The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-10

ed she In from the street met her when she wss
went for Dr. Downes
Cross examined-It about twenty minutes TO ten
when the Doctor in to borrow the newspaper NAV
have said il 10 O'Clock in my previous examnation
but meant within few minutes of ten after the Doc
tor got the newspaper saw him go out had swept out
the store that morning before the Doctor come was
cleaning window at the time; then to sweeping
engaged in cleaning the window for ten fifteen
sweeping the stairway the building is three stories
high the upper part is occupied By military company;
agent for patent medicines
Albert g. Allen recalled by the Court.
Q. State whether you heard any noise as Of pistol
that morning. A. | did not
Q. Were you in the room Of Mr. Wood, and the
stairs from 10 to II o'clock A. was in Mr.. Woods
Office till the Doctor came in; was midway ON the
stairs when Miss shipman came in was there from the
time saw the Doctor alive until heard Of his death.
By Juror.o DID you see any other female there
Lorenzo D. Cumming, sworn-Was conductor on the
Harlem railroad in January last my train to the
rived at the depot the park Eve minutes before IL
that was by the time table my actual arrival lit
tie behind did not see Mr.. Hayes that day.
Cross examned-Q. Do you remember your time
for going to Harlem from the city that daya
Tbomas Edwards recalsd.-Q. Was that your way-bil
to the city at that timer way bill produced in court
witness-It Isl it shows how many got in at Harlem
who we're not commuters /; 1856 pesons came to town
District Attorney-I propose to show the jury the
pistol and ball
Vi
dence, but not the pistol
roth the ball and pistol were exhibited to the jury,
and were the roughly examined Or. Lueners revolver
was then handed in and also underwent thorough ex-
animation,
-. Henry Bertholf sworn,o Did you assist in drawing
Y How many charges did you draw A. The whole,
five in number.
g with what were they hlleds A. with ball, powder
and wad Each charge Is drawn separate
The charges here produced in court opened and
exhibited to the jury.
Tba nsetr Az
proposed to rest the case.
The District Attorney offered in evidence com SLANT
10th. 'N'' N'''V '''"''i
The counsel for defence objected to its introduction as
The complaint was finally admitted but exception
The District Attorney stated that with the exception of
the letters he would here rest the evidence the pro-
secuton.
The examna ton of witnesses for the defence was then
commenced by Mr. Busted.
John G Borland, sworn-I keepa gun store in Broad.
way have kept such store since 1910. (The small ps
toI WAS here shown to witness
This was made by Allen Krber, of Worcester, Mass;
the patent has expired have sold many hundreds of
been from five to ten thousand manufactured they are
all made precisely alike they all have the bore and
drilled by the same drill that pistol takes ball Of l4O
to the pound this size of ball is the universal size
there number Of makers make the same sized balls
for the sized bore Colt the Arms
Company, the Springfield Arms Company Bacon Co. of
Norwich Conn, all make the same size. (The revolver
was here shown.)
wtness-That carries precisely the same ball as the
other.
O. From your knowledge of gunnery, do you think it
possible to tell when ball has been fired through sub
stance what shape it had originality A. It depends
upon the substance; if fred through a common pine
board It does not alter the shape materally eongates
TITLE lhe broken or ragged ball then exhibited
O. Can you tell from the appearance of that ball whe-
Their It was spherical or hattened at the time red9
A. think il was round numbers one, two, three and
four might have been fred from that pistol the ragged
ball might have been originally like Of them think
Cross-examined-Q. Describe what form Of motion
ball has when discharged from pistol like that with
smooth bores A. 1t would have kind of vertical
ton; 1t reyoves on its own axis as it goes.
Direct examination resumed-Q. When bullet is dis
charged from pistol like that state whether not the
marks of the groove in the pistol would would not be
apparent on the bas A. They would.
Y Would such q pistol, Showing the revolver in
~ hoies y 70 ne neaa very large wound
Q. Could you nfict such a wound as has been de-
scribed the back Of your head line with the carr
II his very easily much more easily with such pistol as
Look at the bullet that out the ragged appear
ance, ard FAY how It was made A. ! should say It
Ann Ryan sworn.-I reside at 11e Cedar street. have
resided there for ten years. know Mr. and Mrs. Hayes
have known them for five years
Cross amined-Q Do you recollect the day of DR..
Luteners death? A. No; don't know anything about
Joseph Ridgeway swornReside at 2ol Bridge street
Brooklyn; am counsellor at law my place Of business
Ii.
Hal on the 9th Of January, 1854 was at the same
place; acquainted with Mr.. and Mrs. Hayes; have
known the former little less than three years and his
wife about that time; his place OF business in the
same office as myself; saw Mrs Hayes on the 10th of
January, in the morning.
Q. State where you her. and at what time A. Saw
her in my Office at ten or Ave minutes after ton nv Of
fee is the third story she remained in my Office
I'll left at quarter after ten stayed ten minutes
return at twenty five minutes past ten found her
in the same place where had left her after that did
not leave the Office until about half past eleven Mrs
Hayes remained there till time after eleven che left
in company with her husband, about quarter after
eleven did not see her again that day there two
to enter the Offices remained in the office during the
most Of the day saw Mr. Cockefar at the time Mr. Hayes
was arrested never saw him before; saw him then at
Mr.. HALLS ofce, No. Nassau street it about
O'Clock; Cockefar and Mr.. Hayes left in company with
Mr. Hall and Coroner Gamble Mrs Hayes Saturday
or Oh Monday, don't recollect which; it was day
Gross examined--Q How was Mrs. Hayes dressed on
that morning. A. don't recollect she came to the
Direct examination resumed-Q Was Capt. Pratt there
on that Tuesday, A; Yes.
COMMUNICATION she asked that requested her
to walk in; when Mr. Hayes they left together he
returned without her in ten minutes; know Mr. Edgar
Smith; he was in the Office that morning when Mr..
Hayes came in, think when Mr. Hayes in the Grst
time think he was In left the Office between eleven
and twelye-about half past eleven left in the
Office unless it might have been Mr. Smith was absent
ten or fifteen minutes; when again returned don't
reccllect whether found any one there, unless Mr.
HAYES had left and returned before half past eleven
Mr. Hall arrived at the Office after twelve oclock did
not rotce the time when Mr. Hays was arrested, any
more than by Geographic despatch received at ten
minutes to two and this about hour after have
personal knowledge that Mr. Hayes purchased pistol
him have pistol; 1t about the month OF May
or June Of last year; 1t small short pistol, the
barrel about the length of finger but Of whose make
don't remember; saw two pistols at the Coroners in
quest.
Qstate whether either Of them rcsembled the pistol
which Mr.. Hayes had?
Question objected TO and withdrawn
Rufus c. Kemp sworn--Am auctoneer; my place
Of business is Mt No IS Nassau street. in the city of
New York in January last reside ut los Blocker street
between Greene and Wooster went to my business on
that morning; walked down town walked down Wooster
Prince; proceeded down Broadway to the corner OF
Howard street and Broadway; had business with the
Bank Of the Union which Is at that corner IL is the
northeast corner; was fourteen fifteen minutes past
ten they have a clock in the bank behind the counter
which 50 walked down the west side.
O. Did anything attract your attention while walking
down Broadway A. 1t did; had just crossed Grand
street and stepped on the sidewalk, and had not ad
yanced six feet when heard the report Of pisto Of
l.fG Al -