose; after the attempt he
laid down and went to sleep, and she got
up and sat in q chair and walked the floor
until 5,o'clock, when she woke him, when
he took her to the house at the northeast
corner OF Third and Seneca streets and then
left her; the mistress OF the house, Stella
Forest, came down when she knocked, and
in response to her questions, said her daugh-
ter had been there, but was not there then
the mistress Of the house asked her il che
would come up stairs and she would give her
q bed to sleep in she went up stairs and laid
down but could not sleep; she was treated
in the very kindest manner by Stella Forest
and her girls. shortly after daylight she
went away and Stella Forest showed her
where the police station was.
MRS. CHUMBLEY's TESTIMONY
Mrs. Chumbley lives at 4l0 Seneca street,
one door west Of Hayden; on Thursday
night was waiting for her husband to come
home, and was sweeping out, about about
midnight this was, when she cav Hayden
20 into his house spoke to Hayden and he
said rather late to be sweeping out, saw
Hayden talking to some man at his door.
WHO HAYDEN WAS TALKING TO.
Emma Wilson, who lives in the rear OF
the lot upon which Hsyden's house stands,
says che saw Hayden talking to Oscar
Walton, of the Hyers Sisters troupe, about
11:30, at his door, az she ~ coming from
the Opera House.
A yIRTCoCs DoMICILE.
Annie Jenkins, who cleans house for
Hayden, in response to a question from
HAYDEN as TO what he had told her regard
ing the admittance of improper characters
into the house, said Hayden had told her
not to admit women of bad character to
engaged in cleaning up.
SAW HAYDEN AND A WOMAN.
Peter Kimmel, who lives one door east OF
Hayden, says he saw Hayden and a woman
going into Haydens house about o'clock,
but didn't think anything OF it. as he had
seen the same thing occur before.
sAw HIM ON MAIN STREET.
Mr.. o. B. Latin saw Hayden and 8
woman pass up Main street between Shaw
nee and Seneca streets about or o'clock.
r. n Couldn't recognize the woman.
DEPUTY DAyoREN's STORY.
Deputy Davoren described the finding Of
the package of cookies, by Officer Miller,
in Hayden's house, the same one Mrs. Cos
tillo said che left there. He also stated that
Hayden asked him to take him TO the Man
sion House, so that he could prove bv the
night clerk that he had been on watch from
IL o'clock that night until the next
morning. When taken TO his house to con-
front Mrs. Costello he began to arrange the
bed, but Dayoren stopped him and told him
10 let it alone. Here Mr.. Davoren read
he decription of the interior of Haydens
house BY Mrs. Costello, which had been
aiken down, and which was made by her
before the officers took her to the house,
SHE WENT STRAIGHT TO THE HOUSE.
Officer Yerkes stated that when he took
Mrs. Costello from the station house to
10 to Hayden's he told her to lead the way
md she went straight to Hayden's house.
HAYpEN's TESTIMONY.
HAYDEN says that he took the woman from |
he union depot up Cherokee street to
Third, and up Third to Shawnee, from |
ghich Irner he showed her where Stella |
forests house was. Re said he took the |
ookies to take care of them for her until |
he next morning. He said she told him
b at she knew her daughter was in house
{ ill-fame and that she wanted TO zee her
0 get some money from her. Hayden said
re procured the discharge of her daughter
rom the Continental Hotel because she
7as too Wild and too fond of the men. He
lso stated that his arrest was lob put
p on him.
WHEN HAYDEN LEFT WORK,
Henry Baldwin, night clerk at the Man.
ion: said Hayden left the house that night
fter midnight (by the hotel clock, which
, thirty minutes faster than city time)
nd returned shortly after six o'clock
be next morning.
ASKED WHERE HAYDEN LIVED.
Isaac Wells said he was working at the
orper of Fourth and Seneca streets on
friday morning, when the woman mean
pe Mrs. Costillo-l came BY and asked where
HAYDEN lived, and upon his pointing out
. near as he could she went up that way.
Hayden had this evidence introduced to
ubstantiate his statement that she first /
ound out where he lived then made up her
tory after that
WELLS CoSTRADICTEp.
Officer Yerkes stated that Wells told him |
hat after Mrs. Costello asked him where |
HAYDEN lived she turned and went down |