The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-09
TRIAL OF CLARA HAYES
FOR THE
MURDER OF DOCTOR LUTENER.
TESTIMONY FOR THE PROSECUTION con.
TINUED.
Court OF Oyer and Terminer.
Before Hon. Judge Roosevelt.

FIFTH DAY.
MAT 8.-The Court met this morning at 10 O'CLOCK
Mrs Hayes entered the court room shortly after she
appeared to have recovered in degree from her re-
cent Illness but str was unable to sit up and occupied
her couch during the day The court room was crowded
throughout the day.
The testimony for the prosecution was continued
The first witness called was
David Uhl sworn-I physician have been be.
tween four and 1--we years in practice In this city.
O Did YOU know Or. LutenerS A. did not.
O Did you make post morton examination of his
o. When and whereS A. On the 10th day of January
last at the of Broadway and Grand street.
O Who present at that examinationY A. There
were several persons present; Coroner Gamble was
present; DIR. Downes also there, and a number Of
other persons; made the post norton between two and
three O'Clock in the afternoon; can't state the precise
time.
When came into the his head was lying toward
Grand street on bundle of papers and there con-
siderable quantity Of blood OUT he lying on his
turned the body slightly over and discovered wound
the left side Of the head two and a quarter inches
of the ear the left ear Gamble had left
man to take care Of the body; his hands clean
There was no blood or powder Them and powder
any part Of him.
q. When did rr. Downes ins A. went back,
and Dr. Downes came in about half hour and shortly
fterwards commenced the post morte1n examination; we
tund the ball had lodged in the temporal bcno gave
lie iall to Coroner Gamble.
The ball was here shown 10 witness
Witness-This is the ball took from the head.
Q In reference to this portion of the temporal bone
Ihere the ball lodged state its position compared
nth the point entrance A. 1t is nearly opposite to
he point of entrance little in front; the line of pas
cage was straight through.
8 suppose that line had been extended so tina, the
ball lad come out in what part of the headg A. think
ii would have out here witness pointed to the up
O State the character of the wound where the ball
apparently entered A. IT bad clean edges little de-
pressed II had slight blush appearances there
grains OF powder in the skin, however the hair
burnt in passing ny finger through the wound to the in
ways look for the wad when examine a wound that is
all about the appearance of the wound.
O Did you see the small pistol spoken off A. saw it
some time after the post morten,.
O. About how long artery A. About half an hour after.
g; Did you make any examination of itP A. looked
Q. Who it that showed it TO you' A. Coroner
Gamble.
Q. What was the result of your examinationY A.
There dark mark around the nipple, though the
cup had been exploded can't say noticed any thing fur
1her about the pistol.
O. Have you ever attended or made post norton ex-
animation of cases of suicide by shooting in the head
A have.
O. How many9 Eight cases think may have made
one Or two more, or less bat am pretty sure ii
eight.
Q Have you read of such cases9 OBJECTED TO- and
Question oyerruled.)
@ From your experience-that is cases that you have
seen-are you able to form conclusion judgment in
your mind to whether the death of Doctor Lutte
ner could or not have been, from the described
produced by himself9 A. don't think it could.
State the reasons which influence you in arriving at
that conclusions
Question excepted to-
A. Judge FIRST, from the situation of the wound; it
the left side and il would have very difficult
for him to have shot himself without placing the pistol
directly in contact with the head; don't think il
placed contact with the head from the appearance of
the wound; have always found that when the pistol is
placed in contact with the head the wound is rag
ged larger than the ball. the skin often filed with grains
of powder and there is fracture of the skull
her the hands the pistol is also often grasped in the
hand, or lies near them.
The Court-Does it make any difference whether the
10 n1 and TFp1. tal1
st would make difference.
Q.-From the character Of this wound and the exer
bal appearances presented, you able to form
lea as 10 the shortest distance from the muzze of that
,stol To the headp
Question objected to and exception taken
witncss- don't think it could have been less dis
Bnce than six inches
Cross examined-Q How long have you been prac-
Using physician? A. Four or five years.
q Have you practiced surgery distinct branch of
your profession A. have not.
Q Did you graduate at one OF the medical colleges of
O which oneS A. AT the Crosby street Medical Col.
egc; when went after Dr. Downes I was not absent
more than ten minutes; went TO los Grand street,
Few doors west OF Broadway Downes not in when
first go, Dr Lueners office found Miss Shipmaa and
gentleman whom Coroner Gamble had left to take
Of the body.
O. Was the BODY of the Doctor moved while Won were
there except by yourself2 A. No
Q Was the post norton examination held in the
which he lay when you first saw him9 A. Yes;
around it, think We turned the body its face
and hack again moved the body by the feet towards
. rid you conduct post norton examn' .tion
alone A. Very frequently.
q va you ever conduct post norton upon the body
of deceased person said to have 10 his death
shot wound2 A. have
Q How oftens A. Three or four times can't say posi-
lively held post mortem a body in Fourteenth
street before the death OF DR.. Lutener; his
ConnoF, think; good many months ago, in Fulton
street aEo the shooting in that in front,
the right side Of the head measured the distance of
the wound from the at the time, with string it ia
in my Office; have since after had measured
u M know VIII
DIR. Downes saw measure il not Ii Is piece of
Irvine; can't tell where cut it, it piece of twipe
had in my pocket at the time can't tell the length of
II; don know how long carried ii in my pocket don't
know where got it from; measured and then knctted
1t and then measured again to the knot in the
right place; then did 1t and put it In my pocket;
did not have il in my pocket at the Coroners inquest
went directly home from the Office; didn't show it
TO the way; can't say whether have had it
out OF my drawer since; have recollection OF it;
wooden rule one foo, long don't think any one was pre-
sent when meo sured 1t; rolled II up Immediately and
put away have done nothing with L since to my re.
collection il Is little that have been in the habit
OF carrying in pocket have not got 1t now in my
pocket used it up and It is now gone that book had
the measurement Of the cord in IT, and also that had
made the post mortem examination such day 1t had
nothing else don't think the minutes OF the post mortem
yet placed in the book the minutes taken by
myself the is written out but not yet transferred
to the regular book; Dr. Downes assisted me in various
ways.
Q Describe the post mortem A. In the first place We
together, put box under his head then made Incl
sion across the top of the head dividing the scalp from
to ear; then turned the scalp side and
exposed the bone, and Dr. Downes the other; then
sawed the bone there minutes made up TO that
lime after the upper portion of the skull had been
moved took hold Of the brain slowly and that the
spinal marrow had been severed from the BRAIN then
took the brain out and placed il either in bowl
board, which Dr. Dovnes procured then
menced looking for the ball; cut Il up in small
pieces but could find traces OF Ii; the pieces
bali a. big as your band; some very small they
varied from one inch TO three inches square, found
no trace Of the ball in any part of the brain
ned the inside OF the Uranium, both at the time;
tho upper portion Of the skull had been entirely
moved aud We were then examining the base of the
skull; DR. nowDes sawed some, but not great deal
did most Of the saving passed my finger through the
wound after taking out the brain and finally found the
ball In the perus portion of the temple bone where
the ball entered the occpita bone found no fracture;
the average thickness is about a sixth OF inch did
not the thickness in the skull inserted my
finger into this hole within quarter OF inch Of the
ast joint at the point where the ball entered there
an inch thickness Of flesh the bone when my finger