The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-09
nature OF the wound and stated IL my opinion that

OF the wound, and stated ~ oPinon s1oi
ii not q suicide.
The court here took recess Of few minutes
Cross examination resumed-Sawed out piece OF the
bone sawed each side of the ball. as to
cot the ball out without inurng IT, did not keep the
piece OF bone that sawed OUT sawed almost in contact
with the ball: sawed II with saw have In my case
have only one saw in my case; the thickness Of the
blade was that Of the middle portion Of this knife
exhibitng to court an ordinary kniie) sawed
BY District Attorney-Were you able to form judg
ment to whether the deceased at the time he received
the wound, was standing or sittingY
The question was objected 10, and ruled out by the
Court
Coroner Gamble sworn-I am one Of the Coroners OF
this city held the inquest the body Of Dr. Lutener
at the time arrived there about half past eleven O'Clock
A. NJ the body was lying with the head toward Grand
street, on the back there newspapers lying
under the head the floor; after looked at the body
went into the consulting and found Miss Shipman
and Mr. cockeiar obtained from them the revolver 1t
were on it, the next day for fear of an accident Mr.
Cockefair took off the caps there we're then Eve
six barrels capped from that time until the pistol
delivered to the District Attorney 1t was kept in my
desk; man by the OF Hagan was examined before
me at that inquest
o State in what way that deposition of Hagan was
taken before you that occasionY A. His deposition
taken in the usual swore him and told him to
and state to the Jury all he knew can't tell what he said
now he went and stated it. and signed his to IL af
terwards before signing his name toit think it read
TO him. present at the time OF Mr.. Hayes's arrest
Q. When, and where was t2
Objected to- and exception taken.
A. AT No. Nassau street up stairs, on the 10th day
Q. How do you fix the timer A. got back to the Hall
before o'clock had not noticed the time myself for
had no watch with me but Mr. Cockeair took out his
watch when got down in the street and looked at it.
and said it wanted twenty minutes OF one; did not look
at the watch.
Cross-eNamined-Q Don't you carry watchg A. NO.
lave two at home
@ How long have you been Coroner9 A. 1t win be
two years next January and Mr.. Cockeair have not
talked this affair snce have not read the whole of
the testimony have not read Cockears testimony have
been told about it, have been in Mr. Bluns Office YES
whether COckefair's
mony spoken Of got up on the morning Of the tenth of
January at about o'clock got up before breakfast
didn't dine that day; didn't get bite till got home to
tea; think breakfasted before ten arrived at the
Office about ten; ! am pretty sure Of that; made
no memorandum OF time that day think rode that
morning. did not hold inquest that morning before
got TO the Office; don't think in the Office when
note came don't know where it ii started to to Lutte
per's at half past eleven o'clock did usually do,
examine the pockets the clothes wet did not turn
the body over; chair standing in the ROOM it
an office chair stood somewhere the stove;
when went away, carrying the pistols, left one in
particular in charge Of the body; got there again at
quarter past one the body seemed to be the same po
ston can't say whether the doctors moved it, remained
there till the body removed after the post NOR
tenn laid out and carried into the consulting room
the post mortem was conducted on the hoor.
O. When YOU returned from Mr. Hall Office and reach
ed the City Hall what time was R A. 1t was O'Clock
by the City Hall clock.
Thomas o. Dore, sworn-Am a dry goods clerk at No.
AZ Broadway was there in January last boarded with
Mrs Ryan, 116 Cedar street. have seen Mrs Hayes;
her first day at half past u O'Clock where usually
dine at l16 Cedar street. heard of the death Of Dr. Lutte
ner FIRST heard of it by reading account of il in the pa
per- Mrs. Hayes the day previous; her at the
place where usually dine had her before
there but the domestic; taking my dinner
at the time; she said something in my presence; she did
not address herself TO me.
@ What did she sayf A, She wished to know if there
was anybody she could send for her husband she had
hat on, believe
Q. What further passed. A. asked her where her
husbands place Of business was; she said Nassau
asked her what was to say she requested me to tell her
husband (r Hayes she had been taken very i'll coming
down Broadway, and wished to see him as soon as he
could come to 116 Cedar street.
Q. Did she actually say that HERSELF A. She did,
went to his Office and delivered the message to Mr..
Hayes.
O. How long did you board at No. 116 Cedar street,
Question objected to and allowed by the Court
A. About six seven months.
q What part of Cedar street is ii? A. West OF Broad
way, within two doors OF Greenwich street.
Cross,examined-I usually dine after IL; it was be-
the store did not to Mr. Hayes Office till after had
my dinner.
The District Attorney here offered in evidence the de-
position of Hagan He offered it with view of saying
that the Coroner's inques. the said witness stated
differently from what he stated in court.
After some discussion the deposition was allowed TO be
read.
Cornelius r. Shelter, sworn-Am copyist; my place
vie he 10th Of January last my place of business
was at No Is Nassau street. knew Mr. and Mrs Hayes;
had known them about three years prior to that time
On that day arrived in the city at ten minutes of ten:
came in the Harlem Railroad cars IL the nine O'Clock
train; got in at Yor1yile; Mrs Hayes about ten
past ten O'CLOCK IN Mr.. Halls ONCE; that
No Nassau street. arriving at the depot went to
my Office; remained about two minutes before went
to Mr.. Halls; Mrs Hayes in the facing on Wall
street.-The inner room; did not speak to her; remain
ed in Mr.. Halls Office about twenty minutes Mrs.
Hayes again that morning Mr.. Hall brought her to
Office: that about three o'clock went to Harlem
with her. stopped the way Goslin's restaurant
and got glass of water went TO the Tombs for the
purpose Of seeing Mr. Hayes; did not him. she did
not; have Mr. Hayes write; can't say how often
hundreds Of times; familiar with his handwriting.
dieter shown to witness.)
Wness-1 believe that TO be HIS writing.
The District Attorney requested his Honor TO mark it
II. 2. Second paper handed to wtness)
Witness-I believe that to be hs writing marked r. g.
Third paper shown; same reply; marked r. 4. Fourth
paper marked r. d the same reply. Fifth paper, mark
ed r q; same reply.
Several papers here shown to witness who iden
titled them as being in the handwriting of Mr. Hayes
The District Attorney said he proposed to put these
letters in evidence.
long discussion ensued 10 the admissibity Of the
letters in evidence.
The Judge finally decided to postpone his decision in
the matter until this morning
The court then adjourned at halfpast O'Clock, until
TO. day at TO-