Morning journal and courier., 1880-01-17
Waiting For the yertiict. ]


 with him the family group which has sur rounded him during all the long trial But this time the sea of faces showed an expect ancy and interest not before evinced during the long trial of the case of the State vs. Herbert H. Hayden. The day had come at last for the final work. The arguments over and the brilliant argument of Waller and the splendid plea of Watrous were past. It was the day of moment, to which all the long struggle had been tending, and perhaps the day when the climax would be reached. In view of the tremendous crush of the preced- ing afternoon, and attendant excitement if nos danger decisive steps had been taken to pre- vent repetition of the situation, and the multitude was kept outside the building with detachment of police on duty to prevent confusion when the doors were opened. By this arrangement the court room was filled in an orderly manner and without an iucipient riot. The prisoner and his family bore evil dences of deep anxiety, and nervous agitation was frequently visible. Mrs. Hayden held in her hand fine bouquet and gave sympathiz- ing glances toward her husband, whose fate now was about to hang in the balance. It was noticed that she conversed with him earnestly as if offering words of encourage ment. The prisoner had dark rings under his eyes, and appeared as if he had passed g night of sleeplessness and great anxie- ty. Judge Park addressing the jury bade them rise, and the jury being ready, the charge was delivered. It will be found on another page. The charge gave intense disappointment to those who had sympathized with the prisoner. The drift of opinion was almost universally that the chances of the prisoner were very much less ened. Speculations and opinions as to the result were rife. The prisoner himself, whose face had worn 8 hopeful aspect all through the long contest, now gave evidence of in tense anxiousness. The charge was finished at 11:55 o'clock. MT. Waller at once asked, 'sWill the jury retire now p
 Judge Park said, 'SThe jury will retire; , and Sheriff Byxbee escorted them into the jury room. Judges Park and Sanford retired to their room, and exactly at noon began the waiting for the verdict. MT. Hayden and his who gathered around them. The throngs in the court room remained and general sociality was indulged in, and this was the order of the day thereafter hour after hour. As time wore on and the jury made nc sign, disagreement of the jury was the pre- vailing opinion. At o'clock recess until 2 o'clock was ordered and the court room or dered cleared. In another part of the build ing was an array of sandwiches, oranges and oh ,iaH fn 1,v,& &Ia to the court room, and the jury then took dinner. At 5 In the afternoon the scene wal unchanged, except that some new faces re, placed visitors who had gone. The numbers were undiminished. Out in the chief ante. room sat Mir. Jones, alone most of the time and moody, wearing tired countenance and wearied appearance. Lawyer Hubbard cir culated about here and there, now sitting amid the throngs and chatting, or of in the State Attorneys room, where reporters were wrap ped in attention in copying the voluminout and extensive charge of the Chief Justice. This was in his handwriting and lay spread
 before them, filling one of the yellow covered
 blank books of the court and 8 considerable
 portion of another. MT. Waller and coterie of friends sat chatting near the lawyers table, and Mir. Harrison was occupied in talking
 with one friend and another, or moving about engaged upon business matters. Mir. Watrous who had been absent most of the afternoon
 appeared to view, entering at the judges door and taking seat of one of the judges sport lively called the assembly to order. A general clapping of hands broke forth and quite an ovation of applause altogether, which the sheriff in the discharge of his official functions repressed, also enjoining that there be no rep. etition of the offense under pains and penal ties.
 At II o'clock p. m. the court room was still
 thronged, and if the room had been many
 times larger it would have been filled. Hun dreds sought application for admittance fol whom there was no room. Two police officers were on duty at the outside door of the court
 building, preventing the hallway and Hobbies from becoming crowded and affording free
 passage way to the court room. Among the throngs inside were many well-known and in. duential citizens and many ladies. A lively hum of conversation pervaded the assembly. Sociality and subdued merriment reigned. Messrs Watrous, Jones, Waller and Harrison sat in the open space near the lawyers table, chatting, and were visited by many gentle men. The space in the rear of the room and the aisles were so thronged that 1t was with difficulty that passage way could be ob-
 tained. Newsf from the jury room was await ed with intense interest. No sign was given. Occasionally some unusual shuf1ing or other noise turned all eyes to the jury room door. Nothing was heard from the jury, however, all that long interval from 12 m. until twenty minutes past Il. Then the judges entered. In the twinkling of an eye every voice was hushed and dead stiffness reigned. MT. Waller advanced and whispered moment privately with the judges. Then piece of paper was
 handed by Judge Park to MT. Waller, which he read. Messrs. Watrous, Jones, Harrison and Hubbard were now with him near the judges. They ran their eyes over the paper. 4 word WAS passed and the Chief Justice directed Sheriff Byxbee to speak to the jury. loud rap was heard upon the jury room door, as if the jury were waiting for an answer, or all ready to appear. MT. Byxbee called for Dep. uty Stevens. MT. Stevens appeared pushing and working his way through the aisles. The bucHAA AoA SOA0 " SAA0 Jury EOOAu uOOE. NIT. Stevens arrived, was sent away, and hastened back, going to the door. The crowd gave way and whisper ran, he is going to bring in the prisoner. In a moment or two Mr. Stevens appeared and behind him entered Mr. Hayden, his strong and vigorous body still keeping him up, but his face showing signs of great fatigue and anxiety .and being deeply
 flushed. With head slightly bent he took his seat. Another loud rap was heard at the jury door. Judge Park directed that the jury should enter. MT. Brotherton, of Milford, the fore man and postmaster of Milford, led the way. The jury being seated, amid . stiffness like the grave, Mir. Waller approached and asked the judges something in low tones and having retired, Judge Park made answer to the jury's request for instruc- tions, which was what was embodied upon the piece of paper the lawyers had looked at.
 The Jury's Question.
 D Tho paper from the jury was as follows:
 Has the State got to prove by direct evidence that the accused and the deceased had opportunity to have sexual intercourse