New-York daily tribune., 1854-05-12
LAW INTELLIGENCE
COURT OF OYER AND TERMISER-sesose Judge Roo,EvE.r
THE TRIAL OF MRS. CLARA HAYES
M , CHARGE OF THE MURDER DR.. LurESER-cos.


accompanied BY officers knight and Lett who were do
pued to her custody and took seat the couch or sofa
sne still occupies az does Mr. Hayes, an apartment at the
Irving House. the Court having directed on account
her state of health comfortable accommodations. Mr.
Hayes has been continually present as well as MIS- H.
the trial.
The counsel sr efeuse stated that they had not beer
able to obtain the witnc alluded to on "Wednesday as to
person having made threats anss Dr. Lufener anu they
would dispense with the testimony They heard however
last evening OF gentlemen whs VIII sorrooorae 'wo o'
their witnesses, and they will call him.
DR.. J. Shelton Mckenzie svorn-ws in Newf sk jan.
ives, side oppOt. Dr. La.sns.' Sss =. e o;os bs.s
10 or hr down the nss~ and Il cuz no more Of u hsar5
of ths occurrence.
The case then rested on both sides Counsel for defense
remarked to the Court thu there is evidence against
Mrs Hayes tending substanate the charge, and with
the assurance on their minds 81 her innocence they pro-
posed to submit the the Jury under tie charge Of
the Court without summing up
The DistrctAttorney eer roI1nrks in WITCH he said
he had done nothing throughout this whole rter tn
his duty expressed his willingness ths the should be
submitted without summing mp.
CHARGE OF THE COURT.
The following is view Of the principal points 4 the
charge:
The families of Mr. Hayes and DR.. Ls,cner lived in :e
block at Harlem. They had been acquainted and
the habit of visiting each other for three four months
and continued TO do till four five weeks anterior o
the death of Dr. L. when disagreement took place at
the house of Mr.. Hayes between him and Dr. l.. about
game of dominoes On that occasion Mrs. Hayes sided
with Dr. Lutsne and the consequence was, or at least
such be the inference from the evidence, domestic
took place sitter the departure of their guests or
next morning being Thursday morning. Mrs II. dispatched
returned with him his house whore she remained
days saying to Mrs. Lutener hatiHayes had given her
dollar aud told her to leave the hcuse Some nste after
ward passed On the following Saturday Mr. Hayes went
to the house of Dr. Luener Mrs HAYES Mrs. Hayes
opened the door He asked her 10 90 home and she
fused. On Sunday evening he called again. but she was
not in She remained in the City that night having stayed
with Miss shpman at the doctors office, he being at his
home Harlem. This the Jury will recolectwas four
five weeks before the occurrence. On Monday morning
Dr. Iuener went to town. and found Mrs Hayes with Miss
Shpman at his Office. Mr. Hayes there that day, and
high words took place and there were threats of shoot
ing he having small pistol and Mrs H. also taking up
Dr. Luteners revolver Dr. l.. laid down. The whole
hs to have been Of deon aud being II in the
ss % % sy be . 81 hs es 81 home me S
night bis wife ef Harlem FOR town next morning att 9cocs and
man 5ens in with him. be having he'd he said dar
lie nis In the eou.e O. that ds d0't aud MI; a. and M
H. for euns her life lM hitting said The complaint
and ia the sslnocn Dr. LIS house Harlem
M Hays 9GY HAVEN @ % S S S S ae h S SS% lie
made some Z about ne doctor and on ,hs even
house Dr Lupe her outside ana
ss Tor an .!s % M hT.. M and hss S s9 Gs s S 20 M
which he did not believe there had been Illicit inter
daisd and "a Of December that nineteen DAYS
before the doctor destH that ayes % ana n VIE & 50 o %
The dc,ire and efforts q MIs Hayes, and perhaps Nj;
separation placed the hands Dr. Lutensr aud which he
@ the death her urgency and Excitement on .ubec, appear.
to have reached Z: climax and DO not wonder a. u; 9s female
CRY Tor having given the letters would Kill her and
cordenn,d pursued by Dr. Lune Withholding tho
letters She runed 70 Harlem that aitor1oo9 about o'clock,
pnlry words charged her With improper inteeoao with the
gave the letters to extraordinary thing consider.
ns heir Tor ha 70 % a0 @ & eOfq % ana & ou u o. S
Nothing shown 70 what occurred on suniay On MONDAY
who lived with Mrs Hay. ssn came to the Cry and
s nor give no be letters she threatened the Doctor aud
would lin shoot him On Tuesday morning again sbe said she
rioyen Of Mr. and Hayes taking Of the children aud
wa, Ky b not %s SIN & w9e ssteS o. 'as h %
Ms Hayes took that Tqeday morning into the yard
and she aierwsd heard report She has never seen the pso
M MsIs S hs % I 3 has S n M csep snd M ye ss
that day; to the testimony to Dr. Lutener being found
II @ s 3 s M s s.:poa % & to Hss s o' ad E
the lady wei before get into stage with NJ shg
owing 9 vel The Jds .1dsd S TO- to the fse s.
about that time with any other lady Mrs Hayes Judge
reed the fact that Mrs Hayes at the office Of Mr. Hail.
few minutes O'Clock She inquire SIR. Hayes,
sne Ms Hsys. Hmsdssy ;oss6er wh:rs they
~ ~ eoci Mr.. Hsye. wss At the house Of Ms Rysn Cedar
and the messsge she sent from there to Mr Hayes
the emony shows be might have COMMITTED suicide %
10 do So The jury will weigh this Il Il probable
hi committing suicide he would have ehoen such pistol a. this
when bis alyeharsed and capped revolver w lying IN
@ few feet & OF & M IN spse to s Pss' Ss . i1s'
DE- Iusns death ke precie time esept ths must been
the neghtobood Of O. not known and the fset Of Mrs. be-
emied The act The Judge p
siudeS tohe 1i.ss pIy would run public
@ " hour Of the day day Tue there ,..Do are T9 oG OF s1 %
other BY that o. the consulting room "hee ne '. Pi9 was
ierred 10 various points he testimony It viii be for the jury
carefully weigh and determine l. Doabts arise in ths eIirsord
the Jay apply til, evidence 70 the Civ
reasonable uncertainty which may n their minds ia regard IT.
The Jury retired being about five minutes before IL
o clock.
About II the jury sent in communication stating
with to be allowed the perusel of the letters which bad
been in possession of Dr. Luener. Council for defense
conended that the case being closed they had nothing to
DO with them. The udge said he had decided that tho
letters evidence and lie in doubt whether they
ought not STILL except the parts unfit for the public eye be
given TO the jury.
The Distrct-Attorney said he willing the Jury should
have them Counsel for defense said the stipulation ac
they contained matter calculated to induce
strong desire the part of Mrs. Hayes for their reposes
sion had been accepted by the DtrctAitoney in lieu Of
reading them.
The Jury was brought in. juror stated that part
only Of the Jury wished have the letters II finally
decided though the Judge said he did not approve Of thus
cuitirg up matters trial. that the stipulation had been
accepted by the District Attorney substitute for the
etier-and the jury without the letters having been read
OF delivered to them, again retired.
In the communication by the Jury asking for the letters
The Jury said they would respectfully represent their de-
sre be permitted to perse the papers letters found
in possession Of Mr. Lutener which were suppressed