New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-01-14
NETWORK DAILY TRIBUNE, SATURDAY, JANUARY IA, 1854
THE MURDER or DIR. LUTENER.
INVESTIGATION BEFORE CORONER GAMBLE
THIRD DAY.

THE MURDER or DIR. LUTENER
INVESTIGATION BEFORE CORONER GAMBLE.
THIRD DAY.
This investigation resumed yesterday mornag q, II
o'clock and considerable testimony taken the
important OF which we give below large number Of
fpectaorS were present and manifested interest 10 the
proceedings.
Zacbara f. Smmons sworn-Says he is a clerk in the
employ Of Mr.. Wood and am broker; the morning
of DR. Lueners death be into Office and Dor
rowed the Herald he then left and in about IS 80 mn
utes afterward informed by Miss Shpnan that he
had either tainted dead days previous to
this the doctor in my office when he said TO II
appears to that got into id nasty scrape about
"a woman last week some man had got into difficulty
with hs wife, and she came to me for projection kept
cher house for dav two. and her husband De-
very jealous and has threatened 10 shoot me- ne
drew pistol in the street one night; hal also
prepared myself with six bGrrelled revolvcr told
him. when be drew the pistol to take good AIM for hi
got one with six bsrrels and he did not hit me would
certainly hit him with OF my six this man beldt2
hail before Justice Stuart after tlis little difficulty
found ont that this woman the wife of this
but that she the wife Of the mans brother and IN
tend TO make motion to have him expelled from the
"Mase mic Order, of which / am member; told my
lie the other dsy that II hard to have the ma Of
doing wrong with married woman. without having the
aoone II was bad scrape and will never get into the
like again there was no INSTRUMENTATION oe'"esn W
Honoa Kane sworn says-I have resided as dones.
tic in the family Of Mr. and Mrs Hays for the past FIVE
about 10 O'Clock, and before he left Airs Hays bid me
Good by as If she going out; she had green
rno dress butn shawl or cloak did not see her go ont
Of the house from the time her with the green dress
on did not her again until she came home,
,.,..c 49, 90 in the afternoon che then had on a
plaid shawl black velvet hat and iIlnH ~. On green
dress saw Der again that nigft ~ .ne s ,naa,
Harlem told her that night not to dSe me y "uss'
if she could avoid II believe she made me ID answer,
except that had Notng to do with IT, or something 10
that effect believe N,s Hays told me that she her
~ offco II Mr
HAYS talking about Ur Lutener within the last three
weeks have heard Mr Il. her of having suffered
Dr. Lutener to manifest mgurty of conduct toward her
don't know whether Mr.. Hays was jealous of DR.. Lutte
Der have heard Mr.. Hays say that he had good mind
10 shoot DIR. Lutener have pistol ike the small
one exhibited in Mr. Hayss house, had one in hand
but did examine it closely, nor do know whether
there were any marks upon; II resembled the one
see as to it, size the pistol in the possession OF Mr.
HAYS last Tuesday morning did not him hand il
Mrs Hays, nor do anything else with il never saw
him load the pistol have not seen the pistol since
that morning. Mrs. Hays told me about the letters DE-
Lutener had in his possession she said he reusedtO give
them up; she made threats against him at that time
have heard her that if she lad pistol she had
good mind to shoot him. she would do it, on that
Tuesday morning don't know that either Mr.. Mrs.
Hays took the pistol have been spoken 10 by per
sons about this affair and all told to tell the truth and
as far can remember have done l t. the
Station House at Harlem because heard that the officers
looking for me to stay all night with Mrs Hays
remained there all night never saw the pistol in the
hand of Mrs Hays; | told Mrs Hays in the Station.
House not TO bring witness if she could avoid it
Mrs HAYS replied, Oh, you needn't tell :" she di no.
say what last Monday evening heard some talk at
the house between Mr.. and Mrs Hayes, when Dr. L1te
ner name was mentioned Mrs Hays faint ald NJ.
y wished TO put her to bed | remarked that she looked
like DEATH he replied that she had right t. TO Dr.
LuteIer's on Tuesday morning Mrs Hays complained of
being sick this was while she in the kitchen; did
not her sitter that time when he left the kitchen she
bid me goodbye think she Told me she was Tag to
New York, but am not Mrs. Hays bid me good
bye before Mr. Hays left the house | observed nothing
peculiar in her actions that morning. che always in
the habit of bidding me good when she leu the house
don't know whether Mrs Hays in the house all day
or not she could have been there without my knowledge
heard Mrs. Hays say she going to Europe shortly.
Catharine Demsey sworn-Says have lived for ten
months past in the family Of Mr. and Mrs. Hays a do.
nestle; on last Tuesday morning got up between and
o'clock had breakfast that morning between and
o'clock think Mr.. Hays took breakfast but do not
know if Mrs. H. did; the table act in the kitchen;
think il 10 o'clock when Mr. Hays left the house;
think Mrs. Hays left first but did not her 60; Mrs
Hays dressed that morning in plaid dress black vel
vet hat and plaid shawl; when last Mrs avs that
morning with her hat and shawl on il was between and
o'clock when she was in the Kitchen did not her
leave the house think she told that she going to
New York have seen pistol like the small one here
exhibited in the hands OF Mr. Hays, but in his
wife's hand | do not remember ever hearing Mr.
Hays make any threat against the life OF Dr. Lutte
ner l take Of the children, and more
in Mrs. Hays company than the other servants
heard Mrs. Hays say on Monday evening that she did
morning Mrs Hays left the house about hour before
Mr. Hays / saw her last between and ocock she
was then getting ready 10 put her nat and shawl when
he returned home she said to me- dontyou recoec the
&" time went out this morning r said yes
Question by a Juror-What time was it
Al last saw her between and o'clock do not rec.
ollect what words Mrs Hays made of when she and
Mr. Hays talking aDgriy about the c)nldct of Dr.
Luener; they were very angry together; heard Mrs
Hays once threaten to kill Dr. Lntener; before Mr.
Hays left the house. Tuesday morning, | went
through all the rooms, but did not Mrs Hays do
not reeolect seeing the pistol in the house on Tuesday
after Mr. and Mrs Hays left the last time the pis
to it in the hands of Mr. Hays positive that
the small pistol here shown is not the Mr. Hays had;
il may be- may not be, cannot tell saw Mr. Hays
on Monday Tuesday last shoot the pistol out in the
yard, but DO not know whether not he shot mark
have often him do it never Mrs HAYS shoot
of pistol in the yard; don't know if Mr. Hays kept
powder and ball in the house; | never heard Mr. Hays
instruct Mrs how fire off pistol was never sent
by Mr.. Mrs. Hays to a store for powder do not
know whether Mrs. HAYS, when she left the house
Tuesday had muf with her the color of her muf Is
white, with black spots do not think il late
0 clock when we had breakfast on Tuesday.
The examination was here adjourned until 10 o'clock this