The Leon reporter. (Leon, Iowa) 1887-1930, 1904-06-02
MURDER in TIE SECOND DEGREE
Continued from page ~

year past. He would sit in the morning
for an hour never speaking, and if we
spoke to him would become excited.
Would rub the back of his head and top
a great deal. Would hold his head in
his hands and would talk to himself,
mumbling so / could not understand
what he said. Since being hurt he has
expressed fear that some one would
rob him or hurt him. He got up in the
night several times and would wander
around the house. Before Thanksgiving
he got up and went out and the children
and lighted the lantern and went out
to hunt him but we could not find him.
He had his revolver with him and came
back in an hour and half completely
worn out. He bought revolver in
June 1908, and carried it all the time
after that. He was insane by spells,
but not all the time. He slept with me
part of the time, was restless and would
get up on his knees and put his fore
head down on the bed and complain of
his head hurting him. Did not sleep
well. The day of the shooting John
hitched up the team and started to the
Grogan place for load of wood, coming
back later, drove in the driveway, left
the team standing and went northeast
past the smokehouse. He was gone a
half or three-quarters of an hour. He
was carrying his hat and coat when he
came back and was crying and said he
was going to Leon. He hitched the
team to the buggy and started toward
Leon. He was not in the house before
he started to the field. The shot gun
had been kept in the buggy to shoot
crows from the barn. She identified
the heavy rubber shoes, and three pairs
of socks which he had on the day of the
shooting.
S. e. BENEFIEL,
of Leon, testified as to being with
Sheriff Wallace when Hayden was
arrested. When l saw him, he was
leaning over in the buggy and was
whipping the buggy wheel. He did not
speak.
At 11:30 o'clock court adjourned until
2 O'clock.
The court room was packed when
court was called at 2 o'clock Thursday
afternoon, even the gallery being pack
ed. The first witness was
PHILLIP NICHOLSON
living in southeastern Ohio, farmer by
occupation, who testified as to being
acquainted with Jonathan Hayden and
wife, father and mother of the defend
ant, lived neighbor to them, and realem-
bered Hayden as very eXcitable man
worked for my father; at one time quit
work and left without any cause. Dur
ing the last three or four years of Mrs
Hayden's life she never went off the
place. knew Lewis Hayden, brother
of the defendant, and considered him o.
an unsound mind. He is now in al
asylum. He resembled in actions Johr
Hayden. Was acquainted with an aunt
OF John Hayden who was also insane.
am no relation to any of the Haydens
JOHN HAYDEN,
the defendant, testified, am the de-
PENDANT in this case. / received an in
jury on my head something over year
ago while hobbling mule which struck
me on the head and cut me some. Have
had the headache some since that time
went to Indiana last September. Pur.
chased the revolver prior to this time
and carried it in my pocket. Took it
back east with me. That is why
bought it. Had headaches every day
since was injured. Have also been
troubled with my bowels since, some-
times going four or five days without a
passage. On Jan. 8, 1904, after dinner |
started to the Grogan place for load
OF wood. 1t is north of my home. Was
in wagon. Had my revolver with me,
and on the way saw cattle in my field,
drove back to the barn lot and went
to put them out. Went to gap in fence
where they were taking hay out; the
gap was down. l intended to put the
cattle out of the field, and when found
the fence pinioned down decided to
take them to the house and put them up.
While was driving the cattle Peck and
Bracewell drove up on horseback.
Bracewell was near the gap when Peck
came up near where / was. While | was
talking to Peck Bracewell went west of
the hay stack running his horse. Peck
ran his horse to get with him. | met
Bracewell and Peck south of the stack.
They were Looping their horses and
threw up my hands and told them not to
touch the cattle. Was within few
feet of them. Peck said, "Get him." and
Bracewell said, well give it to you.'
Bracewell jumped off his horse with
whip in his hand holding the small end.
He took after me. Peck started to get
off too. When Bracewell started
toward me L ran pulling my coat Off
They followed me. l was trying to get
away from them. When | stepped /
thought Bracewell was within striking
distance of me and | turned and shot. 1
supposed he was going to strike me and
thought Peck was with him. Bracewell
was mad. When turned and shot |
believed they were going to strike me
with the whip and either kill me or in
flict great bodily injury. never called
Bracewell s. of b or cursed
him. Did not have time to talk. He
pulled the horse in off run and jumped
off before he was thoroughly stopped.
On cross examination by Mr.. Miles he
testified he was 46 years old, was born
in Noble county, Ohio. was q years
when l left Noble county. l don't
recollect just when the mule kicked me.
1t was in cold weather year ago.
M, N, e..