The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-11-26
HAYDEN'S TRIAL.
A Deaf Witness Who Saw a
Man in the Woods.
THE MYSTERIOUS BARN" ARSENIC.
Proposition to Eliminate the Suicide Tes-
timony from the Case.


The court room was thronged at the Hayden trial
to-day. Two of the States most important wit
nesses were examined. The first was called to prove
that Hayden. on the eventful afternoon when Mary
Stannard was murdered, was seen some distance
from where he had claimed to be at work. but the
identification was far from satisfactory, the wit
ness had but momentary glance Of the person be-
lieved to be Hayden. The other witness General
Wilcox, exChief Of Police of Middletown. who gave
important evidence regarding the mysterious barn"
In substance it was that this arsenic was
not in the place in the Hayden barn the 14th of
September. where Haydsns friends claimed to have
found it ten days later. Efforts made to weaken
the evidence Of both witnesses. by showing that they
never spoke until recently Of the matters to which
they testified.
MRS. WARDS TESTIMONY.
"Amelis Ward" called the counsel for the State.
and the first witness Of the day assembled the stand
She small wiry woman. Of forty odd years.
plainly but neatly dressed. and bore in her hand
japanned tin trumpet Her eyes had that
strained. earnest expression often observed with
people who extremely deaf Mr.. Waller under
took the difficult task Of ques honing Mrs Ward. He
stood by her side and spoke with elaboration
neutrality-suspicious." the first interroga-
tory and the ready answer showed that the witness
was quick and intelligent. She replied in monoto
nous tone, except when question was repeated.
p.
liminary questions were just completed whom the
singularity the the witness stand in
tensiaed by the loud ringing of the IRE alarm bell
o building adjoining the court house. The jury
bent their energies to hearing the witness and the
witness to hearing the lawyer. Finally the bell be-
came silent aud Mrs. Ward continued
"a little after one o'clock on the day Of the muir
der left my house in q wagon and went north.
[The house pointed out the map and wit
ness. tumblinG off the platform through a misstep
in reading the map was saved only by the hasty
clutch of thelawyerl The road passed by Hayden's;
went north from there half mile. arriving at half
past two.
''Did you see anybody on the roadY'
eyes: met Benjamin Stevens south Of Rockland
Centre and near hiA own house; he was going
home"
WAS 1T HAYDEN?
She described meeting other persons whose move
ments are OF no interest in the Next she
reached the decisive part Of her testimony. Resting
the pointer at place the map near the forks Of
the road. just above Hayden's, she said:-"I
there when got glimpse Of a man..
Mr. waller-I WIZ now take the pointer and run it
along the road to the point where you saw the mon.
Mr.. Jones-oh. objects that is not fair
Chief Justice Park-We think it amounts to the
moving of the pointer by the witness herself and is
The witness indicated place on the road about
four hundred feet from the place where witness
in her wagon at the time. Continuing she said: -
II only had glimpse of him; he was moving across
the road. fThe direction toward the of the
| tragody.] could not tell whether the man tall
| short; he wore no coat; cannot describe the
| black; don't think could recognize the garment
now; did not sec the man afterward."
''When did you first speak about this?"
''It was after the arrest of Hayden"
The commencement of the cross-exsmination pro-
| voked q smile MIR. Waller had been standing. Mr.
| Jones adopted the easier plan. He brought around
chair and planted himself beside the Witness and at
ar nsa Mr.
Jones asked:-"You did not testify. believe. at the
"No sir; said nothing outside my own family
until about the time OF Mr. Hayden second arrest"
"If you thought your knowledge affected the
why didn't tell OF It at the time of the first
II don't know; the first outsider told 1t to was
Deputy sheriff Hull; have also talked with Judge
.:You also talked with two men. Mr.. Perry and Mr.
| Eyes; but do not remember what I said to them;
may not have exactly understood what they asked
me-"
counsel endeavored to shake the testimony of the
witness to seeing theman on the roadway by asking
This she was unable to do and for the state
| came to her aid with objection, that she had not
pretended to identify the man she saw by his cloth
going in certain direction and that he wore no coat
| "Did he have pants on? continued Mr.. Jonos.
siuess If he hadn't would have been apt to have
| noticed it." (Iaughter).
could you see the person below the hipsr
/
"will you indicate on my log how far down you
could see?'
with this the witness hesitated and the Indication
counsels leg was not pressed.
| "How do you know 1t was u man ut alp
IL saw enough TO convince that 1t was . man;
| THE ..BAaN- ARSENIC MYSTERY
John Wilcox. who Chief of Police in Middle
town ut the time of the tragedy testified that
employed by the State authorities to assist in the in
vestigation. Eleven days after the murder no Wis
listed Hayden's premises and searched the house and
barn for blood-stained clothing. The witness
| then Intercepted carefully to show that ut this
time the tin box of arsenic subsequently found
not there. Nothing was publicly stated about this
arsenic until Hayden told of it himself in the pre-
limnary trial ten days later. The theory Of the
State is that this box secreted tho about
| the time OF Haydcns testimony and after Wicoxs
scarcely for the purpose Of accounting for the arsenic
which Hayden had bought W Middletown on the
the evening OF Hayden's testimony on stringer on
the south side. partly covered by hay. Continuing.
ers (which usually supply in barns the place Of
| shelves), using both his eyes and hands the
south and sides OF the barn; "Thore was tin
box there anywhere"
| THE SUICIDE THEORY.
On the opening OF the afternoon session Mr..
Waller, for the State remarked that the prosecution
had prepared class of testimony occupying two
three days. which would show tho fallacy of the
theory that Mary Stannard might have committed
suicide. Now. II the defence would agree to make
NO claim OF suicide. tho state would eliminate this
testimony from the trial. On the other hand, IL the
defence would not agree. the state would 20 on as
previously arranged.
Mr.. Jones, for the defence-Wnati IL your object in
making this suggestion now?
Mr.. Waller The testimony will be Ut an expert
several physicians from further attendance and
expense to the State.
Mr.. Jonss-If you wish to keep out this alleged
cheek evidence that nail marks of Haydon's shoe
were found on Mary STANDARDS cheek. We -"
Mr.. Waller interruptng)-Your opening remark
convinces me that the State cannot agree to the
proposition we have just offered you. Therefore.
will say that the State will put in this evidence
Mr.. Joncs-There has been o great deal Of talk
about this cheek evidence. and have prepared to