The New York herald., 1879-10-09
HAYDEN'S JEOPARDY.
NEW GRAND JUaY-FArAL DEFECTS OF THE
SECOND COUNT. ~:

A NEW INDICTMENT TO BE PREPARED by A
NEW GRAND JUaY-FATAL DEFECTS OF THE
SECOND COUNT. Il.w
New HAVEN. Conn.,, Oct. s. 1879.
The trial of the Rev. II. H. Hayden for the murder
of Mary l.. Stannard goes until Tuesday next.
The defect in the indictment discovered in the open
ing proceedings yesterday has been decided by the
Court be fatal and the .nt is that the prosecu-
tion has adopted the foreshadowed i'll the
HERALD this morning. yl..t.-t.sf
Promptly on tho opening of the Court Mr.. Waller
for the State said that after careful examination
of the matter of the clerical error in the second
count. substituting Mary Il. Hayden for Mary f.
stannard the State forced to the conclusion that
occurring as it did i'll the opening lines OF the
count it was material and fatal. Therefore the.
ton for u correction would not be urged. and,
further, the prosecution not prepared to go to
trial on the first count aone alleging killing with o
knife.
Mr.. JONES' for the defence. thought 1t possible his
client might assent to an amendment of the defec-
tive count. but 1t is grave question whether he
could waive his constitutional right. In New York
case where by agreement a trial had before only
eleven jurors, the Supreme Court of Appeals set
aside the verdict on the ground that tho jury was
incomplete. The Connecticut constitution provides
that Grand Jury alone shall present indictment.
and it is question whether court has any power
first count.
Chief Justice Park after characterizng the defect
as fatal said that the Court could neither amend the
indictment nor the accused waive his rights There
fore the motion must be denied.
THE INSTRUMENT DEATH
Judge Harrison for the State. represented that the
prosecution could not go to trial safely u single
count alleging killing with knife, for consulta
ton with the medical experts it learned that
while the probabilities were that the knife COM
passed tho girls death. there remote possi-
bility that before tho knife welded she dead
bpfO adj mi
istered under the pretext that it "quick medi-
cine to procure abortion. In all the cir
cumstanccs, therefore, the prosecution had decided
to ask that tho indictment be nolled ana a now
Grand Jury ordered. to whom a fresh information
might be presented new bill could be found and
be in readiness for the trial to proceed
Tuesday next.
Mr.. Jones further argued against nolle, claiming
that the first count was sufficient and the second
really inimateria to the State, but Mr.. Harrison
tored that the prosecution best knew it's case,
and did not propose to so to trial without all poss
bic advantages. Having the first count alone, and
tho evidence indicating the possibility of death by
arsenic before the knife used, doubts might
arise III the minds of jurymen sufficient to cause
disagreement at least. The prosec ution he said,
proposed to ask in the new bill third count alleg-
ing death by both arsenic and the knife, that il
the accused is guilty OF charge the other he
cannot escape on any mere technical point
Chief Justice Park terminated the controversy by
stating that the prosecution had intimated rea-
sonable doubt to the of death. and the
in the indictment being purely accidental, the Court
must acquiesce in the motion to nolle.
PANEL.
Twelve additional jurymen who had been sum-
moned were called and with the six accepted yester.
day give panel OF eighteen to select from when the
is reopened. AS all will be examined those al
ready accepted were cautioned not to render them
selves ineligible by reading or talking about the
or expressing any opinions.
The Court then adjourned to next Tuesday at two
?. VI. Tho new Grand Jury will be summoned to-
day and will meet tomorrow to act upon the
information which will be presented by the States
Attorney.