Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1881-02-28

the corner of the room. Mrs. Hayden
was sitting at table with her back
turned nearly toward the door. As she
heard the noise, she quickly got up from
the table, turned round and came face
to face with Hayden, who, with pistol
extended toward her, was in the act of
shooting. She exclaimed "Why, Ed
ward What are you doing?' Upon
which be fred, the ball infcting what
proved to be the fatal wound. She fell
to the floor in a reclining position, her
side being next to the murderer, when,
holding the pistol only a few inches
from her, he discharged the second shot
which struck her in the side and passed
into or through the body. Major Brig
ham, upon hearing the shooting, rallied
sufficiently to rush into the room. and
fell upon Hayden just as he fired the
second time, and bore him to the floor.
There was fierce struggle between the
parties for an instant, when help arriv-
ed and Hayden was seized and borne
away.
Maj. Brigham's wound was painful
and severe one, but he recovered. Mrs.
Hayden lived in severe distress from the
fatal Thursday, on which the shooting
occurred, until the next Wednesday
evening. Hayden was taken to Iras-
burgh Jail at once. On the way there
he remarked to the sheriff that he had
long contemplated killing his wife, If
she would not live with him, and that
he hoped she would de- he afterwards
said that he hoped she would not die.
Hayden was soon carried to Windsor
for safe keeping.
Hayden's case came up for trial at
the September term Of court held at
Irasburgh in 1877, judge H. H. Powers
presiding. W. R. Rowell, states attor-
ney. assisted by lawyers Royce of St.
Adams, w. D. Crane and N. 7. Sheafe
of this county, conducting the case for
the state; Gen. W. W. Circuit Hon. n.
c. Wilson and Hon. Henry Ballard for
the defence. The following gentlemen
were Jurors: S. N. Bates, J. G. Babcock,
A. K. Drury and S. P. Pinney of Green's
boro; William Chamberlin, D. Buchan-
an and S. G. Wilcox of Albany Stephen
Smith and Albert Carr of Craftsbury
and A. P. Bean, D. J. Dwinell and J.
f E. Dwinell of Glover. Hayden plead
r "Not guilty." The trial occupied four
days. The prosecution had no difficulty
t in proving the murder. The defence
e sought to establish the fact that the
: prisoner was insane at the time Of the
t murder, and showed that Hayden's father
t and grandfather were afflicted with in
5 sanity. They made as strong case az
Y the circumstances would admit, anC
: fought persistently and bravely. The
g arguments of Gen. Grout and Mr.. Bal
d lard we're very powerful. The jury
y after considering the case several hours
+ brought in a verdict of guilty of muir
e der in the first degree -
n Hayden expressed a wish to be carried
6 to the grave of his wife. and that tn
t. sentence be executed as soon as possible
If thereafter. His counsel took some ex
e ceptions to the rulings Of the court, ant
s. the sentence was not pronounced. Hay
n den was taken to the States Prison. Il
G. due time the Supreme Conrt sustainet
N the rulings of the lower court and sen
Of tence was pronounced. The legislator
,e meeting in October of the same year, a
E. effort was made to have the sentenc
committed. and law, affecting this an
to similar cases, was enacted which above,
er hearing before the Supreme Court 70
to the granting of new trial, in certai
Of cases. The legislature of 1880 wa
ID asked by petitions and able lawyers
8. commute the sentence, but the commit
r tee before whom the matter was brough
# reported against it and this attemI
IN failed. In the meantime the governc
had granted a short reprieve that th
n unfortunate mans counsel might tax
Id his case before the Supreme Court on
e. pretence of sufficient new evidence
he warrant a new trial. The matter VIZ
er brought before Judges Pierpoint an
m Veazey at Montpelier. week before las
ad Lawyers Ballard of Burlington and D.
ne Wis of Windsor appearing for Haydel
on States Attorney Baldwin of Barton. an
fe, lawyer Royce of ST. Adams for the Stat
ct. Hayden's counsel presented vel
sr- great array of afhdavits to prove IL
De- fact that Hayden was subject to fits
ar insanity, attempting thereby to COZ
at vince the judges, before whom the ma
to ter was brought. that there were grount
re, for granting permission to bring pei
a ton for new trial; but the effort fa
nd ed. We notice that some of the paper
ew notably the Vermont Watchman, ha'
ed. what appears to be very one-sided a
lie count of this matter. evidently inspire
lg, by somebody interested. either to crea
be- the impression that the prosecution, t
eft jury. the court, the legislature, Judg