The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-04
TRIAL OF CLARA HAYES
FOR THE
MURDER OF DOCTOR LUTENER
TESTIMONY FOR THE PROSECUTION CONTINUED.
Court OF Oyer and Terminer.

SOurt OF oyer anu Verm1ner.
SECOND DAY.
Before Hon. Judge Roosevelt.
MAY3-The court met this morning at 10 A. NJ The
prisoner entered court after ten O'Clock She had
been quite i'll during the previous night, and carriage
again used to convey her from the Tombs.
Mrs. Hayas, who has been for time past seriously
indisposed became very much exhausted this morning.
and obliged to be removed from the seat her
counsel to open window where she supported by
her female attendant Here too she sank beneath the
weight Of her unfortunate position and debiated
that the officers Of the court provided her with sofa and
pillows, which she reclined throughout the day.
George Hagan sworn.
@ In the month Of january last where your place
OF businessY A. At 1888 Grand street. between Crosby
and Broadway.
Q. Did you know DR.. LutenerS A. did
@ Do you remember the day Of his deathS A. I do !;
saw him in place Of business it between ten and
O. How do you FIX that time different from what YOU
did at your former examnations A. person / wished
to see knew could not find before nine waited til a
nine and remained there time went to sew
eral other places before returned to place Of bust
ness when got there the Dr. was crossing by nv shop
called him I'M he coming from the Bowery towards
Broadway; he had in his hand some kind of leather
bag it was black he signed paper for me in my shop
me- but did not look at it, If did don't recolec;
the Doctor signed the Petition went to several ind
vduals to sign it, Mr. Anderson, No 90 Bowery
him before returned the petition to commute
the sentence of James L. Hoare called somebody else
can't recolect who, considered humanity
@. What is your busness9 A. carpenter.
O. In what direction did Lutener go after he signed the
petionf A. think he went towards his office in Broad
way he left his bag behind HIM called him back again.
Q. From whom did you hear of his death2 A. In FL
derds Office at the time that FL ierd heard of it, it
was or fifteen after he left with the bag nv
shop and Ederd's and Lueners all the lot
the entrance to DR. Luteners is the Broadway SIDE
not the Grand street side.
z. Have you any other reason than that you have
stated for fixing the time different from what you did
the Coroners jury? A. have had time to reflect
Of fhn f1,oc fo-x
defence asked permission to have couch provided for
Mrs Hays, who i'll as not to be able to sit up
The District Attorney said he would suggest in view of
the condition in which the prisoner placed
sderng her evident illness would be better to adjourn
the altogether until she had time to recuperate
He did not wish to proceed with the in the present
situation of the prisoner.
The Court said it depended upon the prisoners coun
sci to say whether or not they should adjourn.
Mr.. Whiting said they were anxious to proceed with
the
Examination proceeded with
@ Did you think say anything different with
regard to the time you DR.. Lutener? A. Yes
@ Where did you so stateY A. can't recoect where
conversations did not state before the Coroners jury
my mind was confused at the time.
O. viii you now say positively that the time You
Dr. Lutener on that morning after ten O'Clock be-
fore?
falsely.
The question was finally allowed to be put
Witness-lt was after ten o'clock.
The examination of witness before the Coroners jury
was here shown to him.
Q. Is that your sgnature9 A. It's
The District Attorney said he proposed to show that be-
fore the Coroner inquest the witness stated facts in
different way from what he had stated here upon the
stand. He would cite LIST Greenleaf Evidence, page
555:-
ssWhether it be competent for party to prove that
witness whom he has called and whose testimony is
favorable to his cause had previously stated the facts in
different manner is question upon which there exists
some diversity OF opinion, &c.
The counsel for defence objected to the introduction OF
such evidence No party could mpeach his witness
witness upon the stand and the witnesses testimony
different from what he expected 1t to be- he has right
to call another witness to prove errors in fact.
After lengthy discussion the examination of
witness proceeded with.
Cross-exaniined-Q id you the doctor after his
deathY A. No when heard of his death was in Mr.
Elderds Office; think might have gone to other
place after the Doctor signed the petition but cannot tell
am satisfied went 10 Ederd's office after twelve dine
between eleven and twelve.
@ Were you examined before the Grand JuryY A. No;
! got off that.
James /. Coutant sworn-was conductor on the Har-
lem railroad in January last knew DR. Lutener; was
conductor on the train from White Plains due at eight
O'Clock; was four five minutes behind time when ar
rived there arrived at the depot at the Park that
ing some minutes past nine there six attached
10 that train; left engine and took horse power
Twenty. seventh street. came in the first car; when
speak of the arrival at the Park refer to the first car
Park were Twenty seventh, Sixteenth Eighth Houston
Broome and of Canal and Centre Streets stopped
at them all; saw DR.. Lutener that morning at Harlem
saw him in the street passing alongside the train the
train was in motion towards New York; it just
ing 10 stop.
Q. Did you know Mrs Hayess A. did not.
q What is the average time of the cars from Canal
street to depot at the Parks Objected to, and
question modhed)
@ State you how much time you con-
sumed that morning in going from Canal to the
Park A. From nine to fourteen minutes.
Have you any distinct recollection Of the time you
left Harlem that morning. A. l remember be-
hind time the time for starting was eight O'Clock l
think there have been alterations in the table since
that; not behind the time ten minutes think nv
regular time of leaving Harlem was five minutes mast
mi n mi mt nrda half.
impression is that left about ten minutes past eight
O. You say that you saw Dr. Lutener standing the
platform on the roadY A. That is the last time
him. did not him get in; my locomotive olsen
cages at Forty second street. can't recollect the time
can't recoect the time arrived Mt Broome street.
don't remember whether there were any obs.ruc
tons the road all the make the stops there
six OF them between Twenty seventh street and Canal
street don't know of any change of passengers in
the first car.
To Mr. BuntIhe train of six cars is what we usually
have the six cars were pretty well filed that morning.
Azoba c. shpman, sworn-Q. In the month of january
last, where did you liver A. sewing different ia
miles; my residence at 81 Rivington street.
Q. Did you know Dr. Luteners A. Yes; knew him for
three years first became acquainted with him patient
for hearings lived in his family before his death when
they lived at 499 Broadway
@ How longs A. About year.
O. When did you quit living in his family prior to his
deathS A. think year before his DEATH but al
lowed to come there a sort of home for me.
Q. Do you know where his office. was A. Corner Of
Broadway and Grand street.
O Who took care of his roomsH A. did.
Q. How long A. About two years previous to his
death.
O. On the night before his death did you find anything
his table a. Yes; note from him directed to
Q. Is that the noteS (Note exhibited to witness.)
Counsel for defenee objected to placing note in wit
ness's hand. Examination continued.
q Where was that note A. 1t was lying the desk;
the desk open and the note open.
Q. About what time was it A. Between eight and
nine O'Clock in thu evening; should think it little
after eight
The District Attorney again proposed to ask witness
TO identify the paper.
Tie Court decided that witness might identify il with
reading If, il she could
O. Without reading it, look at that paper and say
whether that the paper found lying the desk
A. This is the paper but is not in the state 1t
has been folded since.
Q. What did you do with the paper that EVENING" A.
put 1t in pocket finally gave 1t to the Deputy
Coroner whom saw and had conversation with the next
morning
The District Attorney said he should now offer this
paper in evidence.
The paper here handed up to the Judge at his
quest
The Court suppose the District Attorneys object