The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-12
TRIAL OF CLARA HAYES
FOR THE
MURDER OF DOCTOR LUTENER,
ACQUITTAL OF MRS. HAYES.
Court of Oyer and Ternliner.
Before Hon. Judge Roosevelt.
NV

EIGHTH DAY.
MAY 1.-THE court room crowded to excess this
morning, 1t having been anticipated that verdict In
this exciting trial would probably be rendered
The prisoner appeared very much the same as on pre-.
yious days. she st occupied her couch and appeared
scarcely conscious Of what passing around. Mr..
Hayes appeared agitated and anxious throughout the
day, and while the jury out left his chair by the
side of his counsel and remained during the remainder
Of the time by the side Of the prisoner in the pro-
yided for female witnesses.
The last witness for the defence was examined as fol-
lows
lin street at present. in New York jan 10th 1854
during the entire day; place Of business was the SUNDAY
459 Broadway, precisely opposite the of Grand
street, il the west side, opposite the
Of Broadway and Grand street. it directly OPP
posite DR. Lueners Office; the morning of that day
heard something that attracted particular
went into my front room, which faces Broadway, and
wound up my clock noticed il was quarter past ten
then went to the window TO put it down; the window
faced on Broadway; at that moment heard pistol
shot locked M to see who fred it, saw nobody;
no Of it until heard of Luteners DEATH the
proceeded from utoners corner it not very loud
but evidently pistol shot, subponaed at o'clock
last night saw Mrs. Hayes either OF counsel
till to-day.
The case for the defence here rested
Mr. Busteed the part of the defeace, agreed to sub
nit the without summing up, to the charge OF the
The District Attorney assented, and the usual sum.
ming up dispensed with.
Judge Roosevelt then delivered his charge to the jury
His Honor said
1he Hayes and II. Lusner families lived tho
and 12sh and l2eth sreetthe intervening gronnd t
the Dr. thsse o. four mhs
the habit of visiting each other till about four FIVE
Place at the house Mr. Hayes about game dominSs
M9o ne sa d hs rs the e
wasA least such Is the air inference frsm the cvenee
departure their guests For the next morning being
s ws to @
che remained some days saying to Mrs utsnsr that Hayes
Some passed On the next saturday Mr. Hayes went
to Mrs hayes She opened the door asked her
Again she was not in She remained in town that
ing he went town and found Mrs H. with Miss Sipman
took place between them and threats Of
al
morning found him IN tho oce lying on AGO. couch
as &c ha Ssas Il 'n ns IN
that Day they entered complaint o. rather ars H. did
o'clock they rsturnei-that and Mrs Iutsnsr and
Mrs Hayes,to the house Of the former At Harlem Mrs
Mr. Hayes to 60 back again to her own home Mr. Hayes
the Doctor which both latter his took
fence They accordingly the evening Of the day she
Deeember being days before the Doctors dosS
70 S s srs both % Mrs.
stating the object of her in the hearing both Hayes
@ there sSsfs
been any , - n. between his wife and LIten.r
on @
to s1
es T hs s h tses
perhaps NJ H. 70 re possess hersef Of certain letters
and he On saturday
nrnos the s Of death was on tue s
their climax venting themselves in sYcamatoDs
ing nearly the whole day Doctors Office pleading with
Hpsraass her for her visit to Doe
m The t shs o ses a2
before after his visit to .he city for
gave Them to Mrs Lutensr THIS was on sataraay What
On s1o os innas
lege place She returned 70 the Office in the evening,
Hayes Miss
did not know H. and bad not seen her she told the
Il and o'clock that she had been down day
that
alteration between them had taken place Monday
purse kin the Doctor. On tuesday morning again sas
"a not III
What hou In other words was she in New York Har
lily came to own-of which there can Be no dosbtwas Il
rt, upon her honr Of leaving and seeondiy apon
u hoar Of being shot Taking the last inquiry frat.
en-. seemingly ready enter the about i've
pasnp s s' ss rss &c M
he corner Of Grand street IA in the city and saw him there
nth newspaper in his hand reading and her
errand to house the of Fourth street
. s1,y minu.es.s1y about i O'clock Or ssfOrsmsas
ONE where between and il esieef He was seem alive
Ia sssea ssd y &c sslerss Aisn sssss
o'clock tbcreabouts. Hapan. whose
time somewhat impaired BY the difference Of his state
nd Simmons between 10 and 10 20 1t would seem there
that the whsneysr Or killed was
Hiss sfirman saw him alive after Summons, and was the
nd Il o'eees such think Is the result Of her test
1ony, and simmons on her summons few moments
he death five minutes before II o'clock and the DEPUTY
M % M this s the m
report heard in the street was that Of the pistol
utes past 10 singular that the explosion such
hour and in such building was not heard BY any Of the
thai % sSs r ns Il n. from dead So
Ser resurn Twelve MI
was perrstrasea within forty sty minutes
sss attained s ns
sS e sIa o. the
These shall examine presently on the day previous to
she in with sna hd r
he much desired letters On the next morningthe ia tai
ruesdayshe again said she going to town and
ss'SS S @ SiesS train shs might
Judging from the conductors statements have reached
inclined the premises of the deceased at the Of
oadway and Grand street minutes before
ninrtes before 10 o'clock perton-a female-closely
relied corresponding in appearance With the accused was
zen to enter the premises about the hour u 10
mail pistol corresponding in appearance with pre-
iously seen in tho house Of the accused and her
ustahd,' at Harlem, was soon after the death
ornd lying the floor short distance from the body Of
he deceased Was this yelled female then Mrs Hayes
shown, 10 the pistol that 1t has mark-that
here precisely like IT, As to the female she
the pcrsonso least the witness t,inkswhom
week few weeks before in company with do
eased and Miss shipwan And Miss shipman went
one oecaon at about that time in company with MIS-
iayes and Dr. Lutener, to make complaint before me
Justice aganst Mr. Hayes These appearances rather dub
sought to be confirmed by the threats Of the accused
the precedr day. that she would shoot the deceased
md by her strong avowed also so con
picuousy at this trial to repossess herset OF
which the deceased withheld You need not be remind
Of the intensity Of feeling which her manner AID express
go clearly indicated and Of the strong motive when
fter the reconciliation with Hayes the character ~ tnee
was to ennder TO prevent their publics
ion by the deceased or Their ~ nm 70 ser,
ain parties Europe Are these tn
The aueston-in mind like hers snineien. 70 10 an