The New York herald., 1879-11-06
HAYDEN and ARSENIC.
Trying to Edify Jury by Means
Of a Microscope.
LEGAL TILTIN G..
Mary Stannard's Assassination
Slightly Touched Upon.

The Hayden trial was resumed this morning. The
Testimony in the early part of the day was rather
uninteresting mass of figures regarding distances,
&C.. in the locality Of the murder This afternoon
the testimony again turned toward the arsenic fea
ture of the case and quite interesting discussion
grew out of the proposition that the jury examine
microscopically samples OF the most notable ar
senics in the The cross-examination of Syl-
vanus Butler. civil engineer. who surveyed the
locality of the murder continued ali the morn
ing session. His map was exhibited. suspended
against the wall. and in explaining it Mr.. Butler
used long pointer. He described the Hayden
house white painted building. with an l. on the
south side Witness also described at considerable
length the several places from which Hayden could
have been seen from the house on going to OF re-
turning from the wood lot the day of the tragedy.
At this wood lot, when the survey was made, about
three weeks subsequent to the murder, there were
several piles of wood and several spots from which
piles appear to have been removed
HAYDEN's MOVEMENTS
Hayden claims to have been engaged in this work
1T the hour of the murder. An important admission
was obtained that Hayden to the country from
the wood lot to the Big Rock. where Mary Stannard
was killed, would have to open space visible
from his own house and that of Luzerne Stevens,
both of which were in commanding positions on
elevated ground. Crossing this open space he
would reach q much travelled road. and crossing
this would pass through piece of woods, would
cross another road and there plunge into other
woods and follow footpath to Big Rock. Hence
this offered three chances of being observed.
direct route from the wood lot to Big Rock would
cross but one road, but Hayden would pass through
the cornfeld on his premises and would have to
cross bad ledge. Near the Big Rock Mr. Butler
discovered partly dried brook with only occasional
pools of standing water. This of interest as
showing that water could have been obtained near
at hand be used by the girl to assist her in swa
lowing the fatal dose of arsenic. The nearest
brook flowing constantly was several hundred feet
counsel now stepped forward and. watched by the
audience with rapt attention pointed out the route
he took on the afternoon OF the tragedy. 1t was
shorter route following the road but little dis
tance and then following cross paths through the
nary examination Hayden testified that he WENT to
the wood lot the afternoon of the
murder to throw out some wood from wet place
on to dry ground. where a wagon could reach it. On
redirect examination to-day Mr.. Butler stated posi-
lively that, while wood appeared to have been
moved. there was no place in the wood lot where
wagon could not easily go. Mr. Butler further tes-
tihed that there was II way by paths from the wood
lot, passing Burr's barn. to the Big Rock the dis
tance between the last two points named being 3,46
feet. Much of this distance could be traversed
wholly out of sight of the houses, and in pass
ing one of the roads, on which his house was
situated, Hayden would have been concealed from
sight by slight turn of the road. The topography
place where the body of the murdered girl
found was described with great particularly.
WHERE THE BODY WAS FOUND
1t was also shown by this witness that the body Of
the murdered girl was found lying on slopng
ground. The object of this evidence to prepare
against possible claim that the murder might have
been done elsewhere and the body placed where
based upon the direction and distance in which the
blood from the CHASTITY throat wound flowed. An
other showing was made that person at the spring
alleged to have been arranged not visible from
the lower windows of Hayden's house. Mrs. Haydt
had testified that she his carriage by the spring
when she was sitting at q window.
The next witness was Addison q. Mckee, the Mid
detown druggist from when was purchased, by
Wholesale. the arsenic sold by druggist Tyler to
Hayden. He is blonde young gentleman, with light
curly hair and mustach he dantily waxed to poinfed
ends. He testified that in May. 1873. he bought two
pounds OF arsenic and sold part of this to Tyler and
bought more until November; the sale to
Hayden was in September; the November purchase
was of five pounds and witness confident that
during 1878 he bought no other lots. although he
occasionally bought goods from exchanged them
with neighboring druggists. Mr.. Mckee
tremely careful about this evidence. occasionally
resting upon his hand. in the conventional stage at
titude OF profound thought. The cross-examinaton
developed no new facts.
MIcRoscopIcAL STUDIES SUGGESTED.
Mr.. Waller for the State then remarked that the
prosecution pursuant to suggestion to that effect
made last week. was now prepared to bring in
microscope and exhibit to the jurymen the micro
scopic slides of specimens of the notable arsenics
In the The proposition to exhibit from
three to five slides TO each juryman the State first
conducting the exhibition and the defence to do
Hterward.
Pending the preparation of the apparatus a re-
taken and Professor Brewer. OF Yale Col
lege, came into the court room bearing medium
sized mahogany box studded with brass screws,
containing the microscope and smaller box,
tanning drawers OF microscopic slides. The insru.
ment set upon the table and arranged to
magnify 200 diameters. Beside it sat a lamp,
whose rays, by system of rejecting glasses. were
concentrated on the underside of the glass micro
scopic slide. The observer looked from above.
through two tubes, Joined at an angle of about
twenty degrees. At the request of Judge Harrison
specimens selected as lows:-"Colgrove"
arsenic purchased ut the store where Hayden bought
his arsenic; Mckee" asenic, from the dealer who
wholesaled to this store; stomach" arsenic. taken
from the stomach of the murdered girl: "barn"
arsenic found in Hayden barn. which he claims is
the lot he bought but which the State holds to be
LEGAL POINT.
The counsel for the defence after close consulta-
ton during the entered their protest against
The experiment Mr. watrous said that while there
was no desire to withhold anything from the jury
the defence must object, on the ground that the
suits obtained by inexperienced jurymen could not
be a perfect those obtained by experienced mi
croscopists. Mr.. Watrous believed that the jury
would be no further enlightened. and in conclusion
claimed that IL this testimony OF the eye went in
the expert testimony which has been taken must be
thrown out. for expert testimony is admissible
when evidence of the eye is attainablc.
MIR. Waller replied that the State would use every
possible means to detect the murderer OF poor Mary
btannard. and in this work the people OF the State
would countgnance them. "The prosecution be-
heves IL has good grounds for claiming that tho
hnding of arsenic in Haydens barn ia merely "A fab
ricated defence. We have ondeavorcd to prove so
by our expert testimony, but the defence haa pur.
sued a course ia return which compols us TO 90
further. Our experts told what the microscope re-
vealed The defence took arsenic and pssss1 q,
around before the unaided eyes Of the jurymcn and
when talked OF microscopes they produced n
pocket microscope magnifyng but twelve diane
ters-a pocket playthngl With this instrument of
Professor Brewer of 300 diameers. the jurymen can
convince themselves whether our experts what
they say they did. THIS is admissible testimony
and we claim the benefit of it,"
. Mr. Jones. for the defence, urged that the exhibit
lion would consume many hours and that more real
good would be accomplished in the case by other
kinds of testimony for instance such as taking the
jury to the scene of the tragedy III this arsencal
exhibition insisted upon Mr.. Jones believed q
fair plan would be TO stereopticon, that all
the Jurors might see the crystals alike.
Mr.. waer--If you are anxious to have the jury 20
20 Rockland arrange 1t; and, as to the stere-
optcon have discussed suggestion of that kind,
but not certain as 10 it's practicability.
Chief Justice Park remarked that the principle of