The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-11-27
Singular Result Of the ''Cheek Print
Investigation.
CHASTITY OBJECTS IN COURT.
A Diagram Of the Clergyman's
Brogan.
PECU LIAR Cities

ton the indentations found on Mary STANDARDS
check, and which the State claims correspond with
nails in the left heel of Haydens working brogan.
The State proposed to present the testimony by ex-
perts and diagrams. but tho defence insisted that
the cheek and the skull to which it had been at
tached be brought into court in order that the jury
might determine by comparison the correctness OF
the diagrams. The State earnestly resisted this
an unusual proceeding. but under ruling of the
Court Professor While finally brought into the
court the CHASTITY object preserved in alcohol
He was ordered produce tho jar from his box but
meantime tho lawyers had had conference with
the judges during recess, and an agreement was
reached that the State would abandon this much
talked of feature OF its case. This created decided
sensation. and the pursued is claimed by
Hayden's friends to have been prompted by fear
that the evidence was so fimsy that more harm
than good would result to the prosecution. One of
the counsel for the State said to the HERALD repre-
sentative after adjournment that the withdrawal
was solely on grounds Of public policy. The ex-
perts who have been preparing this feature
much enraged against Mr.. Waller and claim that he
was afraid when he had no reason to be.
CURIOUS ACTION THE PROSECUTION.
This is the second feature abandoned by the State
on similar alleged grounds, tho first being the test-
mony to arsenical action on two human stomachs
experimental on. In this instance the State with
drew the testimony rather than to disclose from
what bodies the stomachs had been taken. 1t is as
certaned upon undoubted authority tonight, how
ever that there Is possibility that the action by
the prosecution this afternoon may be reconsdered
and reversed. In making the agreement for eimi-
mating the heel print testimony Mr.. Waller was
careful to state that he acted without opportunity
for conference with one Of his associates,
Judge Harrison. who is i'll at his house in
Guilford. Judge Harrison managed the prep
aration of the case before Mr.. Waller came
into it. and attached much importance
to the testimony to-day discarded. The latest
understanding is that Judge Harrison will be con-
ferred with before the court meets next Monday.
and that there is probability that the prosecution
may decide to withdraw from the arrangement to-
day made Something may depend upon public
sentiment ascertained the general subject and
as the propriety OF bringing the skull, and cheek
into a court ROOM Mr.. Jones. Of the counsel for
the Defence has been advised of the possible
Of the States action. and claims that it would be
right for the defence to resist the breaking Of the
agreement. especially it was made in open court.
Upon the opening Of the morning session the State
called dozen men, residents Of Rockland and vicin-
ity, who accounted for their presence on the after
of the tragedy This still further reduced the
list Of residents any one Of whom might have boon
the man (supposed to be Hayden) who seen
crossing road and going in the direction of the
place of the murder In the questioning OF an old
gentleman named Bella Davis 2 spicy tilt between
cution took occasion to nit back at the insinuations
that the State was unnecessarily occupying time
with the trial. Mr. Davis. testifying that he was not
in Rockand that day because he had no business
there. Mr.. Watrous inquired sharply. "Do you ever
go any place where you don't have any businessr'
A. Yes, sir.
o. Well, for instance. how long have you been
around this court room-since the trial began? A.
o. And your pay and mileage to give this impor-
tant testimony has been SO 40 per day? A. Yes, sir
Mr.. Waller--Can you tell us how long you would
have been held here If the by the
defence had been brief they have been brilliant?
A. Bout a week. Laughter.) -.
you're better expert than we expected, rejoined
Mr.. Waller, with smile.
Mr.. watrous-And how long il the State had con-
fined its testimony to matters OF material interest?
A. Don't know. sir.
THE MYSTERIOUS MARKS.
court officer entered the room with . frame
about three feet square, upon which was . covered
drawing. DIR. J. b. Treadwell, of Boston, who two
weeks ago gave interesting a lecture on blood
corpuscles in connection with the examination OF
Hayden knife, also entered the court room and
took his seat in the witness stand. His testimony
was substantially as folows:-On the 18th OF sep
Medical School, the left cheek OF Mary Stannard
moved from the skull and preserved in alcohol;
examined the check, reached certain conclusions
and Expressed them; again on the 18th, 18th and
10th inst. and also yesterday made further ex-
face was detached. but during the examine
tions this month It WAS attached to the
scalp taken from the head Drs. White.
architect. present. my examination Of the 18th
inst. confirmed the opinion I had previously
formed; Drs. White and Carleton again present
the 18TH and the 10th they and several others.
including Drs. Ellsworth and Mayer, of Hartford;
and merely looked on they were not present ct the
examination yesterday.
o. Which OF the examinations was the most sat.
isfactory to rs expert in reaching the conclu
sions you say you have come to? A. That the
3Oth OF Septemb Der. which the earliest.
q. From that aud subsequent examinations what
conclusion did you como to regarding the facet
A. That boot heel or shoe heel had been pressed
upon it.
q. Have you any doubt that the marks pro-
duccd by the pals In boot shoe? A. have not.
Mr.. Waller produced photographic print. nearly
life size of the head of young girl. upon tho left
cheek Of which had been drawn. for purposes Of
illustration. the outline of heel and the nail marks.
Wi'ncss-These marks were made under my di-
rection; the general conformation the cheek re-
semblcd that of shoe heel, the round side or back
of the heel being toward the ear; one side of the
heel rested on the cheek bone and tho other on the
jaw bone.
O. Were the marks az a whole on the same places
the cheek that picture? A. Substantially
the whole of the marks would fall within the heel
outino there were separate points. approaching
squares in shape the angles Of many being distinctly
visbe traced them entirely around on the 30th OF
September. with the exception OF some toward tho
upper part OF the cheek bone: there then in
distinct outline; going thence toward the nose
there was a hiatus Of about an inch IN the CON
tnuanco of the marks; just back of what would be
the front of the heel were some other marks run
ming with some regularity. and in the central OF
the heel were marks falling in line; there we're five
lines of nail marks in this area. but everywhere
distinct
O. Can you account for the absence OF marks in
the hiatus above referred to? A. Where there WAS
the depression between the cheek bone jaw bone.
she hesh not having bone underneath to offer resist
did not receive impressions; the other loss
of impression near the nose is due to tho Same
O. Why did you think the indentations were made
BY heel? A. The nail marks, the shape of the
marks and the general characteristics.
rps AZ
after death disease before death? A. could not
conceive it possible that they could have resulted
from either.
POISON
q. IL person poisoned in May with poison
ivy and died IN September could such marks M
shown on the cheek have been produccd2 Ut is
testified that Mary was so posoned.) A. No, SIR.
nature would not have done such work.
q. In your examination the 18th, 18th and 10th
inst did you find all the marks first seen. and were
there any differences? A. found that the general
outlines of tho heel lost TO great extent. and