The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-01-29
FERRY WILL ESCAPE
Through the OriginaI stupidity Of the Me-
tropoIitan Poiicc-Tbe Actual Proof Bur-
irh m WatcItunn Haves's Grave.

Through the Original stupidity Of the Me-
tropoIitan Poiicc-Tbe Actual Proof Bur-
led in watchmnn HayeS's Grave.
The second trial of Edwin Perry for the muir
der of Thomas Hayes, at IIarboeks stores, Furman
street, 10 December last, was resumed yesterday
morning in the Court Of oyer and Terminer. Tie
court house was thronged IRON an early hour, and
no persons save members Of the bar, witnesses, and
a few favored individuals allowed to enter the
court room. Coroner whitehill was the first wit
ness examined yesterday, and his testimony was
entirely in reference TO the bullet removed from
Hayos's body by DR.. McManus. Witness was una
BILE to that the ball exhibited By tho District
Attorney was the one he had sent him after the In
quest, but IL was ono precisely similar. Then fol-
lowed the examination OF John Graham, Thos. Glib
bon, and Michael Colgan, who had heard the fatal
shot and seen a man escape down the archway OF
Roberts stores
Mrs. Ann Eliza Hayes, widow Of the murdered
Waterman, identified her husbands pistol and their
marriage certificate, which showed that they were
united in matrimony in December, 1869. The tesi-
mony OF the officers with rcferencc,to Hayes's cond
ton In the York street police station similar TO
that the FIRST trial. 1t appears from the testimony
Of Sergeant Lattng that Hayes was laid the foor
and Judge Pratt inquired Of him a. to whether there
was not some regulation laid down as To the duty o.
the police when man In condition Ike Hnyess was
brought into the station house. Witness replied that
there was.
MIR. SPENCER, quickly-1s one Of them that you
lay him down on the floor on his back for ten min
utesf
THE CoURT-t seems TO me that there was a great
derelicton Of duty on the part Of the police.
Michael Tanning, Of the District Attorneys once,
testified concerning the means OF escape along the
piers from Roberts stores to the Wall street ferry.
MIR. Iencer suggested that Mr.. Morris should
ask him n there was not board fence. MIR. Morris
said there was.
Atthi- .point Perry rose partially from his scat and
said 4" There is-there Is"
District Attorney Morris raised the question Of
the admission q the statement or HayCs-hs dy Ing
declaration that Perry had shot him.
Judge Pratt said that the Court had carefully ex
amined The question and had come TO tho conclusion
that there WA one element wanting to make that
evidence admissible That was simply the want of
proof showing that at the time the declaration pro-
posed TO be put in WIS made. Hayes knew he was
~ eItrtfnis. There was an absence Of evidence On
that polnt save What could he drawn from the cir
cumstances, ana the Court satisfied that II
would be sufficient for the granting OF new
trial " 1t was admitted. The Court was also salts
fed that the police had been dcrect In their duty,
tor one question to Hayes when NJ the stat on house
would have settled the entire matter.
A number OF other witnesses we're examined on
behalf OF the people, but additional facts of i'm
portance were revealed The District Attorney al
haltpast O'Clock announced that the case tor the
people was closed, and the Court then adjourned
until this morning at o o'clock.
An Immense crowd followed the prisoner ffom the
court house and did not d,perse until he was taken
inside the Raymond street Jail.