The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-05
Mr. ndred did not show to any one else to my know

Mr. Edred did not show ii to any else to my know
ledge.
@ Did you chow It to any Sther witnessa
A. No. sir, unless it was to Mr.. Hngan; he with
Mr. Eded at the time he asked whether he had said
GIVE ''ten minutes at the coroner's inquest and
ask you, did you not say to Mr. Hagan that he had
better come over to Office to what he had tes
fed tor
A. No, sir, Mr. Hagan, as understand, had testified
before that.
@ Give direct answer, sir.
The Court said that the witness had right TO give his
answer and then explain.
O. Did you tell Mr. Hagan at any time that he had
better go TO your Office to refresh his memory
A. Not until was asked by Mr. Edred and then said
TO Mr. Hagan that he might well come
To the District Attorney-(P Paper produced)-When
went up to DR.. Lutener's that morning. | receiveda
Toward V. Graham, Of the Twelfth ward police,
Harlem there was fence to the yard; it was close
board fence; at the time Of the investigation Of this
case before the Grand Jpry Visited the premises 1t was
@ For what purpose did you visit the premises at
that time?
objected to as posterior circumstance.
CourtLeave out the object and let him state the
Mr. whitney-Then deny his right to prove IT. the
with it before it could DO introduced legtmately.
courtMy impression is that it is very weak evidence,
O. What time of day did you go to the premisess A.
About O'Clock.
y.
jected to admittedly A. examined the fence inside
of the yard discovered two bullet holes of them
the ball had penetrated through and through the fence
in the other the ball lodged there cut it out put
il my pocket and brought to town gave it to the
District Attorney at the Grand Jury room the board was
inch and half quarter thick; the ball deep
in that did not see II until sounded for It.
To Mr.. Whiiing-I did not put mark on it, there
peculiar mark-a rng-round it, at the time found it.
10 the District Attorney-I arrested Mrs Hayes made
the Fifth avenue 1921 street. just going into
the house; 1t was, | think, between and o'clock;
Iary hn,aa that frhf IN
city with her next morning in the quarter before O'Clock
train
q After you arrested her that night, was there
charge made in her dressY
A. Yes SIR took her home the station house for
that purpose Invent home with she changed her
MIR Whiting said that before cross. examining this wit
ness he should like to know If the District Attorney in
tended 10 put this ball in evidence We suppose 1t is
NJ oily inadmissible.
District Atiorney-I propose to put in evidence this
ball ard the small pistol found in the Office OF DR. Lutener
nj the time his body'was discovered.
The Judge said he thought 1t would be subject to
Mr. Whiting did not deny the right Of the District At
orney to put evidence the pistol found in the Office Of
Doctor utener but he denied the right of the District At
torney to put that ball in evidence and If the Court
ruled that the ball should be put in evidence then he
DIR W would cross-examine the Witness but If the
Court decided that the ball not competent evidence
lie submitted it not then they would not cross
examine him. Counsel continued to contend that ball
having been found in the fence ~ Mr. Hayes house, six
wee after the transaction could be in connected
with tile accused.
The Court said counsel seemed to forget that one of the
witnesses had stated that in the house, while Mr. and
Mrs. Hayes there, she the witness) heard
Mr. Hayes firing in the yard.
Mr.. Whiting interrupted.
Tie Judge-You to think the Court has lean
ing; IL has none, unless it has leaning for you.
Mr.. Whiting still urged that this ball would be no evil
Mr. Hayes and she, the prisoner trial. is not to
answer for her husbands guilt innocence she not
here TO answer for herself We conceive that there is
aspect in the case to Justify the evidence.
The Judge said the Court had no disposition to crowd
this against the prisoner The question whether
the pistol found at the head Of the deceased
not the pistol that usually in the house Of Mr.
and Mrs Hayes don't say that Il makes out the case
should certainly say to the jury that this evil
dence is very weak they to weigh the circumstances
the whole case Is one oil circumstances The Court would
give the counsel for the defence the whole benefit Of the
exception.
Cross examination by Mr. Bustecd--Nobody was with
when abstraced the ball from the fence; it took
about three minutes to do III did it with nallet
and large chisel; got the chise FROM Lockwood Il
Gian's shop, and the malet in the same place; re-
turned them to lockwood l. Gillian; i did not bore
through the fence to get this ball OUT estimated the
boards thickness to be an inch and quarter did not
measure IT. it was common rough board-not planned
grooved but il its rough state the house is next to
the corner but the lot Is vacant there but
houses the lot the lot opposite is built on
the houses separated by space Of ground there
Is 40 building Immediately in connection with them
the two houses stand separate the fence Is about five
at that time the house unoccupied; the one
adjoining it occupied Mr.. and Mrs. Hayes moved
saw Mr. Blunt immediately coming to the Grant Jury
gave the bullet TO him; did not see what he
did with IT. it afterwards in the Grand Jury
il hardea to me; only saw 1t the hands of Mr.
Blunt. did net it in the possession of any of the
Grand Jurors.
G. by what particular mark do you recognise the bull
let A. by Kind OF little ring around it.
Bullet produced and witness points out the ring by
which he identifies It,
Wincss-That Is tho only mark by which identify It,
Mr. Blunt district Attorney to prisoners counsel
If you wish to put the stand, will prove it is the
identical ball he witness gave me.
Mr.. Bustced-We have wish to do anything OF the
kind We viii take your word for it
Witness to Mr.. Buseed-I put no mark on the ball at
the time.
To a Juror-The ball was in my possession from the
time distracted it until gave it to Mr. Blunt nobody
saw it,
To Mr.. Bustesd--I did not mark the instrument with
which absrncted il; don't know that should know
that instrument now IL were to it; did not mea
the diameter Of the hole and can't how large
il was; can't tell whether the hole made by bull
let anything else my discovery Of the hole made
by casually looking should judge that the ball half
way in the fence; it out OF sight did not
how far ii was imbedded know could not see it.
The Cour at the conclusion Of tho animal ton
of this witness adjourned to this morning 10 o'clock