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


sofa during the DAY The examination oil Witnesses or
the prosecution continued
Direct examination Of Azoba c. shipman continued
o ON entering the reception room ailer your return
from Fonrb street what did you see? A. saw the Doc
'o y o So, in Mat rart Of the he yingS A.
~ the cansutnG room door with his head lying on
the bottom Of the side table, apparently very faint;
NV tbe Corrt-Q Which way did his face LIEF A. His
On which part Of the side table was the heads A.
There was shelf about half foot from the floor and
his head was resting upon il.
q neseribe his exact position. A. He lying extend
ell on tie floor If lying down. with newspaper in his
right hand his face nearly upward, incning little
toward the aoor; went up TO him and laid my hand
upon his forehead, and sad-''why, Doctor,n he not
moving al all and lying very STILL was startled
little blood the hoor my first thought that he
had broken blood vessel and that must lose time;
went into Mr.. Woods Office and rang the bell and
of the occupants of the Office to the door didn't
know his name told him something sled the Doctor,
and asked him II he wouldn't in, he came in; when
he in spoke to him in this way-"What had bet
ter dor and he said, ''rhrow some water in his face
asked him II he would send for doctor; he said Yes
and left the Office then kneeled the floor and took
out Of the basin and threw 1t in his face in
he meantime laid my upon his heart after unbot-
oning his vest observed that he must have had ga
OF water, for one was standing by, half ful 1
took II U and tasted Il to see i It was clear water
she pitcher the pitcher top OF the table where
ais head resting the gentleman had by this time
ptuintd ih the doctor; remarked he thought
10 was dead already: | answered, OH no, he Is very
warm the doctor looked at him, and took hold Q!
ais head the blood, and asked for basin OF water
went the adjoining room, got the basin OF water,
ma returning to the tion room stepped on some
bing picked Il up and found il small pistol then
the doctor examined the head and found wound made
by the bali of pistol omitted to say that while the
gentleman gone for the doctor took box back Of
tie Toctors head the shelf of the table, took the
paper from the Doctors hands and laid the paper
the ooF the other side of the room, and placed the
box upon ii was to prevent the blood from sonG the
carpets another place
placed the box under the window Broadway, nearest
Howard street; removing the box found Blood
somebody said the Coroner should be sent for and he
O After the Coroner came, what doneY A. We
went into the consulting at the request OF the Coo
rer.
O. Did you hear him request you to go inY A. Yes,
and went in at his request
O What did you do With that pistols A. took it up,
but cannot tell whether laid il down whether some
one took Il out OF my hand
O. Describe that pistol which you picked upS A. II
was very small pistol anything OF the kind;
don't know how to describeit
O Describe the pistol which you previous occa
sions In the possession OF Mr. Hayes.
Question objected to- The Court overruled the obec
ton and allowed the question to be put.
Witness-l can't any more describe that pistol than
the one in the Office, but both very similar,
both very small.
Answer objected to, but allowed by the Court.
Pistol produced in court and shown to witness
O. Look at that, and ii that is the pistol A. 1t is
o What was the position Of the Doctors feet with
ference to the char A. They very near the chair
but whether they lying across, or both upon the
q what was the position of the charS A. 1t was in
the position when left
DR.. Lutener's revolver Qoaded) was here shown to
witness.
tol which the Doctor hsd A. That the which the
Doctor usually carried-the found in the drawer
O. In what drawer did you find itp A. In the drawer
he usually kept II in II in a sideboard in the con-
sultng room think in the second.
O Was that drawer locked? 4, 1t was not.
The direct examination here rested
Mr.. Whiting asked permission Of the Court to defer tho
cross examination and recall the witness to be cross
had ad
After some discussion,
Catherine dempsey was sworn-Q. Whereabouts do you
low lives 4. In Yorkyille.
Q. How old are your A. About fifteen.
q With whom do you resideg A. With Mr..
fheller.
O rid you at any time reside in the family of Mrs.
q Are you stil in their employment A. lam.
O How long did you reside With them before pr. Lutte
ners death 4. Nine or ten months.
@ In what capactyS a. AS child's nurse
O. How long did they reside at Harlems A. Nine or
ten months.
Q lid You live with them before they went to Harlem'
O. TO you remember of any difficulty occurring be.
Mr. and Mrs Hayes Question objected to as In.
competent, and objection overrulei)
wtness-0nly about the time of DIR. Lutener
O How long was that before the Doctors death9 A.
fou't know exactly; 1t might have been couple oil
O. DO you know of Mrs. Hayes leaving the houses A.
o. 10 YOU know where she went to on leaving the
l,usS A. To Dr. Lutener's, believe.
O. Prior to her going did carry any message from
"
&. at the messageS A. She told me to go over
10 he DOCTORS and desire the Doctor to come over to
b, ho1,e; she went away that morning.
o. was any one with herr A. DIR. Lutener was with
her
O. After she left did take any note from Mr. Hayes
O. How long was that before Mrs Hayes left9 A. think
II was the Saturday after; she left on Thursday
Q To whom did you give that notes A. To Mrs Hayes;
carried another one; brought II back in hye or ten
minutes afterwards carried second note from Mr. Hayes
10 Mrs. HAYES
O. Did you read or hear those notes read9 A. someo
them.
witness, and asked whether that was one OF them she
o Have YOU ever seen Mr. Hayes writer A. Yes
Q How cftenS A. don't know how often.
q More than onces A. Yes.
q. More than twiceY A. Yes.
O. DO you believe that TO DC his handwriting A. Yes,
O. 10 you believe that to be his handwriting (show-
o. Look al both the notes and say which OF those
the A. Neither Of these the first sent.
i either Of them the one you took the second timer
O. How long was it before Dr. Lutencr's death that
Mrs hayes returned to the houses A. About week, or
Q. On the morning before Dr. Lutener's death, did
Mrs. Hayes came TO the city, \. Yes:
Q What knowledge have you Of il? A. think heard
her saw she was going.
Counsel for defence objected to this evidence.
O. Were you 1T home all that day, Monday A. was.
O. Was Mrs Hayes at home after she told you she
goingS time after she told me, that she
went don't know exactly what time.
O when did you see her nexts A. She came home
between twelve and one, and two
O. Whct did she say when she returned homef \.
don't know exactly what she said
Q After she had been there some little time did you
hear her say anything about where she had been A.
think heard her speak about going TO the Doctors Of
fee she said she had been 70 the Doctors Office and he
said he would not give the papers up; think heard
her threatening the roctor
O What aid she sayS \. Shc said she would XIII or
shoot the Doctor. as he had nearly killed her.
Q. What else A. don't remember anything else
that said.
q On the previous Saturday night were you present
az conversation between Mr.. and Mrs. Hayes about Dr.
Lutener A. Some Of the time
q About what time Of the day was tY A. 1t was az
ter six O'Clock in the afternoon.
@ What said at that time A. heard Mr.. Hayes
charge Mrs Hayes with improper conduct with the
Doctor.
@ state all that said, as you can remem-
bert A. Mr. Hayes blamed Mrs Hayes for going to the
Doctors Office, very much.
q State what language he usedP a. He said she had
N tbares ha mr. I'M do mt