The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-25
FIFTEEN YEARS AGO.
Michael Hayes Tried for the Marder Of James
ODonntll in lS57.--Artful DOdger Rothes-
Ter Fails a. Prosecutor.
HAYES TRIUElPHANTLY ACQUITTED.
APPLAUSE IN COURT.

packed yesterday morning, the trial OF Michael
Hayes for the alleged killing OF James ODonnel
during street braw the nth OF May in the year
1867, being at last called on The case has been
called on at least eight times since the complainant
one Lewis Clarence Henry Rochester, appeared
before the Grand Jury. Repeatedly the complain
ant failed TO appear, sending messages ana letters to
the Office OF the District Attorney stating that from
sickness and other causes he was unable to at
tend Mr.. william +. Howe, counsel for the prisoner
earnestly cOntended for the discharge OF the ac-
cused. as Rochester was q notorious blackmailer,
ana had
NO INTENTION or PROSECUTING.
he having made complaint against Hayes only from
motive ofrevenge, the latter having refused to
comply with demand made under threat for the
sum OF $50.
The case. from the fact OF It's having been called
80 often for trial without the complainant putting
In an appearance had become nuisance, and az il
was ascertained and believed that Rochester had no
desire to prosecute, as he had no grounds ul on
which TO base prosecution, Recorder Hackett, In
compliance with motion OF Mr.. Howe, discharged
the defendant on his own rcco2nizance. since that
time
NEW DIFFERENTIATION
had been expressed by the Recorder to have the
case definitely disposed or ana in accordance with
for the arrest Of Rochester, and he was placed In
the House Of Detention as q witness.
Such, substantially, Is the history Of this case
which has gained considerable notorcty by being
dubbed by the press "the 1lteen-year murder.n
Yesterday morning 1t was the first case called,
William f. Howe appearing for the defence and AS
sstant District Attorney Fellows on behalf Of the
people, Recorder IIackett presiding.
THE ACcusED-rHE TESTIMONY.
Michael Hayes, who IL an intelligent, respectable
looking man. with iron gray hair, slightly bald and
piercing black eyes and black mustache, was placed
at the bar.
Lewis g. II. Rochester, otherwise known as Lewis
c. II. Riyenbach, the first witness called for the
prosecution, examined by Colonel Feows-Ar-
rived In this country on the llth OF May, 1857; knew
O'Donnel; was shlpmate OF his: saw ODOnnel
four times the day he was murdered saw O'Donnel
and Hayes together that day In Roosevelt street;
saw two gangs coming In opposite directions In
Roosevelt street; recognized O'Donnel in one OF
hand on the latter's shoulder ana appeared
t to push him; Hayes then hit &c 0'Donne and
O'OOnnN and there was scuffe, during
which Hays drew some sharp instrument-could
not say what Il was, but knew 1t was weapon
| and stabbed 0'DOnnel; he (witness then went and
| told Mrs. O'Donne OF the occurrence; did not see
O'DoRnel afterwards
CRossEXAMINED.
BY Mr.. Howe-My name is Lewis Clarence Henry
Rochester Rivenbach; dropped the latter appendix
PASSED GENERALLY UNDER THE NAME OF ROCKIES
never lived In the Fourth ward. but only boarded
there fourteen days. was not examined at the Coro-
ncr's inquest when the murder was investigated
/ sailed for Caao, Spain, Australia and elsewhere on
the following mornings never saw Hayes till the 10th
OF March, 1872 then went to see him, to find
ont II lie was the man he was looking for
as the O'Donnel family were going to reopen the
prosecutions; was living IN Mulberry street ut that
time; stayed with Hays about three hours, and wa'
perfectly satisfied that Hayes was the man ;brOachet
the subject Of the murder TO Hayes; Hayes told hin
all nc knew about IT. that he was all serene al
the papers in the case were not to he fOund-thel
were destroyed then tried 10 arrest Hayes and go
stabbed In the eye for his trouble: there were sew
b. the collar and said that he Would 1eck Mn M
for the murder; got abused by the Hayes gang,
stabbed, kicked and beaten; policeman came up
and he told him there was
A MURDERER
there, but Hayes had escaped; went the next day
to the police station In Seventh ward and made the
complaint to the Captain about the murder: had
Hayes arrested for stabbing him; Hayes was dis
charged, though witness requested Judge Hogan
to detaIn him; said nothing Of the murder ut
that time.
q. Did you as, Hayes for money Mr. Rochester,
A. Sir, that is vile thing, sir, an accusation which
spurn; 1t was my wife wrote the letter while |
was III, TO the District Attorney, not at my sugges-
ton. though In my. presence; she has come to years
OF discretion ana does not need suggestions 10 know
when her husband Is ILL., was not forcby put out OF
the Sun office; was requested to leave; was very
much excited at the time, owing to the insinuaions
made against him in that paper; felt weak; was,
perhaps, little intoxicated; was treated by
Colonel Fellows always IN a gentlenanly manner;
Ann OD0nDel, the mother of Jane O'DoDne, an
aged lady, was next examined Saw her son in
the hospital;
HE HAD STAB WOUND,
evidently OF knife, in his abdomen; did not see
tie occurrence; knew nothing OF the tragedy her
self.
Neal Duffy. an ex-pollceman, was then sworn
and stated that he had been instructed to arrest
Hayes; did not succeed,
Ann Rochester, wife OF the complainant, stated
that she knew nothing whatsoever of the murder.
STATEMENT or THE ACCUSED.
Hayes was then put on the stand to testify He
stated that he had known Rochester by sight for
the past three years; Rochester represented him
self as being writer In the District Attorneys
Office, and he asked me to
LEND HIM TWENTY-FIVE DOLLARS,
and that as ] had been indicted by the Grand Jury
for the murder OF O'Donne If ] would lend him the
money he would purloin the papers for me; | was
not In New Orleans in 1857, as Rochester has stated
left there in 1856.
At this stage Mr.. Howe produced several wit
ness who cOrrObOrated the testimony OF Hayes,
which we do not give in full because it s totally
necessary Counsel claimed that the innocence OF
Hayes was so apparent that he would only call one
out OF about hfty witness to prove the
EXCELLENT CHARACTER
OF the prisoner, and would not even deign 10 speak
TO the jury Hayes proved good character for re-
spectability and quietude, and Recorder Hackett
briefly charged the Jury, who promptly returned a
verdict OF =
Nor GUILTY,
and Hayes was discharged. demonstration OF
ANgll inGfp La C1I. In lfnnnf