The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-03

COURT OF OYER AND rERNIsgit
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spectators, anxious to witness the opening Of thu in
teresting trial
Mrs. Hayes entered the court shortly after 10.
She appeared quite ILL., and unable to walk 10 coiSd
rendering II absolutely necessary that carriage should
be procured She remained closely veiled until the urr
had been empannelled. Mr. Hayes appeared in good
health and spirits The lady appeared to suffer from the
close and confined air Of the court room rendered more
oppressive by her delicate state of health
Messrs Whiting and Busteed appeared in behalf Of the
prisoners and the District Attorney the
Before proceeding to empannel a jury, Mr. Busted
said they ready to proceed with the ial but un
fortunately of their witnesses Capt Isaiah Pratt
was absent. He daily expected but In case he
should not appear before the close of the trial. the
fence would ask permission to read the witnesses evil
dcncc from the Coroners minutes The District Attorney
objected, he was only present a short time at the
Coroners investigation and did not hear witness
testimony
After several challenges, the following jury wa,
empannelled -
Edward latham, John Adams
Charles Griffin, John Scott
Michael Rice, James P. Brenner
James Vaudeville, Wm. II. Conklin
James ~ nch Lewis w. Dunham,
John Hanley. Is.frs Snerry
The District Attorney in his opening address, stated
the circumstances Of The in detail He occupied
nearly an hour in his apulaton of the facts as thew
appeared in evidence before the coroners jury He
asked in advance and he knew he should receive IT. their
which he was about TO spread before thom Painful at
all times the dGy OF the public prosecutor in n
like this IL doaby distressing They had before
them at present arragned at the criminal female
OF high accomplishments of attractive person. who
stood charged with crime of the deepest dyehat of
wifui and deliberate murder The circumstances this
case the apparent mystery la which it was the time
enveoped seemed TO form q subject of romance, and
would hardly lie supposed In the field of reality
On the 10th Of January last in building situated In
Of most crowded thoroughfares at the corner
Of Broadway and Grand street, in his office, at
nf hall tyf
divdual Doctor Lutener by name found lying dead
upon his floor Tho examination of his body showed
the fact that his death had been caused by discharge
from pistol the ball of which had penetrated the back
OF his head He would proceed to point your at
.ne iacs to show that the death Of this
at the bar, by name Clara Hayes This female is the
wife of individual residing in Europe and at the time
OF this occurrence was herself residing with brother
of her husbands in the vicinity of Harlem near Fourth
avenue Deceased kept Office at the place designated
above, and resided with his family in i26th street II
will be shown to you that some months prior to the
death Of deceased acquaintance formed between
Doctor Lutener and his wife and the prisoner implicated
In this indictment, and that all went harmonously
until about four weeks before this catastrophe;
that upon that occasion DR.. H. in company with his
wife paid visit to Mr. and Mrs Hayes that while there
Hayes and Luteuer amused themselves with game Of
dominoes, and while engaged difficulty arose be-
tween them in reference to the game, which resulted
some angry words and Incorporate expressions. Mrs
Hays demonstrated at this conduct Dr. IMtener and
his wife left On the ensuing morning message was
sent from Mrs Hayes to Dr. Lutener at his house He
left and in short time returned his own house in
company with Mrs Hayes and Mrs. Lutener prepared
bed for her in the house 1t will be shown that while
thus an inmate Of the house various visits made
there by Mr. Hayes desiring to Mrs Hayes After pro-
ceedng at great length to detail the evidence elected
and made public on the Coroners jury, the District At
torney referred to the circumstances under which the bo
dy OF Luener found by Miss Shpman lying on the
hoor apparently IT. o impressed upon them the fact
that the small pistol which found in the of
Lute1cr at half past TO- within few feet of his head was
exactly simarto that discharged Harlem before eight
which was cxsrsctod from the fence Of the premises
occupied by Bayes exactly lei the s.oi found In the
s q Sssse Ths load
which could be forced into the muxzle In conclusion
he said the Of circumsanta evidence; but
the circumstances of the pointed unerringy to
the guilt OF the party then. in the eye of the law cir
cumstantal evidence far conclusive than even
untruths. 1t would be for the defence to show them
how far the links of the chain Of evidence could be
broken. That they might be able so to do he would
frankly express his wish in advance for the sake Of the
sex to which the prisoner belonged and for the sake of
our common humanity. He trusted that She at all
events, might be enabled to absove herself from the
fearful sin of wilful bloodshed.
