Morning journal and courier., 1880-01-15

f0ld- Eortunately, In the proVIaence oi 0ou, pair of earrings was found. They were traced to Ohastine Cox, and the bubble burst. This case is one where guilt is assigned by gossip. An old maid here, a trouble maker there, busybody over, wonder, are enough to point suspicion, and if the case IS 1n the hands of able counsel like my friends mole hill is transformed into mountain. That's all fear. Some, when you came, had optn- ions, others had thought but partially. How did you get the opinion? Through the pub lie press You read it in the papers. You see it and you believe it, though false as Hades Is it strange that public sentiment IS formed, especially at the scene of the tragedy! MT. Jones eloquentiy cited the evil effect of perverted opinion and cited the case of King Philip drunk and Philip sober, in the unjust judgment pronounced by the King .. when intoxicated. So false public sentiment has been created by cursed newspaper articles, admitted now to be as false as Hades. say it's that prejudice that always fear. How many times have l stood before a fury in cases of barn burning. Here comes O man to be tried for barn burn ing. The jury may own barns and there is consequently greater prejudice against that kind of client than almost any other. The very nature of the crime arouses excitement, and it requires but little testimony in such case to convict. Now, I want you, before we proceed, to take @ trip to Rockland. You have been there once, and don't believe you want to go again. Who is Herbert H. Hay den? MT. Jones gave brief sketch of MT. Hayden as he appeared at Rockland, strug- elinR, with his good wife, and with character above reproach. The speaker referred to the relations with Luzerne Stevens and family, the neighbors across the way, as pleasant and unbroken until the advent of the new Hayden baby, when, instead of calling in Mrs. Lu- zerne Stevens, Mrs. Davis, living two miles up the road, was called. Now the charm was L. ov,I koI,vr r1Vn the Stevens. Generally pair of oxen could not prevent women from going to see the new baby. The daughter Henrietta was too indisposed to walk upon the street. but she could travel three miles blackberrying,- no, 1t was huckleberrying, she said.
 The New Baby.
 So the new baby was given the cold shoul- der by Mrs. Stevens and family. The blow of hiring another woman could not be en- dured, and from that day forward they were ready to pay the debt Of course they could see Mary go through the hole in the barn any day in the week with or without a rake in her hands. Now, go up the street little way and there lived old Charles Stannard. Well, I have not an unkind word to say of that stupid, clever old man. As to his having committed the homicide scout the idea. do not claim for one moment that he had any hand in the death. In the first place parental love would have been bar to such an act. There now 1b CQaL 1au11y tuo 0teAuusEuo.
 The Stannard Family
 It consisted of the old man Stannard, Susan Hawley, with occasionally Mary present. She was not home much after Susan left Ben. Stevens place. For some reason or other we find her out at work with her little child. Mary had been involved in one way or another SO that she was at the house but little, and was not in the way, from April, 1876, till up to the hour of the murder. We cannot enter that household. They are hostile to us. But Mary Stannard had friend, 8 friend in every way, who had not only kind words for her, which are cheap, but presents and tokens of kindness That friend was good Mrs. Hay den, and Mary had that feeling toward her which made her say, when in the place, can- not stay away, must come right down and see you. This was the state of attachment she had to the family and to that woman. Benjamin Stevens.
 But, gentlemen, who ran that Charles Stannard house and whose wishes contr oiled there? Another man controlled there. Hayden. But there was another man. Who was it? Ben Stevens. Something drew him there. He stayed there and slept there, and slept in that old kitchen, if he did not in the girls room. Perhaps so. The prosecution has.said he was worth $15, ,0OO, but at any rate he had means of his own. What was he do- ing at Charles Stannard's house2 Who can account for him Oh, they say Susan Haw- | ley kept house for him when his mother died. When Mary had her child we find her gon6 away and Ben Stevens had taken her place ir | the house. There was something there at tracting him over there. A funny kind o1 place for a man worth $15, 1000 or $2O, OOO sleeping on the old sofa in the back room. | do not think poor Charles Stannard, a pool | deaf man, knew where he slept, or very
 much cared. Notice Ben Stevens. How
 intimate in that family. whe | Hawley. who so intimate as to go into this
 maiden's bed to sleep and lie down there ir | the daytime and take nap? This same Ber | Stevens. By and by we shall be feeling after
 motives. If Mary was out of the way. You see when she was at home there were two l girls in that bed. When Mary was not al home Susan could have slept alone. This is | very suggestive. When Ben Stevens son and | daughter kept house for him we find him ! over at Charles Stannards, perhaps sleeping ! there on the old sofa Suppose for moment, | gentlemen, that the same raking and scrapine of Ben Stevens had been had such as has been made against my client. Suppose that Mir. | Hayden had been hanging around the Stan nard house as Ben Stevens was sleeping there buying provisions when necessary, saying, s'Sue:: come here!" Why my friends what would not be said about this intimacy. | It is miserable rule that does not work both | ways, that works against one man and mol
 
 timacy for Hayden and Mary Stannard out ot
 8 COW. spring andEsome. bushes, but only ir | theory. That's as far as they can go. Now on that Sd of September the homicide is com mitted. Of course the inquiry everywhere is l who would have had any motive. Now, witl | all this intimacy of Ben. Stevens prevailing, | is it not strange that up to this 14th of Jan uary, 1880, there has been no attempt to fol-
 low any other clue? Why, suppose steps had been taken at first and men put on the track
 of Ben. Stevens then2 What would the | State have said then? Look at what points
 against Ben. Stevens to-day! Who saw Mary Stannard last? Ben Stevens. Who told hel
 where to go? Ben. Stevens. Who was inti
 mate with the family? Ben Stevens Who mentioned the route to Mary
 Stannard Ben. Stevens. Who wait ed until she had gone to the woods l Ben Stevens. Who took an unusual way home afterwards instead of going home in the
 shade Ben Stevens. Who told parties that | Thursday morning about club with hair and
 blood upon it :? Ben Stevens. Who denied
 that he said so ? Ben Stevens. Talmadge
 and Atwel tell us that he did. What did Der Stevens say he said. 'I didn't want to tall l to them as did not want to expose myself. n That would not have been made out of such | evidence if 1t had been against Hayden Sup | pose that Hayden had said to George AtweI that he had club with hair and blood upon | it. say gentlemen, it must be apparent tc | you and to the public that every means thai the ingenuity of man could invent has been
 amplifed, not against the perpetrator of the
 crime, but to convict Hayden.
 The Prosecution.
 Ia there anybody in heavens name in this | world who has not heard that every effort has
 been used to convict Herbert H. Hayden Talk about being fair. Why, my friends, they
 say we have brought out this testimony about
 arsenic to be fair. A great gushing over with fairness. They sent to England Dana, and | put @ paddock on his mouth, and Yale lock | on all the professors mouths to get this evi- dence kept silent. We could not have learned | of it if we would, and these professors were
 told over and again not to tell anybody about | it. This had the effect of keeping the de | fense in the dark about 1t. Don't talk about
 fairness. Hayden might. MT. Jones then gave the sheriff a scoring on the ground ot exceeding authority in demanding the speci. mems of barn arsenic, in threatening arrest
 as an accomplice. Everything was still SC
 cret. They were looking, not after the ends
 of justice, but to get conviction of Hayden How would the senior counsel in this case have acted? In my judgment, when he had reason to suppose that arsenic had been found in that human stomach, calculate he would
 have said to the opposing counsel, sT find ar -l1us-- q