The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-06
TRIAL OF CLARA HAYS
FOR THE
MURDER OF DOCTOR LUTENER
ILLNESS OF THE PRISONER.
Court Of Oyer and Terminer.
Before Hon. Judge Roosevelt.
FOURTH DAY

FOURTH DAY.
MAY 5-The Court met this morning at 10 A. NJ. The
court room was crowded to excess the number of speca
tors indeed appearing to increase with every succeeding
day Of this interesting trial.
At half past ten the prisoner not having arrived the
District Attorney, Mr. Blunt and sad-I advised
that Mrs. Hayes is that very critical condition that it
would be attended with great danger to herself to bring
her into this court room much for her remain
during this painful investigation. have met her physi
can who tells that it is impossible for her to be here
and therefore submit to the Court that humanity and
some regard merely to the prisoner but to the public
officer the discharge of of the most narrowing duties
that falls to the lot of man. requires that this should
be suspended for the present advised her counsel
that she insists upon being brought here and submit
therefore, to your Honor that 1t ought not to be, and
view Of seeing how far this unfortunate female may
may not sufficiently to enable her to be present
Mr. Busted, one Of prisoners counsel, said he SYM
pathized entirely with the learned public prosecutor in
view Of the onerous and painful duty devolvng on
him. The counsel for the defence would be very glad
to second the suggestion and postpone the trial If
they had any discretion left. In the matter of
the prosecution of this trial, they had no discre-
ton left. The fact was painfully apparent to all that
Mrs. Hayes in exceedingly delicate condition
Of health The counsel for the defence had already
twice related to the court that her longer confinement
the Tombs would be extremely preudicia and had made
repeated applications to admit her to bail Notwth
stand her eneebled state Of health Mrs Hayes insisted
peremptorly that the duty with which her counsel
charged should be discharged without delay She
this trial continued until it is completedshe wants
this jury to say whether she is guilty upon the proof
furnished not Her counsel believe that her sickness
is be attributed to the confinement she has undergone
and from extreme nervous excitement from this trial
The District Attorney cited section Is, page s2oNo
sse he personally present during such triso ''' -
The Court said that when prisoner Is in such condi
ton, either mental bodily that she is not able to de-
fend herself she is not in condition to be properly
tried, and that the trial should be suspended.
Mr.. Whiting SAID bodily infrmity OK
cuse-idocy carried rresponsiblity. The prisoner had
been confined in place which disgrace to the age
place in which 1t utterly impossible that she
should remain and continue in good health Hers
temporary sickness that would pass away shortly and
she would probably be able to be brought into court in
the afternoon.
Dr. IAnsdon, who saw Mrs. Hayes yesterday profess
Question Have you been attending Mrs Hayes medi
cal advisers Answer. Yes.
Q. What was her condition last evening" A. She was
somewhat better.
Q. How was she this morning. A. She had an inter.
mittent fever when attempted to get her up found
she could not come here.
O. you consider that she is in condition to be here
while this case is going ons A. No.
q. How long were you theref A. About twenty min
utes.
Q. Do you consider her seriously unwell A. Not SO
much but that she will be able 10 he here to- morrow
think by this evening she will be able to be here.
Henry Bertholf, Of the officers Of the Court,
then sworn-I came to the hotel at haH past seven
eight o'clock the prisoner; she lay perfectly stupid
with her eyes sunni back In head and pale death
she aroused little while there; left and returned
again, and she about the same met the District
Attorney, and related to him the condition she in
she appeared 10 be very feeble
Mr.. Whiting said that the prisoner insisted upon pro-
ceedng with the trial. wished IL possible, to have IL
go without her presence He submitted TO the Court
that they stood ready to procure written stipulation
that objection shall be made to the proceedings this
day in this court If this goes until to
row. it will go to the middle Of next week These
prisoners cannot compensate us cannot proceed with
any other business in the meantime. She Is senstvey
alive TO condition, and under all these circum.
stances they urged upon the Court the expediency OF
proceeding without delay.
The Court said The statute this subject Ia beyond
question and unqualified II declares without reserya
tion exception OF any kind, that person indicted
for any felony be tried unless he be present during
such trial That ie the whole Of H. far this case
concerned The next question IL, the trial 20 on Il
the prisoner consents through her counsel 10 waive the
right which Ia intended for her benefit In crimna
not disposed to give the statute tor
which would be extending II by implication. The
TIC. t.sls, El.ot 10 IL :. ..y.
Hr. Buste.d-T will state here that Mrs Hayes /.
I. cen.nS intc court and viii Ne here very shortly.