Mary Lutener wife of deceased the first witness
called for the prosecution Witness interesting look
ing female apparently about thirty years age she was
dressed plainly but handsomely In deep mourning and
appeared as II recently recovered from illness Being
duly sworn, she testified follows:-
Am the wife Of DR.. Lutener had been married about
death in 12sth street. Harlem few steps from Fourth
ayenue the street Is not OPEN the west side of the
avenue; my house fronted towards the city; knew Mr.
and Mrs Hayes; they resided previous my husbands
DEATH in Fifth avenue, 129h street. had been ac
quainted with them from three to four months prior to
the death Of my husband in the habit OF inter
changing visits at the house Of Mr. and Mr. Hayes
last about four ve weeks before his death had been
with Mrs Hayes all day; she sick; my husband
in the evening with some medicine.
Mr. Whitney objected to this evidence as illegtnate.
The Court said the actual death admitted this
evidence intended to show connection between
these parties and that dcath-perhaps to show
troyersy.
witness-Mrs. Hayes was lying in bed and Mr.. Hayes
and my husband were playing at dominoes they had
words while playing about the game the ominoes
were then put up, and went home during this dispute
Mrs Hayes dsapproved of her husbands Conduct she
said she did wish US TO 20 home and wanted ms to
sit down; went home with my husband saw Mrs Hayes
the next morning girl came ths next morning, and
the Doctor left the house; the girl girl Of
Mrs. Hayes the Doctor was absent from ten TO twenty
minutes; Mrs Hayes returned with him this was before
with the Doctor Mrs Hayes said Mr. Hayes had told ner
to leave the house and had given her one dollar she left
my house. and left to go to the city, she said she would
go to MI Hayes office to him; the Office of my hus
band at the of Broadway and Grand street
Mrs Hayes started to to the city with the Doctor be-
fore leaving for the city did not see Mrs Hayes saw
Mrs Hayes the same day in the evening" she came
to my house, she remained in my house that night she
came home with the Doctor she slept in back bed
she stayed at house that time about three or
four days, rccoect; she slept there every
night during this time Mr. Hayes came to the door, on
he Mrs Hayes; Mrs. Hayes opened the door
Q. Did you hear what was saids
A. Yes
o. State what IL was. A. He asked her to 20 home.
and she said she would not.
Q. When next did you see Mr.. Hayes. A. On Sunday
evening.
Q. WhereY A. In my house.
q Did he see Mrs. Hayes on that OCCASION A. She
had gone out in the morning.
Q. Was your husband at home at the time A. Yes,
in the evening.
Q. Did Mrs Hayes return that nightg A. She did
not.
Q. On Monday morning, did your husband 90 to the
city, A. Yes at the usual time, either to go by the
eight nine O'Clock train received message that day
purporng TO come from my husband 1t in the
ning he did not return to Harlem night the next
morning Tuesday left Harlem and went to the city;
eft in the six o'clock train lfound Mrs. Hayes in the
Doctors Office Miss Shipman there also; Mrs. H.
sitting alongside Of him, and he was living on the
couch What did he say at that time in reference
his condition. He said hc had been sick all night;
said Mr. Hayes had been there and Mr. and Mrs HAYES
had been quarrellng he said that the cause OF his
taying there all night; that be wanted to leave the
be said that she had taken revolver up tn shoot
Hayes went to Jefferson Market Police Court with her
between ten and eleven O'Clock in the morning the Doc
no aa1ea frr., tI Y