The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-10
TRIAL OF CLARA HAYES
FOR THE
MURDER OF DOCTOR LUTENER.
CONCLUSION OF THE TESTIMONY FOR THE
PROSECUTION.
Court OF Oyer and Terminer.
Before Hon. Judge Roosevelt.

1
| Court OF Oyer and Terminer.
Before Hon Judge Roosevelt.
! SIXTH DAY.
MAY e-The court met this morning at half past ten
O'Clock. The court room crowded to excess The
testimony for the prosecution continued.
Mr.. Blunt, District Attorney, again expressed his in
tenton Of putting in the letters referred yesterday
His Honor then and said -
Yeste rday the public prosecutor having proved the
handwriting OF several letters papers, the
the defence objected to the reading The Court after
considering the objection, said the question to the
papers produced and offered to be read identity
Are they is there any evidence tending show that
three or four tmes to the witness bempiex a.
papers sent to her while in England by Mr. Hayes and
refused to give up and about which she threatened to
kill or shoot him, as he she said) had nearly killed
her2' The papers produced proved
LIST. To have been written by Mr.. Hayes and before
DR. Lutener's death.
I'd. They have reference to, some of them might
! have been received in, England.
! Sd. They speak Of, or addressed to- Mrs Hayes
4h. They were handed by Dr. Lutener to his wife on
Saturday three days before his death and were there
fore in his possession on that day.
9Th. Their contents may-and that only be deter.
mined by their perusa-b be of character calculated,
under the circumstances to create in the mind of Mrs
Hayes strong desire for their recovery an equally
strong resentment towards the party refusing to
I them to her.
It will be from this statement that there some
evidence Of the alleged identity and that that evidence
may be materially fortified by contents Of the papers
lam bound therefore to allow them to be read leaving
ana That DS al after hss
cumstances, to determine matter of fact whether
alleged identity is sufficiently proved, and if so, what
weight the papers entitled to in considering the pro-
babe guilt innocence of the accused may add that
am the constrained to this from the init
mate connection shown to have existed between the
cused and the established author of the papers, down
period even subsequent to DR.. Lutcners death, and
pers written by Mr. Hayes actually delivered to Dr.
Intener and by him to his wife, their existence may
with at least some show Of probability, be proved
The District Attorney then said he would read No.
first when
Mr.. Whiting sad-why not let the jury read them in
the jury room! The letters ought not to be made pub
licthey would only be food for and filing
up the newspapers and Of no benefit at all 1t is not
cessary for the public to know all about these letters
| The District Attorney sad-That these papers were
wholly unfit for publication and full of Objectionable
would admit them into its columns He was willing to
acquesce in the request Of the counsel for the defence
The Court understand the district Attorney to say
that these letters parts of them, at all events
the letters should be submitted to the jury for Their
perusal and not in open court If the counsel for tho
defence approve Of this course, it can be taken
Mr. Whiting said they approved of that course, which
had been in existence for the last forty years. of submit
ting letters to the Judge hrst After argumen. of
length the counsel said they would prefer to
have the letters read in Court than TO have them rest
der the imputation Of the opposite side.
The Court finally deferred further consideration OF the
subject, and the letters not read.
The District Attorney then read the testimony of Dr.
y
DR.. d. A. Downes residing at lOs Grand street being
sworn, deposes-On Tuesday morning, quarter before
wanted me to 20 over to the corner and sec who
faint went and conducted 10 DR.. Luteners
office; on entering saw man lying on the floor with
his head little elevated and woman bathing his face;
the testimony of Miss Shpman regards the position Of
the body is correct don't recoect regards the paper
being in his hands; | Immediately examined for his
pulse, but found pronounced him dead; my aen
ton was called to blood the shelf under the stand;
then felt for the wound but found none; then called
for basin of water raised the head and washed of the
blood from the ear and found wouad the poserior
cart of the head with my finger; then, with assist
removed the body another position and turned
the body on the right sde showed the wound to those
the ear saw blood on his hands; at the time Misc
Shipman brought basin of water to she handed
sac Ss w hin sn
looked at his dress 10 see If he had had scuie
dssrangement either in bis dress in the room three
post m6ftem examination; the ball found embodied
in the Uranium the right side, letwesn the petrus
portions Of the temporal bone and the cunorm
of the occputa the pistol here would produce such
wound: think the Doctor had been dead about ten
fifteen minutes when saw him.
Thomas Boughton, sworn-I keep a public house
the southeast of Grand street and Broadway
slightly acquainted with Dr. Lutener; his Office d
rectly overhead recoect the morning Of his death;
in my place when heard of his DEATH heard Of his
about one hour prior to hearing of his death; was
standing in front Of my door, and 60 In
there; 1t was LADY, had seen that lady before her
with Dr. Luener and lady getting into of the Amity
street stages morning. she had dark hat, and
closely veed didn't notice the color of her dress
think was dark this about threequarters of
hour before heard Of the Doctors DEATH had been
my place but little while; did not this person
out
O. How long before this did you this lady and
Others get into Anity street stage A might have
been week; might have been little less
q. At what time did you leave your place Object
| ed 10.
O. Were you able through this veil TO distinguish the
features Of this woman A. No.
@ Did you notice the trimmings of her hat9 A. No.
@ Did you notice what she wore upon her shoulders
A. M n n ~ on
@ What Kind Of shawl A. Can't describe it; it was
a dark colored shawl
O. What tho size OF this lady? A. Rather small
hardly m edium sized woman.
q Do you know who the lady that you saw accom-.
panypg this with the Doctor in the Amity
siagef A. No
Cross exsmned-what is your businessS A. keep
O. Is that the only business you conduct? A. That is
the only one at present. reside at No Clark street
from my place of business; breakfasted that morn
ing at my residence, about nine O'Clock; II might
Or TO me
my place Of business; I walked down went into my
place ss soon as got down took sesar, and went out
on the soop didn't see the Doctor that morning. don't
know whether the Doctor had good many female pa
ents visiting there several females used 90 there
don't know whether they visited the Doctor or not;
didn't zee this person go out; her turn into the
doorway; whether she went up stairs, not can't
tell paid no particular attention whether she did
not have clock in my establishment; did look
II when went in that morning; / might have been in
front smoking for ten fifteen minutes after was in
little while noticed the clock II wanted ave minutes
Of eleven; that the time heard the Doctors
death didn't notice II before that this Is the first time
have been examined this subject not before the
Coroners Jury or the Grand jury present some.
times while the Coroner's inquest going on; my
former business livery stable keeper at different
places kept at No Howard street. and in Mercer and
Crosby streets; also at the Of Bayard Eliza
beth streets commenced In August 1896 opened this
place the oath OF May; II Is drinking saloon.
q Do you play any games there 7
| Witness declined answering
Previous 10 1s46 book keeper with Willard
Reed, livery stable keeper, this side Of Blocker
Direct examination resumcd-Q Have you ever spoken
to the subject OF this examinaonS OBJECTED to-
Albert G.. Alien, sworn-On the 10th Of January last
lived at ass Broadway II was the southeast Of
Broadway and Grand street took OF Mr.. Woods
Office; knew Or Lutener; Mr. Woods Office was direct
ly in the Of DR. Lute0ers there two ofhces
between them Mr. VIM. Boutico occupied both OF them
saw pr, Luepsy On Tho morning Of bis death saw him