Morning journal and courier., 1880-01-09
The Hayden Trial.

The defense were quite satisfied with the re- suit of the days, testimony.
 The court opened yesterday morningat 9:15 o'clock, when the evidence in sur-rebuttal was resumed
 The first witness called was Mrs. Talcott Davis. In reply to Mir. Hubbard witness said: I was at MT. Hayden's house on the Friday after the homicide. saw Fillmore Scranton passing on that day and went out and spoke to him. He came in. I. heard him say at that time that when he got to the body Mary's clothes were ''way up."
 On the cross ss-examination, witness in reply to MT. Waller said she WAS certain that Scranton said her clothes were ''way up." He might have said 'tclear" up. It was either one way or the other.
 Seymour Tibbals was next called. In reply to Mir Jones, witness said: When took pos session of the Hayden house in September, 1879 I found three boards there nailed togeth, CT with 8 club at each end. They were old boards. found them at the north side of the shed. examined those boards and found nail holes in them, and nails.
 Mr Jones-Where are those boards now2
 A. sawed them up and used them to fix my horse stable. This was last October.
 Q. Have you any personal knowledge where those boards came from?
 A. No, sir, I have not.
 0. You live directly opposite Luzerne Stevens2
 A. Yes, sir.
 o. Are they relations of yours?
 A. Yes. Mrs. Stevens is sister of mine.
 o. Have you looked at the ciringo bush in front of Stevens recentlyp
 A. Yes, sir.
 O. Did the bush look as though it had been trimmed up recently?
 A. It looked as though it had been trim med within year.
 q. Did you examine the hole in the barn spoken of, as to its size?
 A. Yes, sir. It was two feet nine inches one way and three feet six inches the other way.
 o. Did you cut out the piece of girth and did you examine it to see if there was any hair upon it?
 A. Yes, sir. I did not find any hair upon it. have the piece of girth in court. (Girth produced and shown to jury. three feet six inches from the floor, that the jury might see the height of the hole through which the ssfour year old COW" passed.
 o. You were at the Madison trial and heard Luzerne Stevens testify2
 A. Yes, sir.
 o. What did he say about MT. Hayden saying that he went to the wood lot about o'clock?
 Objected to by MT. Harrison on the ground that it did not rebut anything introduced by the State on rebuttal.
 MT. Watrous replied briefly. He said he felt very sure that Stevens, at some stage oi his evidence, denied ever having said that hs saw Mir. Hayden about o'clock on the day of the homicide.
 Chief Justice Park said they thought tn. evidence was admissible as showing the talibi. MT. Jones-Now, MT. Tibbals, tell us wha Lnzerne Stevens said as to seeing Hayden or the day of the homicide? A. He said he saw MT. Hayden three time Said the last time was about o'clock in tn, potato patch. The time before was about : o'clock when he said he saw him going ul the road with his children. He said the frs time he saw him was about Il o'clock whel he saw him drive into his yard. Cross examination by MT. Waller. MT. Waller-What day was it that Luzern Stevens testified at Madison? A. I don't know. Don't recollect the ds, | of the month. Don't recollect who testifie, before him or who testified after him. Thin l he was questioned by MT. Harrison, but won | swear to it. Cannot tell how many justice were sitting back of Justice Wilcox. I wa | standing and leaning against pillar. Did no read an account of the trial ct South Madi son.
 | o. When was your attention first called t what Luzerne Stevens had testified to il court.
 A. It was last week. Mr. Hubbard spok | to me about it, in the lobby of the couI | room.
 Q. Can you tell any person that you spok ! to about Stevens evidence within twelv | months, or ever, aside from MT. Hubbard ? l Witness did not reply. o. Now, these boards that you found wer
 not in the hole in the barn, were they3
 A. No, SIT, I told you they were on tn
 north side of the shed? l o. Now, can you tell us any reason why, if
 man wanted to stop hole in barn, heshoul fasten them together with 8 elect befor ! placing them in position l? A. No, sir, unless he wanted an air hole i | the summer time.
 | Mir. Waller here asked the witness to mari | out the size of the hole in the barn througl
 which the COW was said to have been taken i
 and out of the barn by Luzerne Stevens
 There was considerable cross-iring betwee | the counsel and witness as to the possibilit
 of getting the COW out of the hole. Witnes persisted in saying that he did not believe th
 COW could be taken in and out of the hol
 without "scraping her back" MT. Jones-Mr. Tibbals, do those two marH
 you have made represent the comparativ
 difference in size between the COW and tn
 hole
 A. No, sir.
 Henry Fl. Wright was next called. In re ply to MT. Hubbard witness said he hear
 Luzerne Stevens testify in Madison. He sai
 that he saw Hay den at II o'clock, at 2 o'cloc
 and o'clock on the day of the homicide
 When he saw him at 2 o'clock he said Hayde
 came out of his gate and started up the road
 Mir. Waller-Who have you told previou
 to this, about Luzerne Stevens testimony?
 A. have told my wife, my hired ma | and Rev. Mir. Knowles. | o. Where were you when you told MI
 A. was on my way home from the Mad
 son trial
 Sherman Buell. was next called and corrobo
 rated the previous two witnesses in regard t
 Luzerne Stevens testimony at Madison as t
 the time he saw MT. Hayden on the day ( l the homicide.
 1 Timothy A. Dowd was next called, and ii | reply to Mir. Hubbard answered similarly
 the witnesses immediately preceding, as t l what Luzerne Stevens testified to in Madison A recess was ordered at this point, whicl 1 lasted about thirty minutes. After recess John s. Hough was called, an | in reply to Mir. Hubbard said he was in Madi
 son one night and two days during the tria l Luzerne Stevens is my uncle. He stayed $ my fathers house the night that was home 1 during the Madison trial. heard MT. Ste1
 ems say that he saw MT. Hayden on the da | of the homicide about Il o'clock, again at l o'clock and again at o'clock. Stevens sai
 that evening in talking about the case that | proved an alibi for Mir. Hayden all but tw | hours.
 On the cross examination witness said tha
 he had talked with his father and mothe about what Luzerne Stevens said. They sai they could not swear that Luzerne Steven said what have stated. Said he did no make an effort to have his father and mothe remember as he did about Stevens testimony Had talked with others about Stevens state | ment.
 The next witnes called was Michael Gun ningham. He testified that he was in Rock land on the day Of the homicide. Rode ol that day with Charles Scranton from tn l Stannard house down to the corner. Thinl Charley was going down to Henry Stones MT. Hayden and Luland Stone were in tn wagon with us. guess Mir. Hayden stoppe, 1 at his house. stood up in the wagon hold l ing on to the seat. MT. Hayden had on 1 white shirt, vest over it and no coat an | sure it was white shirt.
 On the cross-examination witness said h, was 16 years of age. Was asked about tn, shirt, about week ago last Sunday.
 MT. Waller-Who asked you about tn shirt | A. Charles Scranton askedmei if remem bered that Hayden had on a white shirt. H