The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-12

might have Teen liz other party to this Indictment dis
Be be a sss S e nis IL
asked woman either without ARRAY and is nd
say IN
and how in fact II not case Of self destrus-
op eid the PsrPetat9r unobsryed escapef il
has TO hs ana
se sa na.
saPHisn s0sa seem such hour lite than i'm
ordinary intel gsnes Blinded at tho moment by some
had Lag S' ON .Ss w,sRpSs
Inferred fern sh ABOUT az u sss a aaSae
Tho few mcues that hour during Which q shS sa
FL:
and theft IN
and what wa. the purpose Of their Interview was
sas sa
snfse
Tie aSts or boarding hoSss Cedar street.
s IN &c sf 1T.
every VIEW favorable unaS .rabie which may ss
it IL o ss Of I
before YOU and to determine the conclusion to which It
S ss hs 81 IN all
able with which, to your minds it may seem to
The jury retired at FIVE minutes to twelve
Shortly after twelve O'Clock the following note from
the jury was handed up to the Court
LIS HONOR JUDGE ROOSEVELT, COURT OF OVEN AND TER.
S qgy in the Of the People Clara Hayes most
Ur as19 that as s
a,s Lqtsnsr and the reading Of which
have the i pos
ssyss a w s
jury room 1855 ?. NJ May Il i s sprnnv -.
Some discussion ensued upon the receipt Of the above
The District Attorney said that any discussion Of this
point while the jury were not present. entirely out
The Court said the better way would be To send ror
the jury and despatched an officer to request them to
In few minutes the jury rc.entered and took their
seats.
The Court said-Genlemen it appears that you wish
10 nave or your perusa the letters found in the possess
The Foreman-Part of the jury wish it, your Honor.
Inc Court-These papers, gentlemen, were offered in
evidence they were objected to evidence and the
court formally decided that in law as matter Of law
they we're evidence in this When they about
being read will recclect it suggested that parts
of Them at all events, not proper for the public
eye and the Court willing at the time to leave it to
the discretion of the District Attorney subject to the
approval Of the prisoners COUNSEL to the letters
making such omissions he advanced in the reading as
he IN his judgment deemed the of public justice
CURED After that another struggle took place regard
to these and by arrangement coun
eel for the people and the counsel for the prisoner in
which the court took no written stipulation Civ
en- to the District Attorney and accepted by him. which
it was consented admitted that these papers did
tain matter calculated to produce strong inducement
for their recovery That stipulation was say accept
ed by the District Attorney and confess it ebarrassea
the Court very much TO know whether is or is not to
be considered entire substitute for the papers
themselves would like to under stand whether, in ac
cepng that stipulation he considered it substitute
for these papers
The District Attorney having sgnifed his assent,
The Judge continued well, gentlemen, good faith
requires that that stipulation must be taken by you as
substitute for these papers. You have right to take
into consideration whatever has transpred here court
in its broadest am constrained say that do
not admire this dsposing of the pesemea but you
have got to make the best of the stipulation, well as
the court.
The jury then retired once more.
Mr. Whiting desired to be informed when it the
pleasure Of the District Attorney to try William Hayess
The District Attorney said he could not decide until
verdict was given in the present case.
At three O'Clock though there was yet no prospect Of
the return of the jury the crowd of spectators had in
creased to literal jam Hardly standing could be
procured in any part of the court room
At four O'Clock the jury sent in the following note:
HIS HONOR JUICE RoosEvELT:-
ssseus On
diet and desire your honor please that some dinner
out and procure IL. II. G. SPERRY, Foreman.
This request acccded to, and the jury's dinner
was sent in TO them.
Al quarter to five O'Clock the Court took q
AT five o'clock the passages leading the court room
to increase every The doors were beseged by
crowd of eager applicants and when they were finally
diatey fled to replet;on.
Soon after the opening of the doors Mrs. Hayes en-
tered, assisted by officers Knight and Let's, and
placed in recumbeat position upon her couch At the
entrance of the prisoner the spectators dsse
10 get glimpse OF her face which closely yelled.
he was attended by the nurse Mrs. Burrel and made
as comfortable circumstances would permit During
the recess she partook of slight repast in her
ROOM at the Irving House Her general health,
informed, somewhat better day, and but the
agitation produced by the heightened absence Of the
jury would probably have been able to walk In conse-
quence Of the exciting circumstances in which she was
placed, however she suffered from extreme debility
her bodily boS to her =" the hotel and
to the Court ROOM The sultrness Of the weather and
the crowded state of the made the protracted sit
vnf fhaC n1oa both
At twenty minutes of seven his Honor entered court
the District Attorney and the counsel for defence enter
ing at the same time
At quarter of seven the jury entered.
The usual question was then put to them-Genilemen
Of the jury do you find the prisoner al the bar guilty
not guilty.
The of tho jury then handed the following to
vEDrcT OF THE JURY.
To THE Hon JAMES ROOSEVELT
There has ne. been any evidence before the jury that
Further, the jury believe from the evidence that Dr.
Lutener came to his death BY pistol bali fred by the
hands of some person. with the small pistol that was
found on the floor Of DR.. Luteners office.
That after careful examination Of the whole Of the
evidence that allowed to before Them the jury
have to the conclusion that the evidence is not
sufficient to convict the prisoner, Clara Hayes
H. g. sperry foreman, Michael Hce
James Vaudeville, John Flanley
Lewis W. Durham, James Lynch,
Charles Griffin, James p. Brennan,
w. II. Conklin, John Scott.
The Clerk.-Gentlemen of the jury, do you find the
prisoner at the bar guilty or not guilty2
The Foreman.-Not guilty.
Mrs Hays during the rendition Of the verdict exhibited
external appearances of agitation Her cheeks re-
tanned their color and she the gaze Of the hundreds
Of spectators with calmness and confidence.
There was no demonstration of any kind among the
crowd that ~ the court ROOM but the general impress
sion seemed ~ be that the verdict just one from
the nature Of the evidence.
The District Attorney said he bound to state that
the verdict met with his appreciation.
Mr. Busteed-That is entirely unnecessary-the YER
dict Of the jury is " not guilty" This Is not scotch
verdict but an American verdict.
Court called the gentleman to order, and said they
not summing up.
There being no other business the Court then ad-
journed.
Mrs Havs We understand, returned to her apartments
at the Irving House, where she remained during tho
night.
THE DUANE STREET POISONING CASE.
While the jury celebrating in the Of Mrs.
Hayes, Andrew Williams indicted for the murder of his