Morning journal and courier., 1880-01-17
LOCAL NEWS.
ysr ,thsr Local News see seOOndsPas'
The Hayden Trial.

The HaYUOu IEAtAA.
 r.. rp,m~-ro nr Chief Tustbce Park. GENTLEMEN or THE JURY:
 You will doubtless be fatigued during the remarks that may be made, and you are there- fore at liberty, nt any time when you become SO, to resume your seats.
 Gentlemen, we are at last approaching the end of this long protracted and exceedingly impartial trial. For weeks and for months we have been diligently investigating the facts of this case in order to ascertain what Is the truth regarding 1t. It is said by the public prosecutor that one Of the most brutal and barbarous murders that can be found In the annals of crime has been committed, right here in New England and in ths broad light of day, upon young unoffsnding girl She left her house. it is said early in the af- ternoon of the third day of September, 1878, to go short distance into the woods adjo1n- ing her fathers house and return again; that she there met her assassin, who most cruelty and feloniously murdered her, without provo cation and without excuse of any kind what soever. If this be true all lovers of law and or der-all those who have regard for the welfare of society and personal security, which is far more valuable than any other blessing which can be enjoyed, and without which all other blessings are worthless-would rejoice throughout this State and throughout the country if the perpetrator of that foul deed, whoever he may be, shall be brought to jus- tice.
 It is said that you have before you the au- thor of this great crime, and, however the fact may be- you should come to the consideration of this case free from all prejudice, free from all bias, either for or against the accused, and be governed solely by the law and the evil dence you have heard in court, so that in the end you may be able, in the language of the oath you have taken, ''a true verdict give" This is no place for vengeance. This IS no place for evaporation. Neither Is 1t any place for mercy any place for compassion; any place to have the judgment swerve from the truth by any feelings of sympathy. These God like attributes, mercy, compassion, sym pathy, belong to another department of the government, and at proper time and on a proper occasion they will have their proper influence, but they have no place here. You are bound by your oath, and by every con sideration which is held dear aAd sacred, to declare the truth as you shall find it, and with out fear or favor of any man. You stand be- tween the living and the dead, between the State of Connecticut and the accused, and before God you are bound to make true de- iverance in the case.
 The law is exclusively solicitous that no innocent person shall be convicted of crime. and to this end it has provided such facilities for their escape that in its wisdom it deems ample for the purpose. But while the law is thus solictous for the innocent, 1t is equally solicitous for the well being of the living, to shield them from assassination and violence and all manner of crime, and to this end it designs that the guilty, whoever he may be, shall never escape the punishment of whatever crime he may commit. The door Is opened wide for the escape of the innocent, but all avenues of escape to the guilty are closed up as far as possible. Justice for them has keen edge, and it cuts and cleaves without mercy or compassion, not vindictive- ly, but because the salvation of life, and prop erty, and every blessing that can be enjoyed imperativeIy demands that it be done.
 Gentlemen, 1t is solemn business you are transacting here to-day. It is solemn in every view of the case. It is solemn to the public, whose protectors you are, as well as to the accused. It is solemn to the relatives of the dead as well as to the relatives of the living. It is solemn at all times, to sit in judgment on prisoner at the bar, even when his liberty for term of years is only involv- ed but far more solemn is it to sit in judg- ment when his life Is brought in question. In this business you are now engaged, and what ever may be the result of your deliberations, the court has the satisfaction of knowing that hitherto the accused has had full, fair, and impartial trial. The learned counsel who have conducted the cause have performed their full duty with great ability, to the gov ernment on cne side and to the accused on the other. Hitherto justice has been done in the case, and it behooves the court and jury, to whom the remainder of this trial is now committed, to see that justice does not suffer at their hands.
 You have your full share of this responsi- bility and the court prays you to be governed in all your deliberations of the case, solely, entirely by the law of the land and the evi- dence you have heard in court, and never permit any other considerations whatsoever to have the least influence upon your judg- ment. By so doing you will be able to rem der just and righteous verdict in the case, to the great satisfaction of the people of this State and country, and your own consciences now and hereafter.
 You will, trust, SO come to tho considera- tion of the case we have now in hand. The grand jury of this county have found a true bill of indictment against the accused, charg- ing him with the commission of the great crime of murder; murder, it Is said, which was wiIlfully, deliberately, and premeditatedly committed upon the per- son of Mary E. Stannard of the town of Mad ison in this county, during the afternoon of the third day of September, 1878.
 The accused has been arrajgned at the bar of the court, and has said that he Is not guilty of the grave otfense, and it is for you to de- termine by the law and the evidence you have heard in court, whether he is or is not guilty of this heinous crime thus laid to his charge. Murder is defined to be when a per- son of sound memory and discretion unlaw- fully kills Q reasonable creature in being, and In the peace of the State, with malice afore- thought, Malice aforethought is the
  It distinguishes it from every other species of homicide, ard should be made clearly to appear, for it is indispensably nec- essary to be proved: Malice is not restricted to spite or malevolence toward the party slain in particular, but 1t means that general ma lightly and recklessness of the lives and per- sonal safety of others, which proceed from a heart void of just sense of social duty and fatally bent on mischief. This element in the crime of murder is essential in both of the -A- D. GL- L. up to a recent period, all cases of murder were of one degree. They were all classified together. Although many cases might have been selected of far more heinous character than others, still the law seemed to regard them all of equal enormity, and punished them all indiscriminately with death. But now the crime of murder is divided by statute into two degrees, viz.
 Revised Statutes of Conn, 1S75 Title, 20, chapter 2, section l. "An murder, perpetrated by means of Se S 9g a % Ta or R s9y 9hss kind Of
 ttted in perpetratng in attempting to perpetrate deF in the rst degree and all other iinds of murder shall be murder in the second degree and the degree ment; but the jury, before any person indicted for murder shall be tried, may be found guilty of homi- convicted by confession, the court Shall examine the witnesses to determine the degree of the crime and give sentence accordingly.
 The degrees of murder differ In the degree OA AhuCo ooLOAStAoukub hSCSSSs1ry IO COuSLl- tute the crime of murder. Murder in the first degree requires more deliberation, more reconciliation, than are essential to constitute murder in the second degree, and consequent ly is more maliciously committed. "All mur- der which shall be perpetrated by means of poison" says the statute, ''shan be murder in the first degree" It is easy to see that the crime cannot be committed by this mode without mature deIiberation. After the mind Is made up to commit the crime the poison must be procured. An opportunity must be sought and found in which to administer the fatal drug. During this interval the would be murderer has time to pause and consider well the act he is about to perform. And such Is the character of the other modes of mur der which come within the first degree, un- less the deed is committed in perpetrating or attempting to perpetrate some one of the crimes specified in this statute. The statute selects the most heinous cases of murder, and puts them in the first degree, and punishes those who commit them indiscrimin- ately with death; while it leaves all other cases of murder in the second degree.
 To constitute murder, therefore, in the first IL A | 5.IsN A. e.