The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-29
THE HAYS-0'DONYELL HOMICIDE.
Application Made in the Court Of Oyer and Ter
miner to Admit Hays to Bail Denied
The Case Sent to the Gene
raj Sessions for Trial.

Judge Cardozo took mis- seat on the bench OF the
Court OF Oyer and Terminer shortly after eleven
O'Clock yesterday morning. A few Seventh ward
politicians had taken seats In the court room and
evidently were interested In something which was
10 come before the Court. Their anxiety was soon
set at rest, Tor District Attorney Garvin promptly
arrived on the scene, looking as solemn as he
usually does when anything important Is on nand
1t soon became known that motion was to be
made BY the counsel Tor Michael Hays, who Is
charged with the murder OF Peter ODonnell. at the
corner OF Water and Roosevelt streets on the night
OF the 18th oil May, In tie 1857. Hays was ar
rested on last saturday evening ana the story oftne
murder was retold at great length In last Sundays
HERALD. 1t was stated tnat Detectives Dusenberry
and Eldridge OF headquarters, captured their man
after much difficulty and an exciting chase. 1t was
also stated that Hays mad only been three weeks III
this city from California. II what his friends say
and what his counsel said IN open court be true,
the story OF his hard life In California his return 10
this city three weeks ago, anu
THE ''ExcIrING CHASE"
after Hay for days by the detectives requires mOdi
dcati0n.
Judge Garvin handed IN the afildavt upon which
the Indictment for murder hal been found by the
Grand Jury against Hays. lie mad been indicted by
Grand Jury IN IS57, but the papers In the case
were mislad, or. Us is said by some Of O'Donnelps
friends, $4,000 was pail
TO MANIPULATE THESE DOCUMENTS,
and 1t was necessary that he should be indicted
again.
w. +. Howe, counsel for the prisoner. said that
he had a motion to make IN the case-namely, that
ment ounu against MIN, however. by the Grand
Jury Was for wiful murder, ne only made that mo-.
non as a mere iormaiity, knowing that HIS Honor
TO another. question, overwhelmingly, that the
case should be Tried Immediately.
Judge CardOZO-lS your client III Court, sirp
Counsel NO, Your Honor, he Is, not. 1t Is not
necessary that ne should De mere IN motion 10 Oai.
be here when any motion Affecting nun Is made.
What II should denv the mOtlOnY
Counsel-I would not take advantage OF that sir;
and now guarantee to Judge Garvn thai II II Is de-
MED shall raise no point on It,
Judge Garvin then consented TO waive the pres
eace Oh me prisoner and Judge Cardozo told the
Mr.. Howe-1he affidavit, Your Honor upon which
named tocnes er. Inc homicide was committed IN the
year 1857 Thls man has been In this city years,
street. Yet It was Only on the SIN Of Marcn last.
| lew days ago, that this allidavt was made BY
Rochester Now' wan show that that AFFIDAVIT was
ss% s" % s tSa Rocheser %sn
money lately. Hays &c used, and Rochester forth
with went and made this aridavit. Now. Judge
Garvin Will bear me out that wnen was informed
OF that brought the prisoner myself the District
Attorneys onice and asked him II there was any
Indictment against Hays by the Grand Jury. Uf
course | did not suppose he would tell me, and
added, Hays himself Is now
OUTSIDE IL YOUR OFFICE,
and II You have a warrant Tor him you can arrest
him." At the very most, this crime Is mansaugn-
ter IN the third degree. the very affidavit itself
speaks OF scu,e. Hays Is ready to 20 on with his
trial. and 1t Is only fair 10 him that time should
be lost He 10 uoing business here. and MS imprIs-
Oninent Is great loss TO MIN. Inc second part Of
my motion IL that the trial proceed Immediately.
Judge CardOzo-What do you say TO the second
part Of cOunsel's motion. MIR. District Attorney?
the DISTRICT Attorney SAID tnaL ne must have time
TO prepare Tor the prosecution.
Judge CardOzO-If the case be tired In this Court
1t cannot be tired before the Nav term. Will send
the to the sessions If you choose, where II can
be tried after the District Attorney has Bile
time TO prepare
District Attorney-An want Is n reasonable time.
Counsel III the case be sent to the sessions can
not renew my motion at another time II you should
deny 1t, Your Honor
Judge CardozO-I deny the motion TO admit the
prisoner pail and will send the Case TO the Ses
| si0ns, with memorandum the order that the
case is sent without prejudice to q renewal OF the
mOtiOh TO admit to oa at another phase oil the
Friends OF the prisoner who were In Court say
that he has been IN New York for twelve years. lie
was VISITED at the fOmbs Wednesday afternoon Dy
large number OF Seventh warmers. Lewis ROches
ter who made the affdaviG upon which the lndict-
ment was round by the Grand Jury against HAYS,
Is married TO u sister OF the deceased.