The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-09-07

who have removed from 1.-THE infected district had
remained there would have been twenty cases Of yell
low fever where there is now
The Grand Jury will be empan nelled 90 as to meet
the Oyer and Termiper at its October session.
being engaged in Dutehess county in arguing the
Northfed disputed election case.
Bos rd OF Health.
The special committee of the Board Of Health have
the satisfaction report that the health Of the city
continues good
of fever have occurred since his last report
to this committee.
TIMOTHY X. HlBBARD, Chairman.
CLARKSON CROLlUS.
WILLIAM ADAMS.
New York, Sept. Q, 1s4s.
LAW Intelligence.
TRIAL CT THOMAS HAYES ron THE MURDER OF HIS
WIPE,
Counr OF OyER AND TERMSER, September 6-De-
fore Judge Edmopds Aldermen Hatfield and Stevens.
After the court had organized Judge Edmonds in
CURED are the jurors summoned and In attendance
Being answered In the Affirmative he ordered the clerk
to call their names after the lapse of half hour
two Jurors were sworn. which completed the panel
The jury then stood follows Joel Kelly foreman,
VIM Hsgadorn, Samuel Warner, Jarius Johnson, Ed
ward Goodenough. James Johnson, Daniel Earle, VIM.
Clark. and Bepjamin Bell MIR. Clinton Herring who
associated with the District Attorney opened the
case for the prosecution The following named Wit
nesses were then called
MIR w LEpwI1H sworn. and examined by the Dis
trict Attorpey.-On the 18th of May last witness
sided at 81 Walnut street man whose name was
Moran was living in the basement; prisoner and his
wife was living the second floor and the witness
the first the deceased living there year is not
night Of the murder went to bed absut o clock !;
time, after witness awakened prisoner came
to the door and knocked; said he wanted to know
where he could find O. doctor; witness replied,
If he wanted doctor, he knew where to find
one as we'll as witness that he (HayeO was acting
very strangely witness asked him whether he was
mad or crazy he then went away. and witness went
up stairs to prisoners ROOM and found the door par
italy open and light on the table saw Mrs. Hayes
and gave the alarm to his family be then stopped in
his own room until Hayes and Doctor Segar came in
witness remained in his own room until the policeman
came in. who requested witness to 60 up With him
saw Mrs Hayes the floor, lying on her left side,
with her hands stretched out saw some blood en- the
floor but did not examine her to see whether she
dead or not.
Cross enamined.-Knew prisoner from the time he
came to live In the same house was in his room four
eight or ten times the deceased was often in witness
room saw her and the prisoner, every evening to-
gether when witness saw them together, their con-
afectionate saw them together about eight O'Clock
on the evening Of the murder ; they were both to-
gether in witnesssroom ON that evening there was
nothing particular In their conduct at that time the
name Of the landlord of the house Is Mr.. Bush.
Q.-Was there any thing remarkable In the prison
Az thought there was somsthins singular in his
appearance, In the expression of his countenance !;
i asked him, was he mad or crazy the doctor for
whom he went, lived opposite the door; he must
have known that fact cannot say how long he re-
manned away did not take much notice OF his ap.
pearance when he came back with the doctor is not
positive what dress he had on.
Q.-What was the general department of Hayes
during the time you knew him. in this house
ed man never knew him to make any disturbance,
OF have my difference with any one in the house.
Direct Cross-e1amimdtiom resmmed.-Heard the VIC.
lin played that evening, in the basement considered
that for two three days previous his conduct
very singular the evening previous to the murder
the man in the basement played the violin, and
Hayes came in and commenced dancing, and con-
tinued to dance for an hour, until he fell down /;
cannot say whether he was under the influence
Of liquor or not he had been in the habit of
drinking heavily for some time previous about s
O'Clock the evening Of the murder the prisoner and his
wife were discussing article that appeared in of
the newspapers was rather strange for per-
of their age to be discussing such subject wit
considered that his conduct was occasioned by
the effects of liquor
PATRICK MonAN, examined by the District Attorney
Lived at 81 Walnut street in May last in the base.
ment the prisoner lived there also that evening
came down and commenced dancing his wife came
down and also commenced dancing; witness asked
him to set down they both then sat down and com.
menced singing a niece of his wife's came in soon
after and asked them to OUT the three vent out to-
getber there seemed to be a good understanding be-
tween them; thinks he then under the nau.
ence Of liquor smet liquor his breath !; about IL
O'Clock witness heard noise some of the floors il
was loud talk next beard the cry of female she
then got up. lit the lamp and raised the window,
and people standing round the stoop. and one of
them asked bow this happened! and said that the
woman dead the deceased was between so and 10
year of age.
Cross-erGmined.-Knew prisoner from the eth Of
May 1s4s only ten days previous to the death Of his
wife he never was in witness house but before
that occasion 1t is the opinion Of witness that his
eyes indicated disturbed state Of mind and SO re,
marked to his (wtnees) wife witness ascertained
afterwards that the cry Of oh my child, my child ~
came from the mother of Mrs Hayes.
ELLEN KENNY, examined by the DISTRICT ATToR~EY
Witness lived last May in the house No. 81 Wal.
nut street; lived the first 1oor lived there before
Hayes came there, and until the death of bis wife; he
came there after his wife recoects the night of the
murder heard noise there that night, heard some
words between them about or 10 o'clock that night
in their own room heard words between them before
as II they quarrelling Hayes to witness
that evening, between and O'Clock; he appeared
like one that had not settled mind at the time; |
liquor on him about IL O'Clock that night was dis
turbed by hearing that Mrs Hayes was dead.
Cross-eramined The loud talk between Hayes
and his wife, could distinguish their voices; IL she
heard anything that was said at the time, she now
forgets it cannot tell what they were quarrelling
about.
SIMEON SEoAR, examined by the District At.
torney.Is druggist, residing at so Walnut street,
opposite to where Hayes lived; about hslfpast 10
witness to stop his wfes bood witness not being in
the habit of going out he told him he could not go
Hayes remarked that himself and his wife had racas,
and he was afraid he had been too hard with her !;
witness made the remark he could not help that
and that he would not go be then asked witness could
be stop blood? witness replied he could he then took
hold Of witness and thought to force him to go wit
ness said he insisted on his going he should give
witness chance to put his slippers; he called
witness to hurry them and said If he knew where the
station house was, he weuld go and give himself
up; when he mentioned about the station house,
winners became excited, hurried on his slip
pers, and he and Hayes walked and arm
across the street went up stairs saw Mrs Hayes
lying on the floor; touched her and hurried out
Hayes hallooed after Witness and asked where he
going witness said she dead witness then passed
out and as he going out told the witness Ledwith
that shs was dead witness went in search Of officer
and at the corner Of the street found officers Powell
and woodruff came back with thsm and waited at
the door until they went up and arrested him; when
he first came for me he app ared to to be anxious
and much excited; cannot say he was under the in
fuence Of liquor; when went up with Hayes found
Mrs. IL. dead and cold; felt her neck and
large cash the throat dividing all the blood vessels
the blood at this time had ceased running; no
blood on the oor she lay on the left side with the