The Leon reporter. (Leon, Iowa) 1887-1930, 1904-06-09
HAYDEN GETS p YEARS


Judge Miller OverruIes Motion for a
New Iridl--Gives Him II Years
in TT. Madison Penitentiary.
The final scene in the celebrated trial
of John +. Hayden for the murder of w.
u. Bracewell on Jan. Sth, was enacted at
the court house Monday forenoon when
Judge Miller returned to this city to
hear the motion for new trial submit
ted by Hayden's attorneys, which he
promptly overruled and then sentenced
Hayden to serve twenty-one years in
the penitentiary at Ft. Madison at hard
labor, and the prisoner was taken to Ft.
Madison the same afternoon by sheriff
Thomas Wallace and ex-sheriff Geo. w.
Lefollett, and commenced serving his
sentence Tuesday morning.
The motion for new trial which was
filed by Haydcn's attorneys was a vol
luminous one, and new trial was asked
for on number of different counts,
there being about forty reasons urged
why new trial should be granted him.
the principal reasons being that the
verdict was not supported by the evi-
dence, was not sufficient evidence to
,justi verdict of second degree mur-
der, was contrary to the evidence and
the law, as we'll as the instructions of
the court, and for error made by Judge
sTowner in refusing to grant change of
venue to the defendant, and errors by
Judge Miller in refusing to sustain OBJ
jections of defendant to certain Jurors
who had read the accounts of the mur-
der and had formed to certain extent
an opinion as to the guilt or innocence
OF the defendant, thereby preiudicing
his case and he was compelled to exer-
else peremptory challenges in order to
r. move these jurors from the trial of
the case. There was also complaint
made as to statements made by attorney
Lewis Miles to the jury in which he
stated he believed the defendant was
guilty, which is contrary to law, and to
certain questions propounded to wit
nesses on the stand during the trial of
the case. There were also affidavits
from Sam Adair, M. E. Parsons and
Cyrus Jennings, in which they swore
that before the trial of the case one of
the Jurors, H. Allard, had expressed his
opinion of the case and had said the de-
fendant ought to be hung. The state
objected to the affidavits on the ground
that they had not been filed until last
Saturday, when the ruling Of the court
was that the motion for a new trial
must be filed by 10 o'clock last Thurs
day. Attorney V. r. McGinnis argued
the motion before the court and quoted
numerous authorities in support of the
defendants claim that he was entitled
to new trial, but Judge Miller prompt
ly overruled the motion and passed
sentence on the defendant.
Under the law Hayden can secure his
release in eleven years and nine months
if he is a good prisoner and earns all
his good time, the law providing that
where prisoner is good during the
first year he earns one month of good
time, two months the second year, three
in the third, four in the fourth, five in
the fifth, six in the sixth, and six months
of every remaining year of his sentence.
Should Hayden earn all his good time
and live until March s, 1916, he would
be released unless pardoned sooner.
The attorneys for Hayden express
great confidence in being able to secure
a new trial il the case is taken to the
supreme court, but Hayden has not as
yet made up his mind as to whether he
will appeal his case or not.
On being asked by Judge Miller if he
had anything to say why Judgment and
sentence of the court should not be pro-
nounced on him at this time, Hayden
said he had and addressed the court as
follows:
Eyes, sir. At that time of day would
not have gone to drive the cattle if l
had known there would have been any
trouble. When did go, went to drive
the cattle out and not put them up.
changed my mind when | saw the fence
was down. Later on when was going,
Mr.. Peck came up. At that time if
Bracewell had come to me and talked to
me would have told him to keep the
fence up and keep the cattle up. But
he rode on around me. Later on when
shot him l shot him through fear and
not through malice. would not have
shot him at all it could have run fast
enough to get away from him. Mr..
Bracewell and never had any trouble
at any time; never had word in the
world. On the first day of last Septem-
ber was at his sale and used my influ-
ence in favor of his sale and bought a
horse; talked to his family. On the 31st
day of December he came to my sale
and brought colt to sell and used his
influence for me. He bought eight
stacks of hay and a colt. He went into
the house and helped my clerk make out
the notes. Outside of the house he call
ed me off and stopped me and told me
that the clerk had taken note that
wasn't good and promised him to see
to it. He asked for halter to lead the
horse home and | loaned him lariat
rope. In the year 1894, think, possi-
bly, or near that time, his hogs had been
in my corn and took them home to him.
He wasn't there. Mrs. Bracewen was
there and asked Mrs. Bracewell to see
to the hogs. They never got in any
more.'
Judge Miller then asked the attorneys
for the defendant if they desired to
make any statement and Mr.. G. w.
Hoffman arose and made a few remarks
during which he took occasion to say
there was nothing in the evidence in the
case to justify verdict as severe as
the one returned by the jury, and urged
that the greatest possible crime that his
client should have been convicted of
- A.