Morning journal and courier., 1880-01-15

9aUKM g5aaAg g fact that Hayden purchased arsenic in Mid dletown. For what purpose Take the case and look at the mans conduct. Does it look like impropriety Hayden couldn't have conceived of buying the arsenic before the advised him to buy arsenic to rid himself of rats, with which his house was infested. He couldn't have contemplated killing the girl two weeks before acquainted with her symp- toms as claimed. No one disputes that his hense was overrun with rats. Take that ques. tion into the jury room with you. Let us not weary you. But take Haydens conduct. DeviItry will show itself if it exists. Is it said, why didn't he buy it ct Madison? How in the world was he to know 1t was there for sale2
 If going to take that girls life he would have done it in the most clandestine manner possible. Now, there were six drug stores in Middletown. He goes right into the promi- nent drug store in broad daylight, where he was known. No, he would have bought 1t as secretly as possible. Brother Harrison said why didn't he get the tools when in Middle town. Now, beg of you If he was at Mid dletovn on this internal errand, what would he care about tools? beg of you, MT. Fore man of the jury, if man were planning 8 murder, would he stop as naturally as possible to talk with neighbor, & charcoal burner if you please, while on the wasf2 See the man. Hayden has affection for his children. Notice him just returned from the internal errand, and his complete repose. He dandles his children upon his knee. He indulgas in their innocent frolics. Did he keep it secret from his wife? It was because of the humanity of his heart. I have kept secrets from my wife, and for nothing bad. Take another case. Look at the secret kept from the sick wife, the dreadful secret that her husband lay dead in the next room,-kspt from her in mercy. The State is straining at gnat and swallows 8 woodshed. Did you ever buy any gunpow- der or any Paris green and put them in 8 box? Wonderfully suspicious. Any one may do it and murder be going on in the same neigh borhood. Is the man a murderer? How things can be magnifed. Hayden isn't fool. They say he is an educated man. No educated man put that arsenic in her stomach. The dose betrsys the hand. It was that of an ig- norant man.
 I don't want to forget Wilcox. wouldn't for the world. (Laughter.) He said Hay den's arsenic weighed 1 ounce 46 grains, and that he bought ounce 38 grains. It is 8 lit tie circumstance. They say new arsenic was put in the barn. Now the State shines out in all it's glorious briliancy. They trot out Gen eral John Wilcox. I don't know how he got the title. He is professional detective. hate that title because synonymous with one that don't sound well. He spent some little time here. He couldn't live here long with out being found out. He says he saw no ar- senio on the girth. believe that is purely coined, manufactured lie, or else General Wilcox differs from all the rest of creation. That testimony just filled Q niche that was wanted by the State.
 You've seen the States right bower Hull, and this one and that one. When did Wilcox first tell it? week ago last Thursday, and it
 evidence the State had been wanting for whOla year Was if coufrivad roeas ha-
 tween him and Hull? He made visit to the
 barn to post up so as to testify. His testi- mony is about the smallest hole I have ever seen to creep out of, smaller than the hole in the barn. MT. Jones cited discrepancies
 which disagreed with Wilcox's evidence. The Letter.
 Now the letter written to Susan Hawley. Mark you, it is not letter Hayden ever re- ceived, but the inference is drawn that the letter enclosed in the Susan Hawley letter was to Mir. Hayden. I am assuming it was Hay den. (Mr. Jones to one of the jury.) Sup posing girl up in Norfolk dies and in her trunk is found letter addressed to you. An inference is drawn from that letter presuming an intimacy, and you have never read the let ter, it is nothing that you have read yourself A letter is written to John Doe, perhaps for one purpose or perhaps for another. It is written perhaps for blackmail or for what not. The girl dies. There is the letter addressed
 
 ference of criminality or intimacy with that girl? Certainly it is very weak evidence. Now there are three important questions and | with regard to this letter. First, was that letter ever written by Mary in fact? Mary was in the habit of receiving letters. Now 1t ! is passing strange that nobody has come for ward to show from anywhere except Susan l Hawley that Mary wrote that letter. We were refused Susan's handwriting. We could not obtain it. We thought it little unfair if l they were seeking alone for truth, that l counsel here should have forbidden
 was hardly fair and little strange. When you get in the jury room you will see the name It is not spelled right. Mary's name
 is not spelled right. Isn't it to be supposed that she would spell her own name right ? She could write. Again is it strange or re- ten to the pastor as pastor, in whose family ! she had been protected and cared for? Take Hazen or Hazlitt. We have the evidence of a
 merchant that his name was written Has Ley. Take the address on that letter. You will see
 1t may be
 Hay or z-b or l-ey.
 The jury cannot refer to the fact they cannot from the letter infer guilt on the part 1 of Hayden.
 The Knife.
 Now was there blood on the knife There ! is nothing in that. There was some on the little blade and little on the handle and none on the clothes-human blood. If so it is noth- ing strange. Hayden's finger was cut and there was blood upon the knife, just what you would expect to find, and an infnitesimal portion. Where are those knives to the sheriff. Washed out one might ask2 If washed while the blood was fresh 1t would get out of that crevice. From the noise made at the Madison trial why you would have sup posed 0 quart had been found. If criminal sko xuTv m hava f0rInd Ina krifa in hic pocket Why, 8 man committing such 8 crime would have put 1t in the bottom of a well as in the case of the Billings gun, or any where. Why, had the knife once in my room over night and it made me fidgetty about it. Even the idea of it is curse. Hayden would have flung it to the four winds of heaven. He had chances to get rid of it half dozen times. He had plenty of time. Mir. Jones now reviewed Mrs. Wards and Luzerne Stevens testimony. The State says the man seen by Mrs. Ward was probably Hayden. Mir. Jones went to map. ) He held vigorously that the woman when she saw his vision had been located iu two differ ent places, which ruined the theory of the State. The State also claimed that the vegi- tation, trees, etc.. had been cut off. How ruinous again! There are no stumps or marks to stand the States theory upon.
 MT. Jones now reviewed the alarm of the State as to the declarations of Mary Stannard. You can't locate Hayden up in those woods by any declaration of Mary to Susan. The court says you can't use it for that purpose. The case was likened to the Avery case. A letter in the trunk of the deceased said, If am dead call upon Avery" but it was not al- lowed to appli to the vital question. So in this case. There Is not scintilla of evidence
 to show that Hayden was up in the woods I want to press this matter home to you. Now, ask Your Honor to charge the jury to that ef- feet. Statement made to court.
 This the State could not use, and it came in as the State had promised to connect the two, and so it was admitted. What were Nary's
 relations to Ben Stevens? Has she appeared
 frank, truth-telling person? Anything like
 Mrs. Hsyden7 Pardon me for the com
 parison of the two. Which was frank and
 which reticent? Susan had every appear
 ance of having been drilled to that story.
 MT. Waller, interrupting, said that Susan
 told that story on the day of the tragedy
 MT. Jones would not attribute 8 fabrica-
 ton by any means to Mir. Waller, but he be- Heved it to be nevertheless fabrication
 Mir. Jones said: As to Susan Hawley, she is as malicious as she can well be, if we can
 judge from her appearance on the stand. It