The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-02-16
THREE GREAT CRIMES.
The Stannard, Bishop-CObb and "Stut-
tering jack Murders.
CONNECTICUT'S MURDER LAW
Difficulties in the Way Of Conviction in
the First Degree.
NEW HAVEN, Conn, Feb. IA, 1879.

are not more astonishing than the convictions
which have been obtained in consequence. To the
ordinary mind. trained according to the methods Of
the common law and imbued with the old-fashioned
idea of murder, it seems inexpcable that Mrs.
Alexander and Mrs. Cobb should have been convicted
of murder in the second degree. sis it because they
are women and there is a public sentiment in Con-
necticut against bringing women to the gallows that
they escaped with Imprisonment for life p? is ques-
ton that is often asked outside of the land Of steady
habits The answer to this question is important
just now, in view of the approaching trial of the
Rev. H. II. Hayden, charged with the murder of
Mary Sannard; Frank Bassett the accomplce of Mrs.
Alexander, and Wesley Bishop the alleged paramount
and accomplice of Katie Cobb. These men-assum-
ing that they are guilty of the offences charged
against them and worthy of death at the hangman's
bands-may escape with life sentence as the
women escaped. because, under the statute, the
grade of the offence depends not entirely the ma
ture but in part ON the quantity of the proofs To
convict person of murder in the first degree in this
State it is necessary that the offence should be
proved by two witnesses. or by testimony equiva-
lent to the testimony of two witnesses. Where the
evidence falls short OF this legal requirement if the
jury is satisfied beyond reasonable doubt that the
accused committed the offence charged, they may
find verdict of guilty of murder in the second
the confederation of Bishop in the minds of the jury
fell short of the testimony of another witness. The
statute is likely to stand in the way of the conviction
Of the other persons awaiting trial in spite of
the weight OF the circumstantia evidence against
them and this fact gives to the three cases to
be submitted to the determination of a Connecticut
jury significance apart from the surprising incl
dents surrounding each OF the tragedies.
HAYDEN AND AVERY.
The first case upon which jury will be required
to pass is that of the Rev. Mr. Hayden, whose trial
begins in few days. 1t is in all it's surround
ings and it will probably be in it's denoument. u
second Avery Avery, like Hayden, a min
lister of the Methodist Episcopal Church. and in that
case in this, it alleged that criminal relations
existed between the victim and the accused To men
circumstanced there could be no stronger motive
to murder than the fear of exposure. 1t has always
been believed that Avery committed the offence
which laid to his charge. although jury acquit
ted him, and whether Hayden will escape where the
circumstances almost identical is question that
will soon be determined. Even now. after the lapse
Of nearly forty years, the Rhode Island murder pos
sesses an interest like that which gives an air Of
romance to crimes like the killing of Helen Jewett
and the beautiful cigar girl and others among the
causes cetebris of criminal annals Hayden trial
will long be held up companion picture to
Avery's, and the Madison and Tiverton murders may
in time become part of the legends of New Eng
land of which future Whittier may sing as our
Whittier sings of old John Underhill-a legend Of
two men of God of each of whom
a whisper of scandal linked his namo
With broken vows and II life of blame.
But apart from its resemblance to Q case that has
become historical and apart also from its own
romantic interest, the trial of the Rev. Mr.. Hayden
will attract especial attention because of the legal
difficulties the statute nerposes to the conviction of
murder in the first degree. The story of the crime is
already familiar in all its details to the readers the
HERALD and it only in the view of the their
relation the law above indicated that they pos
any peculiar interest now. Can it be established
upon the testimony of two witnesses or upon evil
dence equal to the testimony OF two witnesses that
the Rev. Ii. ii. Hayden killed Mary Stannard? Such
il the proposition the ate will be compelled to
tain in order to hang the Madison minister and with
this proposition kept in mind it is well worth while
to rehearse all the circumstances of the tragedy.
MARY STANDARD.
Mary Sannsrd was daughter of Charles Stannard,
a laborinlsm man, living the Durham road, in the
town of Rockland, about ten miles north OF the
village of Madison. According to the published
counts she young and pretty, but at twenty
three girl is not to be regarded extremely youth
full and my observations of female beauty in
New England lead me to regard all statements ON
circumstances, and "lived out" for living. 1t she
was fair she also frail and it is not likely the
minister infatuated with her. But he is accused of
being crmnally intimate with her and of having muir
deryl her. These accusations rest mainly the
tons of members of her family. I'VE all feel salts
fed said sister of Mary Stnnnard to a HERALD re-
porter after Haydens arrest that the minister
killed Mary. He wanted to hide his guilt / remem
Der the night when he made my sister yield to his
wishes. II was last March. There was oyster
supper, and Mr.. Hayden excused himself from the
company, saying he had headache. Then he went
back to his house. Mary working for him at the
time and it was then that he ruined her" All this
10. FIRST very Time ugly" MARY but standard hp not
She was already the mother of one illegitnate child
and claimed according to her sisters story. that she
was give birth TO another of which the minister
was the father. The post-mortem examination
showed this statement to be false and IL il was told
TO the minister at all IL must have been told for the
purpose of backmail. But while these facts do not
present the character of Mary Stannard in an
enviabie light they do not acquit Mr. Hayden He
may have believed Mary's story, and his motiv,A
tor her murder would be in every way strong as if
her allegations true. Besides she may have be
licved she was encente. and improbable IL
seems IL would appear necessary to the acceptance
OH her part of the poison which found in her
stomach on the suppostion that it was potion to
relieve her OF her trouble, although il she was "a
mere blackmaer she may have assumed that not
being in the condition in which she represented
herself to be the potion could not hurt her. The
question of Mary's knowledge of her own condition
and of her motives in representing ii III the way
sister says she did to Mr.. Hayden is an important
subject likely to prove one OF the most dramatic
features of the coming trial.
the MURDER
Assuming that the Rev. Mr.. Hayden Is guilty of the
offence of which he is accused, the murder, in tho
manner in which it was committed Is one of
of crime. II he killed her the incidents
OF tho killing may be narrated rs wildly
IL reported by eye witness. Meeting
her at the Big Rock where 1t is claimed he agreed to
meet her, lie must have told her that the poison
which he had bought at Middletown was the medicine
he had agreed to- procure tor her and urged her to
take II immediately. Speedy death is what lac sought
Tor her. But speedy release from her embarrassing
condition. IL she really believed herself to be in that
condition. could not have been her object. The re-
suits to be accomplished Ivy the potion she could not
wish accomplished in the woods. II seems ncccs-
sary to the theory of Haydcn's guilt that she
did not believe in her representations 10 her sister.
and took the fatal dose believing IL would prove
harmless Continuing To urge upon him the necessity
Of money to enable her to go away in the potion
did not work she may have threatened to expose
hm-cvcn started to go from him to where she
certain to die In tho Of others and denounce
him before she died Perhaps suspectng that
he had poisoned her she may have shown him her
purpose to reveal the poisoning. To hinder her he
hurled the stone Mt her which crushed in her skull
and then having become q fiend and being anxious
that death should come even more quickly
than he ut first desired he also cut 4
her throat like this is almost
too terrible for rcality--it il scene
tbo