Morning journal and courier., 1880-01-07

as far as my experience goes, never get.every | word bat is uttered, but oside from that the ! introduction of the notes themselves is inad. \ missible and in violation of the rule that pa I pers written by tEe factors or agents of coun- | gel or any notes taken except officially are improper evidence.
 Further about the Notes.
 The court allowed that witness might re-
 fresh his memory. Witness said he could not 1 give the exact words without reference to the
 notes, but could give the exact words by ire quent reference to them. The court thought frequent reference proper. MT. Watrous l thought that might be construed to commit
 tai to memory of passage by passage The court said it meant not so wide @ construction
 as that. Witness being asked said he was
 sure he gave correct verbatim report. He would not swear that he could repeat the | words of MT. Hayden exactly except by read | ing the notes on the point. EE Precedent at EHartROrd. The court said it recollected where bench of judges admitted notes when witness had
 sworD to their complete accuracy. MT. Jones answered that the same question l had been decided adversely in a recent case before Judge Hovey at Hartford. It was a l perjury case. MT. Hamersley, (State's attor- I ney, had sworn to the accuracy of certain minutes The court replied promptly that
 that was not permissible, that the question whether the oath was administered by Judge Eggleston could not be sustained except by an 1 averment that the oral evidence offered was
 based upon distinct, correct recollection. Judge Park thought that was not pertinent. In the case MT. Jones cited the question was question of simple fact In the pres ! ent case the court was inclined to think the witness might read.
 Witness then produced notes at direction of | the defense.
 MT. Watrous asked If the ruling admitted | everything in these notes.
 | hn said no hot cboH | for.
 MT. Watrous objected. We haven't got a | mummy or 8 dummy playing third or fourth | hand in this game. The witness should tes- | tify from recollection.
 The witness being asked by MT. Harrison to read the passages wished for read. Reading from the Notes. The question was asked-When yeu got to Stannards whom did you first seethere The answer is when got there or just before I | saw my little girl standing in the front door, | and she says ''Papa, want to ride," and
 drove on to the green plot and turned my wheel and they came out and got into the Y wagon. By that time Benjamin Stevens, Charles Stannard and Mary Stannard were at the fence, and turned to Charles and says ! Mir. Waller didn't want that point and MT. Watrous wanted 1t. 1T wish drink of wa ter" and he said he had some water but he thought it was warm.
 Judge Sanford Is this what was wanted MT. Waller-Noi Your Honor Mr. Harrison-H the defense want to take | it all down we will agree.
 Witness-He (Stannard) says come in and see and followed him into the house through the kitchen into the buttery.
 Wait, wait, said Mir. Watrous1 Mir. Harrison told witness to turn now to | the point sought by the State. MT. Watrous objected. He liked the evil
 dence and wanted more of it. (Laughter.) MT. Harrison directed witness to turn to | the point the State selected.
 Witness-The question was 'tDid you men ! tion when you stopped at MT. Stannard's ! house where you had been?' The answer to it was, ''I didn't remember ! that did"
 [Go on, sir, added MT. Harrisonl @
 Said nothing about being to Middletown, Durham or what you had got ?" T don't have any recollection of telling any thing of the kind"
 ''And you saw no one on the road from Durham to Stannard's P
 The reply was, 'tI don't remember" Did you tell any body that you had been to
 Durham or Middletown? The answer was, ''No, sir. I don't think did" MT. Harrison (to witness, this part being done) Ills that you have just read true ?' Witness-It is to the best of my knowledge
 and belief. Witness was now directed to turn to another part.
 Witness now read that Mr. Hayden said that MT. Davis, when he came to see Mr.
 Hayden the day before the murder to get him to do some work for him, met him at the tur- nip patch. In the recent testimony the testi- mony was that the meeting was in the Hay
 den house.
 Cr0Ss-Ex amimed. Mir. Watrous-Who employed you? :? Wit ness was reluctant to answer directly and said
 he wished to explain. Mr. Watrous insisted
 upon direct answer: Witness being observed
 to be writing, MT. Watrous called him to task
 and objected to waiting for such perform
 ance. Witness replied that Mir Zacher first
 saw him on the subject of employing him.
 He had taken @ part of the Susan Hawley evil
 dence. MT. Watrous said he (witness) needn't
 be particular as to exact quantities. Witness said, no, he did not take Ben Stevens testi-
 mony. Witness was now interrogated to test
 his memory as to it's exactitude as to certain
 points. MT. Watrous inquired of witness.
 with raised voice and some asperity and ab- ruptness, owing to a seeming apprehension that the witness was either trying to dodge the issue or was unnecessarily particular and precise or formal. Witness had been uues
 toned as to what was intended by memory,
 having been asked as to his memory as to the
 feat performed by the Hayden children in getting into the carriage" or whether one or
 both of them got into the carriage. Witness thrice asked the counsel for definition of memory, the request creating much amuse- ment. Mir. Watrous thrice repeated the in- quiry if witness recollected from unaided mem- ory anything testified to at the first trial MT.
 Waller appealed. The court said that if the witness remembered he might say so. It was a simple question. MT. Watrous being thoroughly vindicated said the object was to show the un- reliability of the report as to this little matter of the Hayden children getting into the wae- on. It was preposterous to suppose that MT. Hayden sat in the wagon like a lubher and allowed those children to climb in the best way they could with their feet among the tRGLsS' tlon. "f' "A'F00' no" repeated the qusS-
 Ans-Yes and no. (Given with emphasas and much deliberatfon.)
 MT. Watrous, with wrath-we1l, I'll take the latter and let you go. (Laughter.)
 MT. Waller-You want to incorporate your poetry in your notes. Oaughter.) Witness was excused
 Hen Stevens and the Black Oak Club.
 MT. Waller, addressing the court, said Ben Stevens was too tired to be in court to day or the State would have put him on the stand for 8 few moments There had some matters come to his recollection about a stick which had been poked around in the pool of blood, and the State wished to offer that, and with that close it's rebuttal testimony.
 MT. Gilbert Stone recalled To Mr. Waller I knew about the lumber saIe No, sir. I didn't make mistake and say that the lum- Der was sold to Lemuel Scranton instead of MT. Smith. MT. Watrous objected MT. Waller said it was intended to show that Mr Hayden might have heard about that lumber contract from some one be- sides Ben Stevens MT. Stevens and Mir. Hayden's testimony cortradicted. each other, the latter saying that they talked about lumber at the Stannard door when he was just back from Middletown, and MT. Stevens saying he had no such talk with MT. Hayden. MT. Waller said Mir. Hayden put in a conversation about lumber to mak eout straight story, or SO as to show that Mary had time to get to the spring and be started on the way back. |
 Witness said he couldn't recoIlect when he first heard of the contract. He thought that Mr. Stevens didn't talk about the contract when he drove him to that place. Yes, sir, I l