Morning journal and courier., 1880-01-10

Benjamin Stevens said until after he said it. Withdrawn. Witness said MT. Stevens did not testify about lumber. Mir. Hayden did. To Mir. Jones-Yes, have talked it over with my husband since this trial. No, sir; I haven't been one of the advisers in this case. O. Didn't you sit by counsel in this case i? A. Only on one occasion. o. Didn't you lean over at different times to Mr. Harrison and offer suggestions A. No, sir.
 0. Haven't you been with MT. Harrison \ in court and out asking you questions about | the case? A. He has asked me some ques- tions.
 Mr. Waller thought witness had sat by counsel only few minutes. Witness said about two hours. Mir. Waller had no recollection of ladies sitting around him.
 MT. Watrous-I have Mir. WalIer-then you muat have enjoyed yourself. Laughter ] Mr. Watrous-I was glad to see you sur
 rounded with galaxy of posies. Laugh l ter.
 Mr. Fl. E. Stone to Mir. Waller. Yes, 1 was one of the magistrates at the Madison | trial No, MT. Luzerne Stevens didn't testify that he saw Hayden at o'clock. Benjamin Stevens did not testify about lumber con versation.
 1 MT. Watrous. You were called to 8 sect behind the trying justice A. Yes, sir; | Mr. Wilcox invited all the magistrates to seats on the sofa back of him. No, sir ,; l don't remember everything said by MT. Ste vens. Mo- sir; all of the justices couldn't sit at one time together on the sofa. I think was on the sofa when Benjamin Stevens testi- fled. No, sir; have no recollection what day of the week or what part of the day it was he l testified. didn't hear him say he was full. Heard him say he was at a dance. think he admitted having had something to drink. O. Did he say he was full A. Don't think he did.
 o. How full did he say, two thirds full ? A. Didn't say exactly. No, I won't swear heard all Stevens testified ];
 won't swear I was present all the time that he was testifying I don't think Stevens testified at Madison that he had talk with Hayden out doors, because he didn't so say before I witness at the coroner's jury. Question of l relevancy of answer argued between MT. Waller and MT. Watrous.) Luzerne Stevens. MT. Luzerne Stevens-To Mir. Waller-Was during the trial at Madison at the home of
 MT. Hough. My wife did not say thers to any one that saw Hayden on the day of the l homicide at 9 o'clock. Had 8 talk with Judge l Harrison about the mistake in the newspaper. To Mir. Watrous-Yes, read other newspR- per reports of the trial. looked in the Union and Registers reports of the trial They did not agree with the Palladium. MT. Watrous Allow me to show you the Register of Sept. 14, 1878. [Showing to witness copy Of Reg l ister Will you do me the favor to read this.
 The report said o'clock Mr. Watrous- Don't you know that the Hartford Times re-
 ported you in the same ways A.-No, sir. MT. Waller-Do you know who the report l this portion of the report from the Register !? A.-No, sir.
 Mir. Watrous replied that the report of the | Palladium was by MT. Root and report the State swore by, hence 1t was unconely to re- 1 ject it.
 MT. Waller-Mr. Girdner or Gardner, step ! this way. Charles E. Gierding sworn. 1 Expelled his name. Hive in Madison. Know l MT. Hough. Q.-Did John Hough ever say
 to you that Luzerne Stevens or Mrs. Stevens 1 told him that they saw, or either of them saw,
 MT. Hayden at o'clock the day of the trage- | dy? A.-No, sir.
 1 To MT. Watrous-We had slight conversa-
 tion about the homicide I remember he said
 MT. Hayden was innocent Mir. Watrous- | The topic was his guilt or innocencs? Mr. Waler-He expressed that opinion 8
 long time ago. Laughter.) 1 MT. Watrous-He was wiser than some of
 us who have come to the conclusion more re-
 gently. (Laughter.)
 Witness-It was noisy in the shop when we
 were talking. We suspended business mo-
 ment to talk. Q.-How many machines gre going there? Al never counted them. l Q.-Did they suspend operation while you | were talking? A.-No, sir. l l MT, Justice Wilcox, who heard the Madison
 case, recalled. To MT. Wsller-Yes, sir; took notes of the Madison trial. Q. They do 1 not say that Benj amin Stevens had talk with i MT. Hayden the day of the homicide out l doors? A. think not. Q. Do they say 1 that Luzerne Stevens said 2 o'clock. A. | think not.
 To MT. Watrous-I didn't take full notes. ]
 wrote as fully as could, but could not take | all. No importance attached at that time as
 to what Stevens aud Hayden talked about or l that day. will not swear that MT. Benjamin
 Stevens did not say he had such a talk. (Ob jected to-
 MT. Watrous-Notes are of no object unless
 they connect themselves with the memory o the witness. (Answer admitted Witness l My impression is that Benjamin Stevens dit
 say something about lumber. As to Luzerns Stevens, my recollection is very clear that ht did say he saw MT. Hayden at 2 o'clock. | think he said he went out of doors with hi
 children at o'clock. Ely impression to tha effect is very strong.
 MT. Waller-Your impression is very stronei Did you not say once before on the stand thai Luzerne Stevens testified it was 2 o'clock? A.
 think did. I said to him Ouzerne), as VI
 went in the cars, Did you say 2 o'clock? Ht
 said he didn't. On the stand, being asked,
 said couldn't say exactly. think have
 been asked on the stand if had not read il
 in the Palladium report.
 Q. Haven't you been struggled with to see i
 you didn't get your idea of the time from the
 Palladium report A. To that can answer a
 once, no. No. sir; have next to nothing O
 the notes of Mir. Hayden. MT. Waller said
 I asked, as thought he would be sure to have
 in what Hayden said. Witness was excused
 He desired to explain (permission given) tha
 it was not lawyers work which made him re
 member. It came to my recollection when
 was by myself, thinking the matter over. Tc
 MT. Waller-I was alone in the carriage rid
 ing home from the depot about two week.
 ago. MT. Waller had caucus or session witt
 the judge, and concluding said: If there ii
 any other revelation comes to you before tht
 trial is over don't fail to bring it. Daughter.
 MT. Jones replied: Send for Gibbs
 Oaughtsr.) The next witness was Mrs.
 Gibbs.
 Mrs. Gibbs, wife of Rev. MT. Gibbs, of the
 Rockland church, recalled. Witness was called ! to contradict testimony of MT. John Fl. Futile
 lawyer, of this city, and wife, that Mr. Gibbl I called on him to arrange to get out of testify l ing and that he said the reason was that h. | was not positive about remembering the time
 which he said Mrs. Hayden gave of Mir. Hay
 den's going to the wood lot. Witness denied
 that such remarks were made on that occa
 sion in her presence.
 To MT. Watrous-I saw the report of Mr. | Tuttle's testimony.
 ! BOmbsheIls and Ocular Demonstra 0. You came in consequence of a previous | arrang emsnt because of this bombsheu sent into your domestic circle? (Mr Waller Pooh D Witness-Am stopping on Wooster ! street, No. 95. He didn't say to MT. Futile I that he was called as witness in the Hayden
 trial. He didn't then, anyway. Not when l was present.
 MT. Watrous asked if witness had not ever | noticed that often when in 8 room where g clock was ticking she would be unconscious | of the ticking unless her attention was called ! to it?
 MT. Watrous used this Illustration and said | that talk might have been had, however There may be times when you are not ocular | ly and bo6ly in the presence of your husband
 and some other woman is2 (Merriment