Morning journal and courier., 1880-01-16

fession. And Dr. Hubbard, who IS dlsC1n- guished for his specially, y,-diseases of women
 -all this concurrent testimonyl Consclen- tious MT. Norton Undressing that member of the jury1, you have lived here. Is there any man more conscientious than that good man Dr. Sanford? Bacon to be assailed, gen. tlemen, because he is Bacon and son of the aged controversialistS Don't you know, gen. tlemen, that Dr. Bacon has no superior as a surgeon in this State? Nobody pretends to say to the contrary. never heard his integ- rity assailed as it was this morning by my elo- quent friend of the counsel, of whose innu- endoes say, Why let him blow his blasts. They will recoil upon him. The more he spends his time upon that, the less, MT. Perry, (addressing MT. Perry of the jury) it will weigh with you. Gould that little creature at that embryonic stage exist and affect monthly periods2 Noi Gould 1t produce nervous dis turbance? No! not without inflammation. Gould it produce nausea or cerebral disturb ance-nonsense. Could that girl have sup posed she had that little creature on the left or right ovaryp God only knows. Gould it do harm? Only when so large that by weight 1t strained the organ or oppressed adjacent organs. How large must it be to do that As large as good sized orange.
 After recess MT. Watrous resumed, his voice being for some time lost to the mass of spec tators by reason of the kum in the air and his low tones. By and by the word tumor struck the air, and the utterances following indicated that the argument was strongly bent to show that the States claim for that tumor was pre- postsrous and absurd-a lame and impotent conclusions lame support to tic the case to. The speakers voice rising, his tones became distinct. He secuted the idea that Mary lied to Hayden and deceived him into the belief that she was pregnant. He held It out or tne case that any such claim had been made, and that the State could not claim that the knowl- edge might have passed at the spring. be- cause the State WAS precluded from that claim, claiming knowledge prior to that time. No communication at the spring could be any basis for their theory.
 Now look a moment at that question of whether he did the deed. Thus far the ques- tion of Mary's belief as to her physical con- dition had entered into the treatment by the speaker My learned and eloquent friend, soaring in his eloquence on pinions high, has pictured out Q scene of felicity in the COW pasture, at which he suggests the foundation might have been laid for motive for the crime of murder. Possibly-I say possibly such meeting was had. But 1t IS not to weigh second here. Any one of the jury may meet woman in pasture lot sometime, but the State draws purely imaginary picture in it's struggle to find symptoms of improper intercourse. My client went to Middletown. He bought arsenic. That is true. He may be Q fool for telling of it before anybody knew of it. but the fact is so. Rats infested the barn. Now Wilcox had to admit the rat holes. There had been discussion between the pastor and his wife about the bane of rats and as to purchasing an exterminator. Several days be- fore the purchase, when in South Madison, when either walking or riding with one of his good stewards, MT. Pendelow, the talk turned on peas. The steward had plenty, but Paris green bad been used on the peas. On that &C., Dopda10uu'a NuiFo nFiontod kN ootiy0ry fhe peas, fearing poison,-a notion the good lady had. ] The peas are offered to the pastor. Then 8 talk occurs about the rats in the barn, and the steward recommends the purchase of ar senic. MT. Hsyden's wife, however, was averse to having arsenic in the house. But by and by the choice things, the preserves, were spoiled by the rats, and then the pastor got up courage to buy arsenic He went to Middle. town, coupling with the arsenic errand various other objects connected with his household. Oh but they say he didn't tell his wife One reason was because he wasn't certain about going himself. Another was that she was i'll and weak. He did not decide to go to Mid dletown until after he had reached Durham. Look at the whole aspect of the trip and the mans conduct. Here features were alluded to as showing every indication of innocence,-o any thought of crime. Why, if the thought o1 secresy struck him later on the journey, would he have stopped at Burton's for the tools, or D66u lEG6 Auu BOC1H1 WILL GQ6 CQAECOA1 p0OOl6f, ana as it were leave tracks of his guilt He certainly took most extraordinary freedom for a man about to commit an atrocious crime. Was there anything in his course or behavior throwing the least shadow of sscresy about the trip If he had the thousandth part of the intellect my friends feel obliged to credit him with in order to make case, would he have laid himself open in this way He leaves his horse in public street he en- ters a drug store where he is known encoun- ters townsmen in the suburbs. He goes up to the clerk, not silly but openly. He buys the arsenic with honesty in purpose trans parent He calls for fuller's earth. He re- jects 1t. He wants @ better article. He re- oeives it. He makes it easy beyond ques- ton for his visit to be remembered. He gives prominence to the visit by g discussion about the baby powder when buying murder powder at the same visit. Ee offers a Peruvian dollar, another circumstance which a man full of intent to murder would not have done. If this conduct is not evidence of innocence, what is ? Did my eloquent friend find any satisfaction in this open handed business I have frequently tried criminal causes, but have never in my experience and you, gentlemen, will bear me out-had a case where the innocent actions of man were marshaled as evidence of guilt, or when broad daylight conduct was construed as evidence of guilt. But he came down the street toward Stannard's. That's pretty strong evidence of guilt. Did he go that way in pursuance of any arrangement with Mary ?-for that's the States inference; that this man had precon- certed'to meet this girl openly and leaving open every trace of his design, as seen in the light of the murder. He did not go for that purpose, and the State only by innuendo claim it. Is there man in this panel who thinks Hayden stopped there in pursuance of an arrangement with Mary Stannsrd {? The State does not pretend that he stopped there for glass of water. He was too near home for that. What did he stop there for As he came down the road he says his little girl says, ssPapa, want to ride home." Is that so? Susan confirms it. The old man Stan- nard confirms 1t and 1t is one of those things that Ben Stevens does not happen to deny. Now, it would be mighty lucky coincidence for the State that the children were there, as part of the design. But that won't do. Was Mrs. Hayden party to the arrangement for killing Mary Stannard ?No one has the hardi- hood to charge or insinuate that. No, Mary was up the way by the Hayden house and the children were sent by her to go to the Stan nard house to come home with father. Could that father, so tender, so touching to those children, have included his offspring in plan for murder? A man carrying a soul like that man has in his jacket capable of such a damnable scheme2 It is not to be believed. He hears his children. He gets out and helps them in and then asks for water; being thirsty walks in and Is supplied. The water is warm, from the bottom of the pail. It is wonder it hadn't wigglers-is that what you call 'em- wigglers. He finds it provocative of thirst rather than quenching. He goes out. What chancellor an assignment with Mary Stannard? But wink or nod Is suggested. Even the facile Susan who could read between the lines of Mary's visits to the Hayden house, even she saw nothing, no wink, no nod, no snapping of the fingers, and even Ben Stevens cannot say SO. Why did Mary go private? There was occasion for water in that family just at that particular time. Won- derful if that confounded water pail should wilt or be dry and furnish just the opportu- nifty the State says he wanted. No, gentlemen, there was nothing transpired at that house; you know it, gentlemen, and I know it, to give color to any design. Mary goes after the water, and on the way home Hayden sees her and the cool, pure water, and was his thirst any the less, and why not allay it But he got out of the wagon to take drink, and the State says he ought to be hung for it. If he has got the gsllantry to get out of the wagon instead of the internal meanness of making her lift the heavy ten quart pail of water up to him, he is guilty of murder, my friend says. Ahi my friend says he is a mur- derer because he got out, instead of being great lazy lubber and forcing the girl to raise it ap to him by main strength. A man with