The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-27
A Tragedy of Fifteen Years Ago
Avenged To-Day.
RETURN OF THE MURDERER.
Particulars of Fight and Stabbing OF the
Victim at the Corner OF Roosevelt
and Water Streets.
CAPTURE OF MICHAEL HAYS.
Adventures Of the Police Detectives in Track
Ing Hays on His Return from California.

Michael Hays was arrested yesterday afternoon
by Detectives Eustace and Dusenberry, charged
with having murdered James O'Donnell on the
night of the 18th OF May, 1857. Hays was taken at
his home In Market street, and locked up at Police
Headquarters. On Sunday evening, the l7th OF May,
1861, number Of young men got into quarrel In
Water street about some change that belonged to one
OF the party, who had just come out OF liquor
saloon. From quarrelling and abusing each other
the men went on to fighting, and in short time a
general row took place and some Of the men were
badly hurt. ODonnell and Hays were standing on
the corner Of Water street and Roosevelt street,
looking at the AFFAIR, and when IL was over and the
combatanrs mad all disappeared they began to dis
cuss the rival merits OF the gladiators Hays was
in favor of man who was neignbor OF his and
O'Donnel took up the opposite party. For over
half an hour the dispute about the lighting qualities
OF the men continued when something else broke IN
upon the dispute and the matter ended for the mo-
ment 1t broke out again, however, and the second
time with more vehemence Hays seemed deter
mined not to give the question up, and insisted that
his opinion, which he was ready to back, was the
only one that should have any weight. O'Donnell,
who was much smaller and younger man, would
not allow the other to COW him in the presence Of
number OF his friends. The words ct length led to
scuflie and then to
ROUGH AND TUMBLE FIGHT.
several friends OF both parties endeavored to stop
the night, and Hays, fearing that he would not be
able to get another chance at o. Donnell, suddenly
drew long bladed knife from back pocket In his
trousers and drove II into the bowels OF the young
man, innictng frlghtful injuries. O'DOnnell fell
into the arms OF one OF his friends, and
Hays ran or to the nearest police station. There
ne made q complaint to the effect that
he was assaulted Oh the corner OF Water
and Roosevelt streets, and requested that an
oicer might be sent with him to arrest the parties
policeman was sent with him to the place. and
they found O'Donne lying on the sidewalk, sur
rounded by group Of men, who were endeayoring
to assist him. Upon examining into the case the
policeman discovered that the story of Hays was not
exactly the true version Of the affair; but when he
turned around look for HAYS he had disappeared.
slretchcr was then sent for, and O'Donneli was
remOved to the New York Hospital. HIS
wounds were bound up by the surgeons In
attendance; but as he showed symptoms OF
sinking during the night Coroner COnnery was
statement OF O'Donnell. The dying man told the
story OF the fight aud said Hays was the man who
struck him. On Monday morning the poor fellow
rallied a little, but In the course OF the after
noon he sank again, ant during the night he
died while his mother ana sister stood at his
bedside. The body was then removed to the dead
house, bui the afflicted mother still remained
near II and , could not be Induce induced to leave
Tuesday to hold an inquest over the remains she
stouliy refused to allow any operation to be per-
anu eXpos.ulaions were OF no avail; sne would not
go; and finally, seeing that tae authorities were
likely force In c)ccng her rom The room. she
TOOK UP POKER
from the fireplace, and, standing beside the couch
was unwilling to hurt the leengs OF the
much excited, but an examination was necessary
and he was compelled to give instructions to a
| sooner taken from the room than her daughter as
sumed her place and took up the same defiant attl-
| tude. she seized the poker the mother had flung
| down, and, standing over the body as the mother
had done, she told the Coroner and the attendant
as sey mad the o aav Matters were tne ea
| SO complicated that the Coroner decided to
the erS OF Ms an % ,n OF the
| the proceedings were allowed TO continue Mrs.
ODonne was permitted to return into the room
| and mother and daughter wept bitterly while
Coroner Connery proceeded with the business OF the
| inquest. Several witnesses were examined, who
wound, and the surgeon In attendance showed that
the wound received from the knife IN the hands Of
O'Donnell. A verdict to that effect was
rendered by the jury, and the matter was
warrant was issued for the arrest OF HAYS He had,
| however, escaped to California, where he remained
ceased stated Yesterday to Captain irving Of the de-
tectlve force, that since the escape OF Hays some
Irregularities had erept into the case ana they were
to go before the Grand Jury ana get a new lndict.
ment against him.. A second warrant was issued
| hands OF superintendent Keso who was also told
the history or The case. superintendent Kelso gave
| the matter over to Captain Irving, and he detailed
Detectives Dusenberry and Eustace TO
| HUNT UP HAYS.
The detectives first bent their steps towards the
Eighth ward, and worked increasingly in that
locality to find him, but without any result. One OF
those characters, however who watch the move
ments OF the police as narrowly as the authorities
| look after them gave the detectives some valuable
information about Hays. AS there was some uncer-
tainty about the personal appearance OF the fugitive
from justice, the police thinking naturally he would
have altered good deal IN this lapse or time, DE.
questions to the loqiaoious assistant lie turned to
| Detective Eustacc and sald-"Mr. Eustace, YOU
| must know that this affair occurred the year
you joined the force, and created an
| immense amount of excitement at the time"
tlle Inriner G0nyesaon w inc mys5erlo 10
| back to Detective Eustaces mind, aud, taking his
partner aside he informed him degheoly that he
Captain Irving and reported the progress they had
made. The Captain Instructed them to continue the
| work, and never leave Off until they had cap
tured him. the Fourteenth ward was then
ransacked, but Hays was not In that
detectives were standing in from: Of an cast side
| theatre watching the people come out after one OF
wnat Mr. Eustace had remembered OF Hays that
| they were tempted to follow him. This man went
adonns stees and turning Suddenly at one
| the corners ne INTENDED to pass came upon the
police. Getting the Idea thath was being Swallowed
he uarted into the narrow byways OF the Sixth ward
but the detectives Kept close at his heels determined
TO lind out If he really the party they wanted.
| Out or the Sixth ward he crossed into Broadway,
| and then went up that thorougnfare He crossed
anal street, and got into the Fourteenth ward the
| two detectives still behind. In Wooster street lac
slipped into liquor saloon the regular resort Of
| Characters OF the worst description, that had
DOOR IN THE REAR
| by which an escape couni be erected through one
OF the adjoining houses. The detectives were aware
the character OF the place as We'll as OF Its conve
| ligpOsittOn
| Detective Duscnberry stole through the hallway oil
| the tenement house next door TO the saloon, and
getting into the yard waited for the man at that
| Trance Detective Eustace remained at the stree,
door, ana putting his pistol IN the pocket OF his
! oyercoat. In case tnat any little difficulty
might arse, stood on the watch. The man, who
afterwards turned out 10 be notorious character,