The New York herald., 1879-10-08
NARY STANDARDS MURDER.
Rev. Herbert H. Hayden Charged
with the Crime.
A BIunder in the Indictment and a
Struggle Over the Jury.

NEW HAVEN, OCT. u 1917
The trial of Rev. Herbert II. Hayden for the mur-
der OF Mary E. Stannard began in tho Superior
Court this afternoon. Worry little was done. how
ever. and all the indications point to long con-
test. Tho court held in the Common Pleas
court room. Admission is by ticket. and the num-
Der limited to the capacity of the spectators section
Chief Justice Park and Judge Sanford were on tho
bench. Hayden's counsel are George H. watrous,
President of the New York. New Haven and Hart
ford Railroad; l.. NJ. Hubbard. or Wallingford, and
g. +. Jones. of Hartford.
For the State the counsel arc Judge Lynde Har-
rison. who prosecuted the in the Justices
Court; Edmund Zacher. who, in addition to
being associated with Judge Harrison in a law
frm. is a German instructor at Yale. and ex-Mayor
Waller. of New London. The latter is a skilled
criminal lawyer and as States Attorney conducted
the prosecution in tho Cobb Bishop poisoning case
at Norwich. The personnel of the legal talent ar
rayed in the s important; for it is generally
admitted that the defence relies largely for
upon the exclusion. ON technical grounds, of some
Of the evidence most damaging to Hayden.
HAYDEN COURT.
Hayden's manner is that of q man apprehending
no unfavorabe termination of his case He is
bust in FORM dressed plainly in black with clerical
white tie and has rather pleasant face blush gray
eyes. dark hair and tuft Of chin whsker. Before
tho proceedings he sat chatting with his wife and
lady friend laughing frequently. and might readily
have been mistaken for simply spectator instead OF
man with his life hanging in the balance Mrs.
Hayden is a fragile little woman. with face
marked by q look Of deep anxiety. Through
all tho days of her husbands accusation.
hearing and long imprisonment she has
devotedly stood by him. In the opening Of the pro-
ceedings 1t agreed that the State should meet all
the expenses Of the accused. he being without prop
ofaA <I,a<
they be given temporary possession for submitting
to out OF town expert OF the letter held by tho
State. written by Mary Stannard to her sister, and
covering one addressed to Hayden. advising him of
troubles growing out OF improper relations with
him. Judge Harrison, tor the State, objected. on
the ground that the letter. being in pencil. tho
writing might be obliterated. The defence with
drew the request on the agreement that the expert
might here at the States expense and examine
the letter while in the Sherihs hands.
r DIuNDER DISCOVERED.
une Jury 5elng caed .h Maynem WAS vas put TO pGs
covery was made that bad clerical error existed
the document. This was in the second count, al
leging poisoning with arsenic and by error
the allegation was that Hayden administered poison
to Mary f. Hayden" when the correct road
explained that the did exist in the original
and was q mere error of the copyist The defence
and intmated that the State did not intend to rely
upon the second count. which alleged poisoning
Killing With knife. The second he Claimed. was
brought in mainly as handle upon which to hang
certain evidence. After conference the judges
directed that the enlpanelling of the jury be pro-
ceeded with. OH the understanding that ruling on
the motion to amend the indictment would be given
tomorrow.
EMpANELLrNG THE JURY.
The jurors were sujectod to = rigid examination e,
middle aged man. q market gardener. residing in
Hamden.. He had considerations scraples sgainst
capital punishment and denied that he was related
to Hayden or had been talked with by Hayden's
friends. Augustus Sanderson o farmer evidently
fri i'm lQ he
Thomas Cannon. an Irishman. haiing from Hamden.
was challenge by the I'D defence and .s,. legal
heard to whisper to his neighbor. ''The defence
don't propose that Catholic shall sit in Judgment
jurors. each and all of whom claimed all the
tiAl qualifications for jury service challenged
the fourth retiring amid u smile provoked by
statement of the various vocatons he had followed
during the past twenty years. 1t appears that he
had been sort Of Jack OF all trades and had. worst
OF NIL. served on an oyster ground committee Will
lam Brotherton. retired storekceper of Milford,
appearing elderly gentleman, who admitted reading
newspaper reports Of the but with only passing
interest. Another good juryman was secured in the
person of Joseph .. Kane. OF Naugatuck, who was
accepted after being submitted to close questioning
as to whether he had not expressed an opinion just
before being called into tho court room Franklin
L., Davis, young farmer of oxford. was
next accepted. and the sixth juror was
Thrall. quick speaking young man, who
claimed to have been busy with his work that he
had only read of the i'll his local weekly paper
David b. Hotchkiss. specialized farmer OF Prospect
was accepted as the eleventh juror. He was exceed
ingy cautious III his replies when under examina-
tion He admitted having had some sort of an opin-
ion when the first reported, but when
counsel inquired "Are you sure you was ever de-
ivered of t?" looked surprised. Three other jurors
rejected, two having formed positive opinions,
and this exhausted the panel of eighteen.
Counsel for tho defence. after remarking that it
might be impossible to fill the jury out of the
twelve additional jurors to be summoned. offered
motion that fifty be summoned to be drawn from
the regular lists of the county. This he admitted
was unusual. but 1t would be better than to incur
risk Of exhausting tho additional list and being
fessional jurors The Court ruled that there could
ing the number to twelve. The Sheriff in
she Court then adjourned until ten o'clock to-mor
row forenoon.
The trial Is o general subject Of discussion in
town tonight. and opinions vary widely to the
probable action OF the judges amending tho de-
know something Of the inside of the that il
this defect cannot be remedied suggested tho
result may be quite damaging to tho interests Of tho
prosecution. II the amendment is not agreed to
1t Is stated emi-oiiciay that the Indictment will
be nolled. This can be done. rs the jury had not
been empaneed when the defect was discovered.
and the accused therefore had not been placed in
peril of his life. Immediately new Grand Jury will
be summoned to find another bill and Hayden may
be held on bench warrant pending their action.
This could all be done this week and the trial DO
proceeded with on Tuesday next.