The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-11
TRIAL OF CLARA HAYES
MURDER OF DOCTOR LUTENER.
CONCLUSION OF THE TESTIMONY FOR THE
DEFENCE.
Court or Oyer and Terminer.
Before Hon. Judge Roosevelt.

SEVENTH DAY.
MAY 10.-The court room crowded to excess this
morning by curious spectators anxious to hear the
clusion of the volumnous evidence in this trial
Mrs Hayes appeared slightly better in health than on
the previous day. but m continued to occupy her couch
in the recess provided for female witnesses
The evidence for the defence was continued.
The first witness called
Joseph II. Patton counsellor Of the Supreme Court
swornResdes in this city, the 10th Of january last
boarded at the Metropolitan Hotel; in the city
Broadway from the hotel left the hotel in the
morning; just got to the of Broadway and
Grand street heard what supposed was the repor.
the report seemed to from the southeast
looked over in that direction and it was my impression
and then went back then went directly to Mr. shays
ONCE in Broadway, near Maiden lane; and must have
George Shaw ~ sword. Where do you resides A. In
the city New York. and did SO on the 10th Of January
saw him at my ONCE on the 10th OF january last
at half past ten O'Clock.
Mr.. J. Hudson sworn-on the 10th of January 1854,
was New York and teller in the bank of the Union
corner of Broadway and Howard street; it the
northeast corner was engaged in the discharge Of my
duties on the 10th Of January last know Rufus 9.
Kemp, the auctoneer; saw him on the 10th a0 him
in the bank of the Union few minutes after ten in the
morning; 1t was very few minutes after; think
Kemp examined before the Coroner; he at the
bank the day after, and mentioned the circumstance.
To Juror-The bank opens at ten; noticed the clock
at ten and called to mind that this was shortly after
Thomas Anderson sworn-1 an mate on board the
ship Margaret Evans on the 10th of January, 1854,
was in the city of New York; have been a voyage
since that to London and back Captain Isaiah Pratt is
captain returned to port three weeks ago yesterday
had some business tn 10th at the Of Nassau
and Wall streets it little law business concerning
the ship; J had an appointment at that hour at ten
street; left the ship for Mr. Ridgeway's Office at ten
minutes to ten by my watch at which Hooked at the
said it was just ten O'Clock; looked at Trinity
Church clock and then at watch and was ex-
actiy ten; we went into Ridysways Office; Rdgeway
took his watch out, and said were punctual to the
time there lady into the Office and asked If
Mr. Hayes was in; this was the outer office Mr. Ridge
way fifteen sixteen minutes reading the afdaits
swore to them that day, there two aborers and
Capt Pratt with at the time the two aborers went
out and to the adavits before the commissioner
that day; don't recolect whether did not;
not examined before the Coroners jury went up there
Cross examined-Capt Pratt returned with in the
ship three weeks ago. he has been in the city since
went TO the Coroner's inquest but was not examined
was in the Office of Mr.. Rdgeway fifteen twenty
minutes; no one came in except this lady; think she
was dressed in black she had nothing over her face;
should have noticed it if any one else had come in;
during the time that was there Mr. Hdgeway attended
to other business
Hayes that she was Mrs Hayes think should know her
again.
Witness was asked i he recognized her in court He
immediately pointed her out.
Captain Isaiah Pratt sworn-Am ster of the ship
Ey9ns was in pert January 1884 she , iay
January; the 10th of January had appointment
70 meet Mr. Rdgeway at his office in Nassau street at
40 O'Clock; started from the ship foot Of Wall street
(Witness confirmed the testimony of Mr. Anderson, and
stated nothing new
This witness also recognized the prisoner as the lady
who came into Mr. Rdgeways Office.
Cross-examined-Met gentleman in Wall street and
exchanged salutatons, but did not stop half minute
the mate and the two men went on ahead and hurried
10 catch up with them didn't notice the Trinity church
clock did not see the mate take out his watch did not
haar i'm wi in a
suit against the ship Margaret Evans at the time
in the Office did not notice enter it except this f.
male Mr. Mdgeway accompanied me to the notary when
left the Office else but the female; that is
my impression don't remember where went to
these adayits the right hand side Of street.
going down; went into the third fourth story Mr.
Ridgeway and the other all went in with me- and
turned to my ship; usually regulate watch by the
chronometer the passage when arrive here set 1t
by the true time my chronometer rate losing
The Court-Q, Are you positive that this day was Tues
day. A. lam have had no impression at time that
the day different from Tuesday the 10th Of January
The Court took q of fifteen minutes The ques-
ton to whether the letters and papers addressed to
Mrs. Hayes should should nobe read again taken
up Mr. Whiting submitted the following stipulation
to admit that there h Meter in those letters
or tRs Il to " 'ps
they contain matter which would create
the psrsoa having pOssss0n q them order to
'A'n' K R1c & TBsGSsSTEEp,
Dated New York May 10TH 1854 Counsel for prisoner.
after consulting with the Attorney General sgnfed his
willingness to exclude them.
Professor John NJ Carnoehan sworn-Am professor
Of surgery the New York Medical College, and also at
the Bellevue Hospital acquainted with the character
Of shot wounds; have seen them frequently sku
O. Can you tell Whether that was the skull of an adul
A. Yes, it is.
the opening Of the thick the flesh and the inte
guments covering the bone on that part Of the skull
~ hal Neh rnn nv
over that would indicate disease (The small piston was
shown to the witness.)
and entering that portion Of the skull would be made
A. Between quarter and Ave eighths Of an inch
O. Supposng fracture Of the skull, would 1t be pos
sbie for man to insert his dexter finger into hole
made, the finger an inch in diameterf A. Not &C
Oording TO the rules Of mensuration.
O. Is II possible for man to inict such wound upon
himself has been described, with such weaponS A.
O where would ball 30 entering remain or come out ?
A. 1t depends upon the angle at which the pistol held
O. Suppose the ball to have been lodged in the petrus
portion Of the temporal bone what line would II have de-
scribedS A. A diagonal line.
O. What vital matter, If any passes that portion Of
the skull and down the SYSTEM A. The most vital
part Of the whole animal economy situated there is
setveen the occput and the vertebral column-the
@ suppose an intention to commit suicide existed in
the mind Of physician, would that be likely spot to
be selected by him for the commission Of the act A.
not aware that physicians do commit suicide; he
might think Of that part the ordinary way Of making
post norton examinations is to lay the subject on
taDl6
Crosse xsmined-Q What Is the ordinary effect Of the
discharge Of pistol in such close proximity to the head
describedis there likely to be fracture or not
There is more probability of fracture when the ball Is
large-I don't say that the fracture would be
impossible spent ball, when IL penetrates the skull
viii possibly infic larger wound ball penetrating
the clothing and then through the muscles, the hole
through the muscles not always larger than the hole
through the clothing; it is uncertain matter.
O. In such case, If Of suicide, would not the
ystol be claspcd in the hands OF the deceased A. The
person would have any grasp muscular action
would cease,
X, David NJ Reese sworn-Reside in this city; am a
.hysiclan and surgeon of twenty-five years standing;
skun shown to witnessD this is the skull OF an
fsdult; am acquainted with Professor Carnochln
was present at part of. his examination;
such wound as has been described might easily have
esn produced by the person holding the pistol the
b.n had struck the mcdulla oblongata It would have
been instantly fatal the pistol would instantly fall be-
the hand and the body the elect OF instant re-