Morning journal and courier., 1880-01-10


 ! She is at present unable to attend court. Was at my sisters house when Mrs Futile talked with her. Was not then summoned in this case. It was last January. l was called at Madison merely to testify as to where was on l the day of the homicide. would say that | was led by MT. Jones to questions about To- calities, etc. didn't tell her that didn't wish to testify because not positive. Did not ask the lawyer for his advice as to how to get out of testifying. MT. Waller enquired If a month after the murder. IObjected. MT. | Waller said by the Futile testimony it was | implied that witness had fabricated his evil dence; that he was not then last January pos tive, and in court testified it was o'clock. MT. Jones replied with vigor, and referred to | Jesse Shaw, brother of Mrs. Hayden, testify l ing to hearing from Mrs. Hayden that it was 2 o'clock, and soon after hearing her tell Mr. | Gibbs it was g. and held that the evidence now sought was out of order. MT. Waller replied that the State was not attacking Mrs. Hayden. It was defending Mir. Gibbs because attacked by MT. Shaw. The State would show that by MT. Gibbs. [Question excluded. Talking About the Sermon. o. Will you tell what you said in any ser mon in allusion to MT. Hsyden2 | Witness-I think preached sermon from the text ''She has done what she could. !" Narrative objected to.
 o. Did you say, tI did notssthink it right to sacrifice the church, to sacrifice my own soul for Mir. Hayden that he is where he is. !" | A. think not-I think I did say that felt a sympathy for Mir. Hayden in that sermon | GObjected to-
 MT. Watrous, in support of objection, read from his notes testimony that the clergyman | did preach Judas sermon, and implied Mr. l Hayden as the Judas; hs read what the good | old lady, the member of tho church for forty years." testified to, that the minister said about sacrificing his church, etc. | he l pit at any time anything against the interests of MT. Hayden, or show any i'll feeling toward him or his family2 [Objected to and exolu- | ded by court.
 Q. Mr. Gibbs, did you substantially say what MT. Watrous said the good old lady said A. think did, in connection with other things. If could - MT. Waller-Oh! don't please, MT. Gibbs i; | time!
 Mr. Gibbs-I was speaking of MT. Hayden and the duties we owed to the church, and of ! the duties we owed to Mir. Hayden, and in the remarks think expressed sympathy for Mr. Hayden, and that the duties we owed to the | church ought not to interfere with the we'll being of the church.
 o. Did you ever preach sermon on Judas \ A. No, sir, not since this case. o. Did you ever preach sermon in which, \ by inueDdo or any other way, you ikened MT. Hayden to Judas [Objected to and ruled out.
 o. Did you ever say to Mrs. Stone that anybody who stood up for MT. Hayden was l like Judas :? A. No, sir l did in that talk l allude to Judas.
 ! o. Did you make that remark to that good old lady, Mrs. Stone, about Judas? A. We'll, \ said Judas went out and hanged himself. I was comparing different temperaments and ways of not showing crime. She spoke how she would act, and I how I would act. I spoke in reply of Judas who went out and | hanged himself
 Mr. Watrous. MT. Gibbs were you ever engaged in peddling literature, yellow cov- cred, in relation to this case, pamphlet giv- ing an account of the murder of Mary Stan | nard, etc. {? Please answer my question A. bought ten of these books and sold | them.
 0. You tried to buy more? A. No, sir I came in company with Fillmore Scranton to this city. He wanted to buy some.
 Q. That is book which characterizes this transaction as 8 murder and imputeS the | crime to Mir. Hayden ?
 Mir. Waller. I object. That is book gotten up by the reporters of the New Haven Union. If it is to be laid in. well and good. It is thrilling narrative.
 Witness. I understood the book was ir favor of MT. Hayden, and that the sales were for his benefit.
 Q. Will you swear you never read il enough to familiarize yourself with it's con tents A. Only in part.
 ! o. Did you sell the ten books becau SC YOU thought, or upon the idea represented to the purchaser of 1t, that it was exculpatory ot Mr.. Hayden? A. I don't think I knew much about it. think they were sold before I got home. I never peddled them. It was said to me that it was for the benefit of Mir. Hayden.
 Q. You can read? Did you ever read the title page of the book? A. I presume have.
 Q. You don't really want the jury to be- lieve that you thought you were doing Mir. Hayden a service? A. Tiff I had no thought so would not have sold them.
 Q. What were you talking with Mrs Stone about2 Witness gave no answer ant tarried long. MT. Waller begged him not tt be impetuous. Oaughter.) Witness-I wa not talking with her more than ten minutes o. Didn't you mean to have the old Iadiei understand that MT. Hayden was no bette, than the historic chap who went out ant hanged himself A. No. sir. Q. Will you tell us why you mentioned that detestable character? A. We'll, wal saying that there were differences of temper aments of people who bear crime. I madt the remark if was arrested on charge O murder would, innocent or guilty, show i
 in my countenance.
 Q. Do you mean that you would have gone out and hanged yourself? A. No, sir Daughter
 O. And you thought yourself at ths tim, I
 ladies so understood you? A. Why, yes, | did.
 o. And you expressed yourself in sympa thy with MT. Hayden by using illustration about Judas and by selling this work Haven't you in this city time and again saiG that MT. Hayden was guilty and ought to b' hung? A. No, sir.
 o. Haven't you said it in substance? A. don't know what you mean exactly by ':ir substance"
 Mir. w.-oh! mean as distinguished from chaff. Daughter. Witness. I had always sympathized with MT. Hayden. never saiC
 he ought to hang. am sure of it.
 o. Don't you think it was far fetched in sermon on ''She hath done what she could" to bring in Mir. Hayden7 A. No. sir; I though it was to the point. O.. You felt called upor to say that you wouldn't sacrifice, etc. NJ reply.
 Q. Wasn't it because you were annoyed ana used this nom de plume, because people were cutting your church because of opposition ts
 Mir. Hayden A. No, sir, it was not so. No sir, when had the talk with the lawyer wa expecting to be called in the case I don say didn't say to MT. and Mrs. Futile that would liko to avoid testifying don't know
 of any reason why they should not remembe, correctly.
 To MT. Wsller-Have you from the first tc this blessed moment been lacking in sympathy
 for Kr. Hayden A.-No, sir. Objected.
 The court asked how near through the coun
 sel were. MT. Waller said that the State hat
 wished to put on Ben Stevens for few tri fling matters. but would forego that The evidence here was closed and fo announced to the court. The judges showed signs of pleas ure. Judge Park nnounced thatcourt would adjourn to Wednesday morning at 10 o'clock So adjourned.
 Vests Liver Pills Cure Dyspepsia. Vests Liver Pills Cure Liver Complaint.
 Vests Liver Pills Cure Indigestion
 Vests Liver Pills Cure Sick Headache.