New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-01-16

done IL Officer Graham saried with TO the corner OF
is7th q and fth av, between 18Th and l2s,h sts we
went to The house knocked and rang the bell Honora
Kane to the door and let In asked for Mrs
sie said she was gone TO New York dsked her when
she lefi and che replied In the morning" asked Tor
Mr. Hays; che said he gone TO his office the gri
then ssked my business told her wished TO see Mr
ssk.d where DIR. Luener lived Officer Graham and my
self went 10 the house Of DR. Lutener in l2sthsi the g
to the door asked for Mrs. Lutener we're in
vted into the paTl0r and 10 few minutes Mrs Lutener
GENE into the psrlor; rose from my seat and said
"Mr. Lutener, believe = she said Yes" asked her
when the last the doctor she said "at eight oclo
"his morning" asked her II she knew Mr.. and Mrs
Hays; she hesiia ed and said, Yes asked her when
sbe last saw either Of them she replied do not kno"
much about them nor do want to know they have
made great deal Of trouble; Mr. Graham said to
me- Tel her;" | then sad, DIR. Luiener i
dead in his Office = oh no. she replied.
he is not dead !" Yes, said Mr. Graaam ra !;
TO be falling Mr. Graham and myself assisted her to tne
sofa in a few minutes she revived. and exciamed-oh
knew they would do il told the DO tSr to give teem
vents with that she replied, III give them to you
and went up stairs followed after her she took key
from her pocket opened bureau drawer took out tin
box and set !, on the bed opening the box she took
hereirom roll Of papers tied with yellow string, saying
There they are then left on leaving the house and
entering the street another officer beckoned TO Mr. Ora
lsm be said to Graham that Hayss family had been
mOyiD: furniture assisted by men from coal yard we
again went IIsyss house and asked Honora the ser
want Mrs. Hays not then in the house she SAID
no. that Mrs HAYS gone TO the City and had not re-
turntd said 10 Graham Let's 90 through this house
lend satisfy ourselves did so; we did MT md her.
asked the girls in the basement what time Mrs
Hays left bome Honora said after breakfast asked
what time did they take breakfast and if Mr.. and Mrs
HAYS left the house together she said he could not tell
! esked her how Mrs. Hays dressed; she said she
wore blue muslin del ine dress but could not tell about
any other portion of her dress Mr.. Hays left first then
told her that Dr. Lutener dead che appeared sur
prised and made no reply then left and back TO
ihe City, gave the package of letters received from
Mrs Lutener TO the Coroner.
To juror don't recollec telling Honora Kane that
Mr.. HAYS shot the doctor.
The Coroner now produced the much talked about let
ters ard stated that Mr.. Blunt, the District Attorney
would give his opinion the proprety of allowing them
TO be published
Mr Blunt then remarked that in reference to the letters
found in the possession of Mrs Luener said TO be letters
written by Mr. Hays to Mrs Hays while in England,
publication by their contents that the parties are
not and wife Mrs Hayes being the wife Of prisoners
brother and therefore she cannot find that protection as
a wife would do in such case the law making the wife in
measure under the control of the husband aud thereby
held harmless to certain extent. In this each
is sponsbe for their Again the tenor of those let
tiers is such to warrant the strongest motives Tor regain
ing their possession and goes far to show the motive that
sctuaied the commission of the crime The publication OF
these letters is only fitted to crafty amOrbd curiosity am
useful purpose OF course they can be sup
med for the Jury TO inspect they are letters of pr
vate character and have further bearing in this
than merely show that desperate means might be resort
ed to for the purpose Of acquiring their possession
Mr. Busted counsel for the deiendants-I would wish
they submitted TO the Jury.
Coroner-I cannot permit that ] must give them to
the Jury first Mr. Blunt what about those lei
tiers
Mr. Blunt have not the least objection that the coun
gel for the prisoners should examine them. l myself
tell him privately the substance Of them oil
Mr.. Busteed-Wel, that's all want I've no fear Of
you and differing on that point
Coroner Gentlemen of the Jury you have heard the
opinion Of the District Attorney in reference to the letters
look upon him as the legal adviser in this matter and
liz will
The letters therefore suppressed from publication
by the Coroner.
There being no further witnesses on the part of prose
cutiop Mr Busted announced that they wished to pro
duce several Witnesses on the part OF the defense The
first witness called Was
Rufus C. Kemp saysI am auctioneer, at No IS
Nassautt.; was passing down Broadway on Tuesday
morning at about ten fifteen minutes past clock and
when in Broadway directly opposite DR. Luteners office
distinctly heard the report of pistol or gun stopped
TUNED around and looked in that direction TO see say
thing unusual had occurred stopped about full minute
thought no more of the affair until the next morning
when the report of this case II then occurred to me
that have heard the report of the pistol that shot
the DOCTOR am able fix the time from the fact that
wished the President of the Bank OF the Union
corner Howard and Broadway and was aware that
could moi him until at about quarter to half past 10
clock from the fact that the Board of Directors
Tuesdsy mornings and they don't usually get through
their buness until about that time noticed by the bank
clock when entered that it was fifteen minutes past 10
O'Clock | dm acquainted with Mr. Hays have seen
Mrs HAYS | am well acquainted with Mr.. Hays have
Mrs Hays for over two years past last saw
Mr. Hays prior this affair last Monday afternoon al
about O'Clock he called at my store on Monday morn
ing he called again and requested to send to his house
for piano cell for him the afternoon he
called TO know if had got the piano. told him
had not was unable TO get cartman to go after II on
that day but Had made arrangements for cartman to go
after the following morning told Mr. Hays he had
better remain at home until the cartman came he asked
me what time he would likely call; informed him at
about o'clock he said that if he came at about or
O'Clock he would try and wait mill he came the piano
was brought my store at about o'clock on that day.
the Mr. Hays gave for selling the piano was to
raise money his wife was going to England and he
wanted money to pay her passage he said he should want
an advance made on the piano.
To District Attorney Blunt knew Mr.. Hays before ;
he is in the Office of David r Hall am client OF
Mr. Hall the last time | Mrs. Hays must be about
two years or two years and half ago
To Juror-Iwas passing down Broadway, on the oppo
site side Of Broadway the Doctors office my attention
was particularly directed to the bar the corner OF
Grand ST. thought something might come from there;
looked for a minute two but not observing anything
unusual passed am very nervous at the report OF
gun or pistol what drew my attention more readily 1t was
sharp crack took it to be pistol discharge; any
person had been running away huredly from the corner
think should have noticed it thought was rather
too early for the bark and therefore walking slowly
when Hays told he going to send his wife to Eng
land okngly remarked, Have you gottoo many wives
about twas merely joke; never knew OF any diff
cuy in his family he said he might want some other ar
tces of furniture he only wanted to keep enough to
furnish two rooms.
John Meggs ian elderly man sworn, said-I reside in
l29th st. Harlem am freight and ticket agent for the
Harlem Railroad Company on Tuesday morning last
was in my Office at Harlem, and saw Dir Hays the prso
ner here he got into the car with me at 10 o'clock
end 10 minutes after to New York 1t was full as
late as that when the train lef Harlem don't know how
far Mr. Hays came in the shortly after be got into
the cars saw him there.
O. From the time you started at Harlem-ssy Eve min
ues after 10 oclock-and arrived at the corner Of Grand
f. and Center. what time would II be '
A. All that lean tell is by having timed myself yester-