The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-01-15
THE ASSASSINATION OF DR.. LUFENER.
Continuation or the Evidence-Letters {
MIR, I{nys.


TESTIMONY FOR THE PROSECUTION coScLUDED-
AN ALIBI sHowE-rHE AFFAIR BECOMING noRs
NEUTRALITY-SUSPICIOUS. on THE INCREASE.
FOURTH DAY.
Before Coroner Gamble
At 10 O'Clock yesterday morning the Coroner continued
the inv stigaton In the above named case Mr. ana MIS-
Hays appeared much more cheerful than the previous
day The sAutation passed between them on meet
ing The court room crowded and great excitement
appeared to be nsniested the part Of The people.
The sympathy was generally expressed in favor Of the
accused parties.
The @ Jroner recalled the last wi.ness:-
CatbArine Dempsey recalled On Monday morning. Mrs
Hsys aid no 20 he City till 10 O'Clock Mr. HAYS went
hss; when Mrs Hays home Tuesday evening
did rot let in 90 not recosct seeing the pistol
after Mr. and Mes Hays had left for New York would
the pistol .,ng around; the last time saw Mrs
Hays was Tuesday mo'ni'g, between and o'cloci;
don't know at what hour she wen. to New York do not
think abe could have been in the house without my
knovleose never saw pistol In the hands Of Mrs Hays;
on Monday morning last piano forte taken from
the house-it was about Ii oclock-b by two men; Mr..
was taken away because the family goog the city
sometime this week Mr. hayp think said he going
weeks ago. heard Mira Hays speak going to Europe
on Saturday night when speaking about going TO Europe
go to Europe because did to stay mere
name of Dr.. Lusener VAS not mentioned to nay remsm
To Juror-I took up the pistol from the mani piscs
In ny hand by its h.atls busted the mantepie,e and
then laid it down again,
Juror TIE Ter exhibited the small pistol TO witness and
asked her If she ever no iced ths screw on it.
Wituess-No never did.
Don't ysu know this ID the pistol you saw on the
msutelpecsS
A. 1t vas one something Ike never saw but one
Honor. K,ue recsIet-w when Mrs Hays came home on
TuesdAy evening with iicer, let her in when ihs
came IL che asked me for drink have taken pistol
in mr. hand at Mr. Hsys' house. it was shaped like the
small pis.Sl here exhibited but dent know whether it
ali smooth rough Ike the here; did not OBJ
IL,
here shown TO after bay took the drink, think
she said she WAS gong to the station house but cid not
The witness here stated that she wished to have her
evidence Of the Gay ieal her. and
1owing corrections and additions made by and
ps csd on the n inutes of the evi iepce.
winess-Mrs. bays told me tell the truth; went
with MIRA H.ys.o the cars on Monday morning; Mrr.
Hays alec said to me, Oh for gracious saks don't
tbi,k Who told me that Mr. Hays sas in the Tomb and
he hooking Tor Mrs Hays; Asked him for what; he
doctor dead asked him what killed him Mr. Cooke
fair replied that Mr.. or Ms Hays had shot him.
To !. Juror remember the time that Mrs Hays was
abfent from her Suse few days during those days Mr.
Hsys was 81 home ~ sht.
Q What did DR.. Hays say to you about the absence
OF Mrs Hays?
A He did not say anything to me, bat he seemed to
not to like 10 have her go.
Where lid she GO to?
A. To Or. Lutsner's Mr. Hays sent 9 after her to
bring her home vent and asked her to come home
she told me TO go home aud see to the children
Q Did you deliver the message TO Mr. H.ys2
other Mr.. Hays read Of tn. notes in my pre-
to the effect that he wanted her to home.
Q. DO you know anything about Mr. Hays being ar
rested-not this time bst az that time?
