Morning journal and courier., 1880-01-20

of trade, banking, commerce and many of the undergraduates of the aca- demical department of Yale, who were free to attend, the business of securing seats for Mary Anderson and their studies of the day being past. The Angel of the Lord, as MT. Wat rous was pleased to designate Sheriff Hull, ever genial and social and attentive to the public, passed few remarks here and there and circulated about. Amid the busy hum of conversation the word 'tHaydeni" ''Hayden" was frequently distinguishable, and ever and, anon the sound of merriment broke. forth as some coterie of friends had struck some face tious subject. To new corners. especially, the elegant oil portraits of Ralph I. Ingersoll, ex-Governor Baldwin, the late E. K. Foster and our esteemed townsman, Judge Blackman long may he Iive-were objects of atten- tion. The last two portraits, by our well known New Haven artist, Mir. H. I. Thomp- son, were easily recognized by the throngs, especially the younger members, or if the faces were unfamiliar. the subjects were quickly ascertained. The genial face of Judge Blackman seemed to be radiating point for the emanation of kindly, wholesome feeling toward the audience, the fraternity of the bar and all the brotherhood of man. All this time, and nothing from the jury. The jury were as still as mice; at least no sound was heard, while the buzz from the audience was assailing their tympanums constantly, 8 constant reminder of the waiting assembly. The lions of the hour persisteutly kept shady, and with the curtains drawn and gas lit, whether they were arguing or sitting quietly, agreed to disagree, was something no feller could find out"
 Atlast the humdrum business came to an end. At 8 minutes past 9 rap was heard at the jury door, Sheriff Byxbee passed quickly to the door, and thence receiving message passed into the judges apartment. Messrs. Jones, Hubbard, Harrison and Zacher were soon seated in their accustomed places during the trial. Sheriff Byxbee was absent 8 few minutes and upon his return was anxiously asked what had occurred, but had nothing to communicate. Mir. Roller stood in waiting at the door. A long pause ensued. The sus- pense gave way to impatience. 'tIt might mean good deal but it didn't seem to amount to anything" was remarked audibly. At last the tall leonine form of Judge Park appeared at the judges door, and Judge Sanford wish him. Having become seated, Judge Park said ''Send for the accused" Deputy Sheriff Stevens made his way through the crowd who tried to make way for him, anti cipating his errand. Mr. Jones advanced to the Judges desk. Judge Park handed him 8 slip of paper. Mir. Jones looked over his glasses and perused it, and his countenance dropped. He handed back the note to the Judges. A messenger was dispatched for Mir. Watrous.
 Cries Arose.
 Cries now arose, and 'sFan back !' 'tFall back" resounded. The deputies were en- deavoring to make passage way for the pris- oner. People gave way. s'Please fall back p was ordered. Mir. Joseph Warren, the janitor, went back to assist, if needed This difficulty in the rear created a little buzz, which Deputy Sheriff Hull repressed with rapping. The sheriff marshalIed in the jury who took seats, looking red fustered and heated. The clerk, addressing them, said:
 tsGentlemen of the Jury,
 You will answer to your names, and as you answer please rise" Deputy Stevens stood beside the clerks desk keeping tally. The names were called and tailed and the jury were addressed by the Chief Justice.
 Judge Park ssid, s'The question in regard to de grses of murder the limitations of degreess fact for the jury to determine. The statute the subject hearing the other day substant.ally on ali inafct ments for murder in the first degree, the jury may hnd m % pe n n 5a sae S $ privilege. The statutes expressly gay that the jury orae rul m ia fha iJ1Pv fo themselves, beyond reasonable doubt, that is asd they not satisfied they should acquit. But this Wholly within the d1soreton of the jury on the evi dence. or their 5udgment on the evidence, whether question of fact. The jury may retire sgain.'
 The Jury's Questi0ns
 The following was the question sent in by the jury:
 "How have we the legal right to bring verdict under this indictment of murder in the second de- gree ?"
 VIM. BRoTHERToE, Foreman.
 Sensation i'm the Court Room.
 The jury retired again. The deep silence was succeeded by volley of questions on all sides. The prisoner was escorted back to the sheriff's office. He had entered with firm steps through the sea of people, but not without nervousness. The impression gained ground that the jury were about settling to an agreement to bring the accused in guilty of murder in the second degree. Deep emotion was manifest in the court room and people exhibited visible agitation. Some few gave way to tears. Generally it was considered that verdict of conviction in the second de- gree was foreshadowed, but some maintained stoutly that it was not the case.
 AtLaAt.
 Suddenly, at 9:45, another rap was heard at the jury room door. All was excitement. The sheriff rapped. Quiet came quickly and the ticking of the clock could have been heard except for the rustling of dresses as people gathered themselves to give all atten- ton. MT. Byxbee had been to the jury room door and received message. MT. Jones WAS brought in from the judges room by Messen- ger Stevens, and the stiffness of the grave reigned. The prisoner appeared to view and with him his wife, father, mother and broth er-in-law, Deputy Stevens leading the way. The jury had also entered and taken seats MT. Brotherton rested his forehead in his hands for moment, as if in reflection. The clerk directed the jury to answer as their names were called and rise, predicting with ''The State vs. Herbert H. Hayden" Dep uty Stevens kept tally. The clerk inquired Gentlemen of the Jury, Have You
 Agreed Upon a Verdict!
 Mr. Brotherton answered: "we have not, sir.'
 Judge ParkLoan 70 you not agree
 Mr Br0thersopMMe hardly & think 1t possible rers, (Daputy Stevens went and got them)
 Judge Park, addre sing the jury, said-Thus ends