Morning journal and courier., 1880-01-01


 commenced; lived at Ohauncey Monson's be- | fore that doing housework previous to that l lived at Morgan Fowler's at housework; pre- vious to that. in March, '7s, at MT. Vibberts, Clintonyille, North Haven; previous to that at John Davis, in Durham was there year :; I attended but one oyster supper in Rockland in '78; left MT. Vibbert's to go to the oyster supper; was at home until went to the SUD- per, about three weeks; I next went back to Mr. Vibberts.
 o. Went home on account of your health ? A. I wasn't feeling very smart
 o. What was the matter?
 Objected to.
 Court thought it hardly proper.
 MT. Watrous said he wanted facts. He would deal as gently with the witness as possible. l will pass it if Your Honors say.
 The court permitted the question.
 Witness to MT. W. I said had cold.
 o. Was that all :? A. Yes, sir.
 Q. Have supper at the oyster supper hat ' night? A. No, sir; was there from till to go home the guests were rising from the table; don't know that MT. Hayden WAS one of them I was up stairs.
 Q. You sat up there in one of the chambers, did you 4. Yes, sir. Q. Mention some one who was with you there A. Bertha Stone, Truman Stones girl. There was quite number of people in and out during the time. The room was the one where all hands had been playing that evening. Mr. Harrison. All the young folks A. Yes, sir.
 0. As you went down people were rising from the table? A. Yes, sir. Q. Can you name one of the persons who went down before you started for homer A. No, sir.
 Q. Who notified you that supper was ready? A. I can't remember. Some one came and told us
 Witness. We passed through the room ! where the supper was to go away. Mrs Mills I can recollect, was in the room. Don't | remember what she was doing. Don't know | whether MT. Hayden had just risen from that table or not.
 o. When first did you see Mir. Hayden that night? A. He came out the door of the pas sage the same time we did. Oh had seen him in the upper room at the oyster supper No, had no watch with me. | saw clock l there in the kitchen, at MT. Kay6en's, to guide ! me in the time. II am sure it was running. think it was Gothic clock with steeples on. Benjamin Stevens Illness. MT. Harrison at this point begged leave to | interrupt here to say that Benjamin Stevens | was very sick. The State proposes to send ! out two physicians in the morning to enquire | and report his physical condition. The State | also wished to notify the defense that MT. Stevens sons havs offered to have the defense pick out any tso physicians and send them | over TOT . nK6 purpose, ana they, the sons, would pay the expense. Mr. Watrous said he should like to have that offer some time ago. He would not say at once about accepting. The Clock. Witness was now further interrogated about \ the clock it's size, location and position. | [Plan handed to Mir. W. by MT. Jones-a plan he remarked of kitchen, bedroom and | sitting room; plan shown to witness. Messrs. | Waller and Harrison gathered about witness during the description of the plan. Arguments About the Clock. l Witness: Don't remember how near the ! door came to the clock when the door swung open. Witness finally said the clock was not | in that part of the room. MT. Watrous asked | witness to tell where it was. MT. Waller ob- | jected to inquiry as unimportant. Witness had not said she was guided by this clock at all as to the time of being at the house. MT. l Watrous argued that time was all there was in | dispute. We think we shall be able to satisfy | the jury that the witness is mistaken about some things. Mir. Waller reiterated his claim 1 that the clock was not referred to. She l hasn't said she referred to it. More than 30 l minutes has this witness undergone this cross- examination about this clock. It is moreover l futile as having no pertinence. No jury in the world would be affected by any such pos sible overlooking the location of pieces of ! furniture in a room looked at casually. l Mir. Watrous adhered that time was the all I ! as to the hour. The witness had given 8 reason which the defense believed did not ex- ist. Was it wrong to attack the oredibility of l a witness in legitimate way? We take the witness as they leave her. We seek to show | that the witness was mistaken. MT. Wal l Ter added @ few closing words. If it wasn't running it was not clock, it was only case with machinery in it. Gaughter.) MT. Watrous-That is nice question for experts.
 | The court ruled out the question.
 Mir. Watrous appealed. Am I not right in l trying to find out how the witness knew 1t was l Il o'clock? Certainly, said Judge Park. | We'll, then, if my question is germane, why | not? Can not pursue my line of inquiry in my own way? (The court. Well, you may mako the inquiry.)
 | Where WasIt? l Q. We'll! where, then, was that clock ? A. In the north corner; it was on the side l toward the road
 | O. Then it's in the northeast corner :! What made you say @ moment ago it was in | the northwest corner A. I didn't think I did say so; I think it was on the north vail :; l I know saw clock there that night; I was | in no other room but the kitchen; yes, sir, i sat awhile there; my brother did go in with me.
 Q. What was Mary doing when you went in? A. I think she got off the bed she had been lying down with the children; she said so when she came out of the bedroom; yes, she sat down while we were there; think we rapped at the outside door to get in; yes, I l wanted to give her letter; knew that | Mary went to the house from our house to
 stay with Hayden's children knew she was
 expected to stay there until MT. and Mrs
 Hayden returned, but Mir. Hayden had re- | turned; as Mir. Hayden WAS there, we thought perhaps Mary might come with us; no, when
 he left the oyster supper we didn't know or
 expect that MT. Hayden or anybody except
 Mary would be there with the children; he
 (Hayden) was close by us when we were on
 the way to his house; he came out of the
 parsonage the same time as we did yes, he
 had his hat on, black hat; it was low
 crowned, I think no, sir, don't remember
 that heard him speak, and I did not look
 around.
 Q. He got on to the piazza before you got
 in at the door? A. Yes! yes! he had.
 Nothing was said by either of us.
 Q. Did any word of recognition pass be-
 tween you and he and Charles? A. Don't
 remember that anything was said. Yes, l
 had spoken to him in my life. He spoke to
 Mary. Don't recolleot that anything was said
 about the children. I can't swear it.
 o. You delivered your letter to Mary and
 went on home? A. Yes, sir. | Talked with NIrs. NeLtIetOn.
 o. Have you ever testified to any one about
 this before coming here? A. Where, in
 court? No, sir.
 | Q, daV6nG you t6lKeO 0ltl6I WltQ or III the
 presence of Mrs. J. H. Nettleton about your
 visit at the Hayden House that night? A. ]
 don't know any such person.
 | o. Haven't you said to her or somebody,
 that when you got there MT. Hayden was ly-
 ing on the sofa or lounge? A. No, sir;
 never did to anybody.
 Q. Haven't you said that Mir. Hayden was
 lying on the lounge as you got in, and that you
 asked Mary if she couldn't go and she said no,
 he had got headache? A. No, sir; no, sir.
 NIT. Waller Inquiries Again.
 0. Have you said anything to Mrs. Nettle-
 ton different from what you have said here
 A. No, sir.
 o. Have you said different to anybody? Objected to. Not admitted.
 0. Did you ever say to Miss N, MT. N., or
 nybody else, that Mir. Fl. was lying on the
 lounge and Mary said she couldn't go, as he
 was sick7 A. No, sir.
 Various questions objected to as leading,
 and passed, and the following substituted1: o. Did you hear any calls to supper before
 the one you spoke of A. One I think.