New-York daily tribune., 1854-05-10
LAW INTELLIGENCE.
cor-RT OF OYER lNp TERsIISER-Befoe Judge Roosevelt
TRIAL OF MRS. CLARA HAYES,

Mrs Hayes as before brought N and placed on tue
couch or sofa lying down'ss still ILL.,
Letters IN possession If Dr.. LSteHertn reIati~ 10 'e
letters said TO have been written by MI Hayes Z" MIS-
Hayes while she in England and whoa the theory OF
the prosecution considers have been haaded by Mrs.
HAYES to Dr. Lutener and which he refused 30 return 70
her the Judge Yesterday forenoon considered there was
evidence 70 identify them sufficiently TO make them ques-
ton of fact Jury and that they must consequently
be submitted to them and they consider them the same
letter. whether there motive 70 justify the charge oi
the present Indictment In regard 20 another set OF LETTERS
If there had been such the facts could nave oeea SHOWN
Counsel for defense objected They woud be permitted
to be read the Judge said with view TO the jury con-
dern whether there was sufficient motive wishing their
conceslmCnt 10 induce the act ~
Still further objection made on the ground ths ou'
one of Them is even addressed 10 rs. Hayes AMI none
show that they were written TO her IN England lhre or
four of them are addressed Dear Sister Shl furher
objection made
ers dated Sept go 1850, addressed TO Mrs Clara Hayes
one If them enclosing the first of bill OF exchange IN
favor Of Mrs Clara Hayes or bearer Tor t's me read
exchange One the two addressed Dear Sister and
the other Dear Clara. The envelopes not with them
The counsel for defense wished the JIdge first 10 read the
letters himself but the Judge thought IT was matter
within the discretion of the District Attorney and fact
for the jury. The counsel for defense then asked tha
they might be submitted TO the Jury without beng gwen
10 the pUbc The Distc;Attorney remarked that parts
of them were certainly unfit for publication IL the coun
sl would permit him to explain their connection wtheach
other he would hand them 10 the jury lof pctrul
without reading. This the counsel objected TO- and SAID
rather than any explanations they would prefer TO have
them read The Judge seemed TO favor the request ex
pressed by counsel IL stated by the Dstrctator
ev that there was no necessity of the letters being submit
ted Immediately the Jury. The Judge said he would
take and peruse them and consider as to the matter.
The deposition of DIR. Downes, taken before the Coro
ners jury was then read. He notified by colorei
bov about quarter before H. that man had tainted and
wished me 10 come over; going, found that the party
WAS dead with wound in the back of his head his clothes
were not disaanged, there anything IN the room
10 convey The idea that he had been engaged in cuhe
with any person he appeared to have been dead about ten
or fifteen minutes Miss shpman handed snail pistol
which she said she had picked uPf assisted Dr. Ul IN he
postmOrtem examination found the bail inside OF the front
part of the head il hattened as now shown, nc.
Thomas BOwden, called By the District Attorney ana
vor: Keep public OF Grends and Broad~i was
into my psee his Office directly head reeoee: hs
ns o1 n ms ds 5e ~ before M had been at my place hs' nom
hour udng a. the front OF my do'T saS aw %
in company with ano her lady into OF The Any
& * ass sS oS oI' dk bst and was Closely ysed did particularly
her dress YVES dark tss might nave % bsS pt tns
been to my place but little while; did her come oa,
NIGH have week, little more lit' less before re h'!
