Morning journal and courier., 1880-01-15
The Hayden Case.


 ThrOugs in the Court Ro0m-AbOut
 One Thousand People Turned Away
 Great Interest.
 The great Hayden case was of absorbing in- terest yesterday. At least LOGO people were unable to find entrance, the court room being crowded to it's utmost capacity. Intense in terest was manifested, and very large num- ber of members of the bar and cultivated ladies were in attendance. We give very full report of the arguments, much of it from stenographic notes.
 The court came in punctually at 10 o'clock. The jury were called, when all answered to their names except Juror Hotchkiss He came in 10 minutes later. when Chief Justice Park directed the arguments to proceed.
 Judge Harrison said: May it please the court and you, gentlemen of the jury. tPer- haps Mary has been away and perhaps has got into trouble, land rather than be exposed the second time has committed suicide" That was what wasisaid by the accused to his friend, and that saying may prove the key to the whole matter. I congratulate you, gentlemen, that this long case is drawing to g close. I would have been glad had the case fallen in to the hands of the present able States Attor- ney, but by force of circumstances it has fallen to me. Mir. Harrison here paid high compliment to his associate MT. Waller, and also to MT. Zacher, and then continued.
 Let us look back moment. A foul mur- der was committed in the peaceful village of Rockland on September 3rd, hurled out of the world into eternity. The people of that village felt it their duty to look into this murder. If they have for 3otten some of the little details, yet most of them have been deeply impressed upon their mem ories. The State took up the case with the purpose to unravel the mystery with which 1t was at first clouded. Nov, let me call your attention to the evidence that has been pro- duced by the State. We have traced the arse- nic, the knife, the time of the murder. Then we directed you to the motive of the murder. We proved to you what she thought was her condition at that time. We showed you from Mrs. Mills about the time the murder was committed. We went over the ground to show you by John B. Wright that it was pos- | sible for MT. Hayden to have gone over the ground and committed the murder in the | time that we say he did, and 50 we come down to the present time. The indictment charges the accused with murder in the first | degree. There is 8 clause in the law that says the sentence for murder in the first de- gree should not be inflicted unless it is proved by two credible witnesses. Yet, it is your du- | ty to weigh carefully and see if the evidence is equal to that given by two credible wit nesses; then you will, have no doubt, find 8 | verdict of murder in the first degree. The | State claims to have fully proved that Mary
 Stannard was murdered, cruelty murdered, by
 arsenic and the knife, and by Herbert H. Hay den. We show that he had the means, the
 reason and the opportunity for killing her. | That she was killed there can be no doubt. That it was not suicide is clearly proven. That such wound could have been self-in- f1icted is simply impossible. Before that | wound was inflicted the arsenic was coursing
 through every vein of her body and had reach ed the brain. Her going into the woods was not for suicide. Her taking the towel and the
 safety pin all showed that she went there for l purpose. There is no doubt but that the parts of the body examined by the experts l were from the body of Mary Stannard, and in l every one of these parts was found arsenic. There has been some question as to why SC
 much of that arsenic was found in the liver. | It will be remembered that the stomach and liver were placed in 8 jar of alcohol together. and, as you were told, the tendency was to | draw out from the stomach into the liver or
 distribute them between the two. Professor l Johnson says he found this arsenic
 in the kidneys and embedded down into the gray matter of the brain. That examination
 of Professor Johnson alone, and sanctioned by Professor Wormly, shows conclusiveiy
 that it was carried into the brain by the arter- | ial circulation before death. They tell you | it would have been impossible for the arsenic
 to have been carried to the brain through the
 tissues if it had been placed in the stomach after death. They tell you that sulphide oi | arsenic found in the brain was positively in | soluble by any of the fluids of the body,
 and therefore could not have been carried to the brain. Then again they found patches of Inflammation, which Professor Wormly says could not be produced on any dead members
 of the body. Now it is clearly shown that | the arsenic was taken into the stomach be- fore death. Now, how long before? It is l clearly shown that if taken fifteen minutes be- fore death, 1t would have been carried
 through every artery of the body and been deposited where found. The effect of that quantity of arsenic it is said would have pro
 duced vomiting. Broken pieces of black
 berry were found close by her body. It is
 evident that after taking the arsenic her I stomach did eject some portion of the con-
 tents of her stomach. Now, we ask who pur-
 chased that arsenic. We say that Herbert Hayden purchased that very arsenic in Mid
 dIetown, on the day of the murder. He did
 not go to the Madison store for it, although, as
 he says he talked with the stewards of his
 church about arsenic for rats. No! he goes
 where he is not known and buys an ounce ot
 arsenic. That of itself alone is very strong
 circumstantial evidence in this case.
 Now, I wish to call your attention to the
 fact that the Middletown Sentinel gave to the VII
 and bought some arsenic. He therefore found
 1t necessary to account for that arsenic He
 accounted for it how? On the 14th of Sep
 tember Sheriff Hull and MT. Wilcox were
 searching that house. That wrapper from the package of arsenic is gone, Hayden says into the s6avings barrel. There are unheard
 of things in this connection. He takes the
 arsenic from it's original package, places 1t in ! tin box and places that box in his barn cir
 cumstances never heard of before, and be- lieve never will be heard of again. Now, Gen eral Wilcox comes on the stand and says he searched the barn for arsenic. The defense
 have charged that he perjured himself. Now, gentlemen, General Wilcox tells plain story | with no evidence of falsehood in 1t. Mir. Harrison here read General Wilcox s testimony.
 as taken from stenographer's notes. Continuing, MT. Harrison said: Herbert Hay den says he put that tin box on that stringer, but General Wilcox says he searched the barn | thoroughly on the 14th of September and no box was there. If Herbert Hayden says he placed this arsenic there he does not tell the truth. An attempt was made to break down
 the evidence of General Wilcox by showing that there was no way by which he could pass from the scaffold to the mow. General Will COX says he crossed from the scaffold to the haymow, but he cannot tell you precisely what | it was he crossed upon. If his evidence IS | to be discredited on this account, then the evidence of any witness could be discredited. |
 he is positive. Charles Lane comes into
 court and says he could not cross there in | September, and he had to go down and climb | up on the other side; but MT. Stannard says
 he did cross there at the precise spot where General Wilcox crossed on the fifth day of September.
 Now, let us go back to the purchase of this | arsenic. We find that MT. Mckee, of Middle l town, purchased, within eighteen months, four pounds of arsenic, and during that time
 he sold two half pounds to David Tyler Presumably these two stores would have sold about the same quantity of arsenic. Now, \ Sheriff Hull purchased an ounce of arsenic of Mckee in October, 1878, which is the arsenic that figures in this case. Sheriff Hull pur- ! chased an ounce of arsenic of Tyler on the
 10th of October, 1878, and it is shown that it
 was taken from fresh ten pound package
 that had never before been opened. It is evil dent that the arsenic purchased by Hayden of Tyler was taken from the half pound pack age bought by Tyler from Mckee. The last
 of this package was sold to Colegrove, who at the time took every particle of arsenic there | uaa in fha sk0ra Now 1ak 1a aaa hot yrrrf