Mr.. HAYS told me that he had been ar
the Doctors wife told that Mr.. Bays lad threat.
ened 10 shoot Mrs. Hays, which was the cause
trouble, Mr.. Hays threaten to shoot DR.. Lusener;
Mr.. Bays st home when Mrs. Hays returned from
ton between them tina, day. think Mrs Lutsnss
to the house that evening" am not sure If the Doctor
think heard her threaten the life Of Dr. Lut.nsr
What did che say she wanted to take his life for2
notes took 70 Mrs Rays from Mr.. Hays about the
size of the one now exhibited.
To JuiorI have heard several discharges OF pistol
in Ii yad, but never Mr. Hays discharge pistol
unit last Tuesday morning
Q, What time this pistol dischsrged-bssore
A. l. before breakfast; say land reached ont
from he area with The pistol di not see the man. do
Would you know the ents Of letter II you heard
one i.LdS
LETTER.
have called on you s-if this evening; also sent
FOR you several tea TO advise you - home can
only add thst the Loud msy strike lead the drst line
piss Dr.. Laensr's loor. If you particularly
20 him AID his IA ny as prefer aapg there
do go II you sleep out OF your this night
hall close the loate up Monday, and dispose of the
an inpasabls barrier between after This is
express essrn nation and II were to lose body and
soul would not sservs from it. W. d.
A. think heard this lste- read.
SECOND LETTER.
You have already heard my deter mioaon shall not
go Lutsner but viii hold him ponsibs for his be
havior IN this matter AM abou. retiring for the
night ard you do not return home by IL O'clock then
to me to morros you should received for you will
not remain out Of own house this night for any
hour ned, Am willing to make any exp spaton re.
aursd; but rot, you must not blame me fer what may
witnsss-I do not ret oIect the last letter.
Witness continusd-Mrs Hays was 10 bed on Sunday
night.
BY the Coroner Counsel wishes to ask you what time
Mrs. bays bid you good bye on Tuesday morning
A. don't know the time any thAn have already
stated.
Mrs Hays vas confined to her bed Sunday last;
went out on Sunday dafins the afteInoon
Edward Graham, Policeman Of the Twelfth ward sworn,
says-I the station house Tuesday afternoon,
between and ocloct Mr.. CocsefAr came into the
tr.nspred he told me he hai arrested Mr. Hays in New
York, and wanted to get Mrs Hays; then vent to the
Cociefsr we inecisd At the door, aud the door was
opened by Eonora Kane; inquired II Mrs Rays
Mr.. Caetoi.ir nk.d her VIVA. tim. Mr.. H.ys went %
the city; Sure don't know, bat shortly After break
fAs' teen left and went 10 DR.. Lu ener's house,
and ,hsrs related the melancholy news to the wisow
Mrs Iu;snsr was stairs; she came down. ami Mr..
house that rnorni, z; che replied, .As usual by the
O'Clock uAn he then asked her what time the Doctor
HON. the a she began to .usa aSon.
then told Mr. Coekeiar he had better tell her all about
It; he then too her Dr. Lutsner wa. dead Ari Luensr
smiled at re- and pAid TO her, That's so-thst's the
deputy coroner" pointing to Mr.. Cockefar, Mr. g.
said be had arrested Mr.. Hays, &c. Mrs Lutener
then threw berseh the sofa, and exclaimed,
III know it! Know III often varied him ssains.
those parties shs then mentioned about some
lstters; l told Mr.. Cocksfar those what
want we Their went up stairs: stopped on the Stairs
speak to the servant girl and Coeker by tia. time
had tie letters after setp the letters returned back
to hays house, and vas let in BY the girl; Mr
Ccckear .sd to the girl care you Mrs Hays not
In tsis house she replied J. N sure shs's nossh-'s In
towb g. said 'Wsll L m going to search th, house
ioas she's no, here Mr. then " ints he parors
While remained In tse entry; his then went d1sn in The
kitohen 40 did Ee there 81 Ca.hsrLe with two chill
dien her lap; satisfied that Hays not
In the house; Honora said something about mo ring
pianofors; Mr. G. ksksl che knew anything about Tue
cart she said Mr. Stammsr ut Fourth avenue and l26th
street coal merohAat we'd the piano; vent toere
md A aid he had only sent Of hii m helm