Morning journal and courier., 1880-01-08

dress Al don't know, sir.
 Recess-COntradIcttn che Minister. Z.
 The preceding eyidence furnished slight
 topic for the throng of spectators during the
 recess.
 Mrs. Katie J. Futile was sworn To MT.
 Hubbard-Am the wife of John H. Futile,
 attorney, of this city. Know Rev. MT. Gibbs.
 of Rockland. Mr Gibbs was at my house
 sometime last winter. Other families reside
 there. Tt was in the apartment of Mrs.
 Couch, sister. Had conversation with MT.
 Gibbs there Mir. Gibbs said he had been ! subpoenaed for this trial Git was in January ! Iast) and that he didn't want to testify because
 he, wasn't positive what time Mrs. Hayden
 said it was that MT. Hayden went to the wood lot. He said he thought MT. Hayden was
 guilty and he said he hoped he'd be strung. He had been talking about the case generally. In the afternoon he came and conversed with
 my husband. was there some of the time
 and heard nearly all that was said. was
 absent but moment; that was all
 i Mr. Hubbard-TelI us so much of it as you
 heard. Al can't. He talked as much as an hour about the case.
 l Q.-Well, tell us what he said on this point? Ale said he wouldn't have thought Mir.
 Hayden guilty if he hadn't known MT. Hay den and heard him talk MT. Jones-Wait l a moment Yes, sir, he talked about Mir. i Hayden. Why, he said, as he had down
 stairs, that he thought Mir. Hayden was guilty because he knew him and heard him talk. 1 CrOss-Exannineds l To MT. WaIler-I live on Liberty street. Yes, sir, my husband is lawyer. Yes, sir, it was last winter this talk took place. MT. i Gibbs came down I think to see about the
 trial and stopped at his sisters nights. Yes, she heard some of it. can't say what part.
 I can't say positive she was in the room when MT. Gibbs talked about what Mrs. Hayden had said know she heard the other little part of it from what she said. She thought he was guilty, too. Sheriff sent to quell a noise or suppress comedy in the City Hall,
 the noise of boisterous laughing coming in at
 the windows. know she was there when he said he wished he could get out of testifying. No. he said half a dozen times he wished he | could get out of it.
 Q.-You think MT. Gibbs said it? Al know he said 1t. don't know positive wheth-
 CT his sister heard that or not. She was con- ing in and going out.
 Q.-What do you think she was doingP A.. She was washing dishes. My sister was clearing away the breakfast table, Yes, she had to go clear out into the hall in doing it. Q.-Was the stiffness broken except by this l conversation A.-There were three chil-
 dren playing around. I think the children
 were playing school. One is twelve years of age. She didn't want her children to hear
 about the trial They had their Christmas presents.
 Q.-She didn't want her children to hear
 this stuff about the trial? Oaughter.) A. No,sir.
 gifts? A.-Yes, sir. Mir. Waller-Nice chil-
 dren, weren't they? (Amusement.) Q.-Did she, that sister, hear her brother
 say that the reason he didn't want to testify
 was because not positive? Gould she have
 escaped hearing2 Al don't know. I
 think he said something about having to tes- tify on a bench warrant. think I got the
 phrase ''bench warrant from hearing my husband say that MT. Hayden was re-arrested
 on a bench warrant. I thought ministers d.
 ways told the truth. I am sure nobody heard | what MT. Gibbs said up stairs to my husband
 except me and my husband. Don't think any
 one could hear up two flights. Yes, told 1 Mrs. Cronan,- who lives on another floor, that | Mir. Gibbs said what he did. She said she gloried in his spunk.
 What was that said Mr. Jones.
 Mir. Waller-Gloried in his spunk. That
 was because probably it required some spunk for one Methodist minister to hold the opinion
 that MT. Hayden was guilty.
 Q.-Did you hear him give any reason why Mr. Hayden might be guilty? A.-Yes; he
 said he had heard Mr. Hayden use filthy talk
 Q.-Obscene talk? A.-No, sir; filthy
 talk
 | Further.
 Re-inquired of by MT. Hubbard-He came up to see my husband to find out if he could get rid of testifying. No, sir; I am not ac- quainted with Mir. or Mrs. Hayden. Have l never seen them except in.court twice. MT. Waller-Ain't this what MT. Gibbs said, that he wished there was some way that he
 could get rid of testifying because MT. Hayden 1 was a brother Methodist minister2 ? Al
 never heard him say anything about brother l minister, and the only reason he gave that I | heard was because he couldn't testify posi- | lively about what he was to be called to tes- tify to.
 | Mr. John H. Futile, husband of the last l witness, sworn.
 I To MT. Watrous-No, sir; my name is not I John Futile, Jr. My fathers name is John | Futile. To Mir. Jones-Yes, sir; am
 member of the bar know Rev. MT. Gibbs \ saw him at my home on Liberty street in Jan
 uary, 1879; live on the third floor in the l block regarded his visit as social call 1; I was sick at the time had never seen him before Mir. Gibbs in conversing about the | trial said, hate to go as am not positive about what I am to testify to. Then he l wanted to know if there was any way to avoid being called as witness. think then asked | hlm what ne was to toSvlLy CO, ana He SalO to contradict Mrs. Hayden in regard to the time \ that she testified her husband left the house l for the wood lot. asked him if he had seen | Mrs. Hayden. He said he had and had talked ! with her. He said that's it: hate. to be I called because I am not positive as to what | time she did say. Mir. Jones-Wait a mo I ment then asked him if he thought Mir. \ Hayden was guilty. He said "Yes, think he is \ and that he ought to swing for it." I think he ! used the word .'string." I told him if sub poenaed he would have to go that the only way to avoid it was to get out of the State or else commit suicide. (Laughter.) No, sir hs gave no other reason for not wishing to ' testify. am not acquainted either with Mir. Hayden or his wife. Have no bias. To MT. Waller-As to suicide told him facetiously the way did.
 Q.-You were lawyer and member of \ this barr A.-Yes, and an invalid Iaugh- Q-Not when you came into the barr A. Oh! no, sir.
 Q.-And clergyman came to you and you advised him thus, did you? A.-Yes, sir;
 that is general statement.
 Q.-And sir, did you not tell him it was his duty to appear, and if not positive to.say so ? Al told him he would have to go, and to avoid it he would have to do as suggested. Q.-And you as a member of the New Ha- ven County Bar, didn't tell that man that it was his legal duty to obey the subpoena, but told him as you did :? A.-Yes, sir. Q.-Did you not know that he was a Meth odist minister and coming from the village where the accused came, and do you not know that he asked you to get relieved from testify ing against brother minister? A.-No, sir, not as to the last part, but it might have been implied. If he was anxious out of regard for the cloth it was not spoken, but it possibly might have been inferred from his desire. I am sure he used the word ststrung' not s'swing." told this, what passed, to re. porter first. I don't see him here. He be- longed to the Register. I thought the minis ters name was Page. had talk with Mir. Zacher after that not about this, however, didn't.
 Q-Mr. Zacher couldn't fish it from your pond and MT. Hubbard could Were you sick A.-No, sir DO more than you are. Mir. Waller-Thank you, sir then you are in robust health. musenent.1 Witness-I told 1t, the story, to several others.
 To MT. Joness-I answered Mir. Zacher cor rectly. His questions were out of the way and could answer directly Did not ayade