Morning journal and courier., 1880-01-16

I say that on the Sunday after they came home Susan said so. I do not understand they were all pleased with all the declarations Susan put \ into the mouth of the dead girl This should be considered by the jury with reference to | Mr. Hayden having had anything to do with that girl being in trouble, or that he knew she was, or with her taking of, but merely to ex- plain those acts they were contemporaneous with. The writing of the letter was admitted | for tho purpose of showing intimacy not 1m- proper, but such relations as show it possible ! for her to write letter to him on some sub ! ject. The weight to be attached to 1t IS as ii should write letter to client in New York and he showing it would claim 1t as showing the relations between him and me. Some say that she went to Hayden's house 1 Sunday; some say she didn't; don't care if she did. Henrietta Young, the two story wo- man, says she saw her; Mrs. Luzerne Stew ems says she saw her, I don't think it wrong for a girl to go and see her pastors newly l born child; so shall cast my vote for Susan
 this time and say Mary left the house at an early hour. Mrs. Hayden sympathized with the unfortunate girl, partly because she was unfortunate bless her for it-and she wanted to see the child. Is the hus- band of this woman to be hung because Mary brought the ugly boy. home, and be- | cause she went to draw some comfort in her distress !? But the State say you must read between the lines. She thought she was in
 trouble, because she went to see Mrs. Hay den and tried to see MT. Hayden, but couldn't. Didn't she know MT. Hayden wasn't there The State say she was familiar with the house.
 She knew his habits she knew he had been preaching in South Madison for year or more; she knew he wasn't there she had been a servant in the house. But they say she went again because she hadn't seen Mir. Hayden. About ten o'clock her father sent her down to Stevens for butter. 'tThere is no dispute about 1t. he did" says the State. stBut look between the lines." Although her father sent her for butter she went somewhere else This is as absurd as the other. .Impelled
 by sense of filial duty she went on the er- rand. She wasn't sent by her father to see Hayden she knew he wasn't at home at that hour. pray not to visit upon Mary the many foolish and wicked things this half sister Susan has stated she did. She didn't get the butter and on the way back she stop ped at Hayden's to rest. These attacks upon this man show how hard driven some one is to prove somehow or other he is guilty. Mary's father said, "Stop at MT. Hayden's and get the rake" Sometimes things happen
 to fit their environment. Aren't these sufi- cient motives for her visits P
 Have we got to supply a private motive
 when there is one already existing the only
 natural and true one.
 Now want you to bear with me as review the Gibbs transaction. Give what degree of
 credence the testimony of Hayden deserves, but don't throw it entirely aside In that house
 was Mir. Hayden, Mrs. Hayden and her young
 child. MT. Hayden had just put up his horse
 and sat reading his paper. Now I don't be-
 ieve Mrs. Hayden invented these facts Mary
 came to the door; MT. Hayden got up after
 the usual salutation. Mary says: ''Father
 wants to borrow your rake." He says, 'sYes, you can have it." He laid down his paper and Mary took the baby from Mrs Hayden and sat
 down with it. Both MT. and Mrs. Hayden testify to this; and Mary herself would say so if she could look down from heaven. He went to the barn and got the rake. Mary saw him coming back and said ''Mr. Hayden's com ing; what shall do with the baby7" She said put it in the crib and she placed it there, stepped out on the veranda, took the rake, said "Are, you in a hurry for it," or some such thing, and passed on. Now, gen tlemen, this is true, or Mrs. Hayden is the fend that very learned friend suggested upon one memorable occasion which you and re- member. Did Mrs. Hayden and Mary rise and go to the door together as he came from
 the barn? There is no doubt about it. If I allowed myself to stand here and argue that Mrs. Hayden wouldSnot commit perjury, I would have less respect for myself than now. Perjury2 Thank God, you have seen her.
 Read it in the hneaments of her face? You might as well read Hebrew there. I beg her pardon for discussing the question. If she is honest, gentlemen, the States case falls. That meeting was indispensable to the events of the succeeding day. Credit the story told by that honest woman and I care not what you think of the rest of the case. You are rele- gated not to the realms of fancy, but of guess ing. I am sure you won't guess that the State has shown such 8 meeting, when they have raked and scraped all the male and fe- male Luzernes they could find, and couldn't show it.
 We'll, if Hayden went to the barn and got the rake while Mary sat with Mrs. Hayden holding the baby, the case falls. But the Gkokn o1a ak~,ik
 leave the girl there for Rachel and her daughter saw her go. There are two witnesses who saw her go and-two that didn't. The daughter who refreshed her mothers memory
 was the same elongated female who saw Mary
 at the house Sunday morning. She may be called the watch-tower of Rockland. If she had happened to see her it would not have
 been impressed on her mind 1t was trivial. Now I think that the story has. never existed fifteen months. That story was never men,
 tioned by Rachel and her aughter.
 I do not want to say, gentlemen of the jury,
 that that old lady said what is not true, nor
 do want to say that the younger elongated
 female, her daughter, did, and think can see an explanation which perhaps relieves the
 case of that trouble. That they are mistaken
 there can be no doubt. Why, I will tell you. I won't spend any time on the Instructions of
 the line of sight, but ask you, how high up
 Buffers line of sight was from Stevens win
 dow to the hole in the barn It would have gone way over the top of the barn high up in
 air, and struck somewhere down in the town.
 But say that two persons sitting at that table
 in Stevens house could not have had the
 same line of sight. Two could not sit ex-
 pressly perhaps watching that hole. There
 was the lilac tree in the way and that fruit
 tree, which at that season of the year were in
 foliage. There was small tree in the way,
 remem Der seeing it myself.
 Mir. Jones-It was locust tree.
 Ruk T ko kIn,
 ity of these ladies. The next morning Mary
 made another visit to the Hayden residence
 I do not remember that my friend, MT. Wal
 Ter, had the audacity to say that that visit was
 made for the purpose of seeing Hayden. But
 the next morning she went down with & hay
 fork. That was Tuesday morning about
 o'clock. She brought the fork, or farming
 implement, and very likely this lady and her
 daughter could not distinguish it from a rake
 l will say now, gentlemen, nothing remains
 of this question, whether Mary thought she
 was in trouble when she had that alleged in-
 terview, so there has to be another This
 tumor was about as big as the top of my little
 finger on the ovary; it was on one or the oth-
 CT. Experts differ. They went up there on
 the 11th of September and dug up the girls
 body, for the first time they say. So far as
 know, perhaps it was the first time
 when buried, and on the 11th, when
 possibly dug up for the purpose
 of putting in something like what they had
 learned Hayden had bought. I do not know
 whether it was so or not. do not know.
 You gentlemen, do not know. You cannot say that it was impossible. do not want to
 be understood to imply that Dr. White would do such thing as that, or that counsel would,
 but if anybody in that community guilty of that terrible deed heard that Hayden had
 bought arsenic, that person might have put arsenic in the body. But they say the tumor killed Mary, made Mary think she was preg- nant, she got Hayden to think she was, and he up and killed her. tell you, gentlemen, that two learned men like Drs Jewett aud
 White are incapable. in my judgment, of in tending to falsify or say anything to convict man who is innocent, but they attached no importance to the tumor when they were testifyfng in the trial at Madison. Jewett then took no note of the condition of this girls internal organs. White was there to assist, and Jewett, under direction of White, wrote down the items. Afterwards White, the 14th or 18th of the same month, Sunday-no, he repudiated the idea that it was asSunday-White says: s'Jewett, come down here; I have found something !" don't say he had found it before But they kha