noung her getting into the A@iys - sag WIN a, M ne ~
nale did notice the trimmings OF hI nay sue ia & w. %
shawl spno. PsrSoa'Sy S,t5 S md size Ian
sweins H. dcscPonl the lady that got ino the stage win
'nep esssmined- Keep pubic houei that only business
now and wa. reside 10 cs5ks in hi .s Eh5A a,t W1 os
hsd breakiasied do That before
ace business did nothing & ssr & % Sua b5r
h there are 70 or v oseHpsI ss r @ do S uo know
then went to Dr. no only noticed he ady u
n In Mercers-before that corner Bayed
sId IA dSS SSnfsssa m sss AS was Ward
In tie place where ih May LAST whether VIE any sss
ysd o Y W@ sS,f nd Si'S wRo Ieep5 ssS livery stable
bs ySs with % Dr. L%.Sner By her dres and being ne
Albert G Allen, young coored man. sworn-llyed IN
Japuary at No Broadway southeast Broadway ana
GsIdst sae building Lateners Offices TOOK care Of NJ
Mods ohcs knew D Lutenes knew %esEs o n s renee Ss be-
occupied BY Bancs ecoect the day Of Dr. LIS death
PAPER i wa: Woo When heard Of his des,9 WAS
cian Iwen ior had Miss shpman Lhat morn
the fron stairs about 10 o'clock wes sweepinf do"n @
the time ser the Decor had me s az S
she from The III % RE aSg on d ne Dr. 5
about twenty minutes OF ~ wheh "a
borrow the newspaper did no, say before ~
within few minutes had clock in Mr Woods place. after
the paper him out do not know where ne ,D
the 6ndn G the qPPes story %
The ode[ Of United AN % p1 he L. Oua eSme IL for the dd
observe closely but saw i was within ew MINUTES m rs o' "
Thomas Edwards sworn-Am conductor on the Har'
lem Rsod the train arrived City Hall morning Of January
g sie T. about seven minutes; do not remebe
in the train that mornings certainly a many as heei
Tossexsmned-The cars may meet with obstacles On
track knowing what time the second AAa
arrived that morning -,
The Distrct-Attorney said he proposed to put IN the
be considered in evidence and the Jury can a I"rv
buS pesd the letters part Of them must coneed sealed up
He has read two Of them sns he j. peT&ee& & & a 70, defense said
be that the letters should De e1d la. r.
and Should not be read The Judge said he understood
thai The OBJECTION s on 'fs 6. aesdy Tss that they
cuded matter Of law and the e9uns eaa l ~ I M OBJECTION
having them read They can be read e were no.
able Iassages must be borne in mind that these @ has
Seen ad ed Mr. WSiDs aid would Ike read them s5a sa
he has done although big a.soeste has c M me % i0'
Allen was recalled by request OF the Juogg, e. n, Woods
he. sny noise as of pistol that morning. remained IN & J cent
ee tor about ten MINUTES h se saE W. was occupied in
Mr. WOOD. oSce iii was told BY simmer, TO go 16s d''
during heard noe as Of Ihe or ont Of the build
By juror-I saw no female ha' no'"s
ing beside Miss shipmsn. w, oonductor on
Lorenzo d. Cummings sworn-Na as ION ma, 10 that
Harlem RarOd lCth Jnusy o s one minute before II Mr
HAYES now; did not know nm oe''i' La sn,aI nis,o
The District Attorney then exhDilva & a9 The small bal.
found 2, I.1e Lgtsnf% % I1 ssS it, & ,1sS % S5 h Tsg S
head fdesesed lns vs. psned BY DE- L. and found
~ i The uy hs9esd % asJ ns,ol re ball which
cured for me aattsped Of hs aa % ri
pears been denied Ss n s revolver shown It
pistol 81 Of winch sil d. loaded peyiou. 20 the
3. the drawing Of the ss1f contained powder ball and wal
The piet Attorney said he had but one wnes TT
Inc a rai here he proposed 5e.ns ' b e s
Dsiiet A9y St whom desired to call bs tue c'"'' ' not
EnG" COMPLAINT made by MIS- hayes ,n,sd l VT
erS W;b ~ be exception Of the testimony OF Dir. Donco
WIN ~ ~ pTesni the letters the pst5t Attorney sad hs
wh9 wss The objected o and undsr'tood
TcGd a. esse fox prosecution except . the lste o'ea
Without making any opening 'he Coun'ei oi u'iei''
h,n Roriand sworn: Gun-deaer in Broadway lexan-
NV The SUI pistol acquainted with the description Il Allen
sds Of hind pistols in round eight Or ieS I
~ e pound several manufacturers make the same sized ball