The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-11-20
THE HAYDEN CASE.

A DAY DEVOTED TO ARGUMENT ON THE ADMIs-
sIBILIrY OF EvIDENcE-sIGNIFICANr DEC
LARATIoNs FROM BOTH SIDES.
New HAVEN. Conn.,. Nov. 10. 1879.
In the Hayden to-day. the twenty third of the
trial. the time wholly occupied in arguments
to the admissbity of certain evidence bearing upon
the motive for the crime This evidence is that OF
Mr.. Frank d. Root. journalist. offered by the State.
as the statements made at tho preliminary trial by
Mrs. Jane Studiey. now deceased. These statements
were that Mrs. Studley had verified by personal
animation Mary STANDARDS admissions of pregnancy;
also that Mary had charged Hayden with being re-
sponsible for her condition.
ARGUMENTS
MIR. Watrous. senior counsel for the prisoner.
made long argument against the admissibility Of
the testimony. He claimed that any communion
ton by Mary Stannard to Mrs. studley If not known
to Hayden. could not therefore have given him a
motive. The proposed testimony would shed no
legal light tho real question of the homicide and
therefore would do Hayden a great wrong by its
possible influence the jury if it permitted
to come in. Mr.. Watrous cited numerous authori-
ties in support of his claim
Mr.. Waller remarked that the defence appeared to
claim that the condition of the girl could not be
shown until it was shown that Hayden had knowl-
edge of it. Could the prosecution have been stopped
from showing the fact of DEATH the presence OF
arsenic in the stomach until the prisoners connac
80, 80, -. h, c......,,.. ~. 49,,
'ion win oo'n 90 o.A-' NV, VAC con.
that in Connecticut. where legal advance has
been made in permitting man charged with crime
to tell his own story. there should be no hold:
ing to the rejection, on merely technical
grounds. of testimony throwing light on
the case. Modern practice favors the admis-
sion OF everything calculated to enlghten Court or
jury and the tendency is continually in that direc
ton. Mr.. Waller cited several cases showing that
declarations of deceased persons often been ad
United IN murder anu other cases. In the case OF
the State vs. EDWARDS ll2tn Cox p 23e was admitted
the declaration OF woman week before her muir
der that she orougnt an axe 70 10 conceal
through fear that her husband would kill her with
it, The most modern case IN TINS country bearing
upon this point ~ that OF state vs.. Hunter (4Oth
New Jersey p. 4sol IL occurred In 1875 and
the decision was unanimous. Inc court admitted
the declarations OF the murdered man. Armstrong
that he was going to Camden for purpose and with
certain person. mr.: wafer reviewed the peculiar
bearings OF this decision upon the Hayden case and
introduce it there will be no question OF the ad.
instability OF the testimony OF Mary STANDARDS
Rock to meet Hayden and obtain from him "quick
medicine Tor An ABORTION The speaker
to the nature of the States claim in 's this
case. given by CHIEF Justice Cockburn, OF England
in 1870 IN the case o, me state VS. Wainwright Oh
Bailey Sessions reported in Coxs reports. Mr.. Wal
Ter regretted that no reasons were gwen and claimed
that the decision was clearly at variance with many
this country.
SIGNIFICANT DECLARATION.
At the afternoon session the arguments in behalf
of the State were continued by Judge Harrison. In
the course OF his argument Mr. JONES' counsel for the
defence. inquired:-
"Does the State intend to try to prove criminal in
timacy between my client and Mary Stannsrd?"
Mr.. Harrison gave no definite reply. but after
some controversy. in which Mr.. Waller participated.
Mr.. Harrison made this significant remark .
1--WE will show that Mr.. Hayden knew the con-
diton of this girl or that she believed herself preg
nant and that he had several conferences with her
about it..
Mr.. Harrison delivered this sentence in q DELHI
crate and somewhat impressive manner, and created
marked sensation in the court room. Continuing.
Mr.. Harrison quoted the case OF the State Rev.
4. X. Avery. In Rhode Island. in 1882. where the
Court admitted in evidence piece of paper found
in the murdered girls bandbox after her death. and