New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-11-15
TRIAL FOR MURDER.


COURT OF OYER AND TERMINER-Bofore judge
EDMoNDs and Aid. CoNKLIN and MILLER.
In relation to one of the Jurors, who
stated Yesterday time after the trial had pro.
ceeded that he could not understand the language,
it was decided to set him aside, empsnnel new
Juror, the other eleven recall the Witnesses
and read the testimony to them Mr.. F. ]. Conant
was empanneled as the twelfth Juror.
DR.. Suksly was recalled, and his testimony read
Officer PendergGst was also recalled, and his testi.
mOny read. In relation to the use OF clubs is
roster not disposed TO use them the officers of
the Ward use their clubs when necessary did not
strike either OF the men never carry dirk, and did
not then.
officer Duffy was also recallsd.-saw prisoner drop
the knife or dirk Pendergast picked II up saw at
the station house marks OF something like blood up
on it did see the knife in prisoners hand
il when il was falling persons were following on
behind when struck him do not know that any
had come up when he dropped the knife never saw
Mr.. Foster affected by liquor.
DR.. Sukey recalled.-The death was caused by
prostrati0n, from loss Of blood and Inflammation,
consequent upon the wound
VIM Bard sworn-Is Assistant Captain WITH Ward
Police Foster was remarkably healthy man, very
temperate-a man Of family he was OF mild dlspo-
sitlon was at the station-house when Lopez was
brought in dirk was handed to me by officer Pen
dergast the one shown 10 the same there were
marks OF blood upon 1t wet when 1t was handed to
me. 1.-THE dirk, which is stationary, silver plated
handle the blade about SIX inches long, with the
metal top of the sheathe still attached shown TO
the jury.1 was there when Mr. Foster was brought
IN he was led In by the arm by two or three men
the sation-house is at No. Oak-st, in the rear be-
tween Pearl and Roosevelt l prepaid bed and
laid him it his clothing was bloody and assisted
s e SnSp sSS mas s On &c e
on opening the pantaoons his intestines, las much
as would fill two hands, protruding out; 1t was a
frghtful spectacle; it looked as II there were two
cuts as in taking the knife out cut was made up
sent for Dr. Traphagen, after which Drs Green HIM
ton and lie Roy (latter from lHosptal came the In
testines were placed back, and the wound sewedup;
that the knife had gone through one OF the IN,
testines, and another WAS prcked had Nh + placed
on barrow and onveyed to the Hospital when he
first came in he said, Captain, am afraid am
goner !" I said hoped not | thought much OF HIM
saw him after be was dead, at the residence OF his
family, before the funeral after he came In sent Tor
the Chief, no came Foster was good sized man;
he weighed over $50 lbs the are the usual
day and night clubs the Doctors, before placing the
intestines of + back, thought they would have to
cut more before getting them back, but DIR. heRoy
finally took hold OF them and placed them back
Cross. eTdmined-The coat OF Lopez was pAttly on
when he was brought in did not see any wounds
upon him did not particularly look looked az l..
MS he lay on the floor did not observe whether Mr.
Foster had his club 1t is the regulation of the De-
O6Fcr James Langdon, sworn-The dirk shown is
the cue handed by Mr.. p. to Capt. Baird. There
fresh stains OF blood upon II, morethan appear
now the spring that fastens 1t was on then took
from his pocket purse and a handkerchief ana
handed them to the Captain do not know how much
the purse contained on examining IN Court the coat
L. wore that night, find there Is an inner bosom SIDE
pocket, in which dirk could be contained saw
the first man brought In IN the morning, tSaunders)
took from his pocket a long white spring handled
knife, as shown also some other articles shown
took from Lopez neck, as he lay on the floor after
he ~ brought in, (he would not stand up at ALL
black neck handkerchief shown.
Joseph PortonO, swom-Is cigar maker AVed
csrner of Chatham and RooseveI,-sts,, in August
saw Lopez for the first time that Saturday eveang'
aboutthree hours before MIR. Foster was STABBED ne
and Saunders came to my room up STAIRS, between
9 and 10 they staid about ten minutes had known
Saunders before went together to Jackson-st,
(od Walnust.,) TO the house of brother-in-!aw OF
Saunders, near the ferry remained about halt-all-
houp, drank once, mink once only Wens from
the&e to WateT-St., which we entered about TWO
streets below Jackson-st. went TO drinking mousse
between Roosevelt and Dover-sts.. do not Know
who keptit think We drank there once fromthere
went TO another house or two doors away, drank
once there disturbance took place In that house
after we drank, Lopez had difficulty win the man.
the man struck Lopez and Lopez returned the dow,
an er that entered five SIX men, beat Lopez,
Saunders and myself at that moment an oncer
came up-Mr. PendergaSt, they got me OUT OF the
house / wanted the officer TO take along the TWO
men that struck me the officer said he did not want
70 convey me away prisoner he only wanted 70 TO-
move me from the disturbance; when we arrived AZ
the corner Of ST. the hands OF The ponce
men heard the cry Of murder thought the voice
emanated from the corner behind me was on the
tagging crossing the street. IN Water-st the same
time Mr. PendeTgaN leS NE go dno ran III INC
Of the others several persons down Roosevelts TO-
ward the river, went up Roosevettst directly 10 my
room, corner Chatham Lopez wore small fanaias
hat, with black ribbon round IT, such as shown
wore black hat, and Saunders glazed cap the
dirk knife shown did moi belong to me l had not
seen such a knife that night did not see any one
strike the policeman Pendergast did not strike me,
only pushed me | understood he meant 10 take me
10 the Station. house. as prisoner; saw Mr.. Fen
dergast first, when on the doorway did not see
either of the other men struck by the police lste
before we arrived at corner of Rooseveit-se 81"
Saunders, and asked him where was Lopez, may
have been 10 minutes before heard che cry OF being
stabbed DO not know where Lopez was did not see
came to my room was arrested at my room aoovs
O'Clock next morning; did not own the other knhe
shown, (that taken from Saunders,) nor had seen
that night did NOT hear Of policeman having oeen
stabbed before l arrested fecolleci an ofncer
came up and spoke TO the officer (PendergasC that
had me IN charge understood part OF what ne said
he asked what was the matter recollect that ne was
a tall man do not know where Saunders and Lopez
were az the time there were some other people At .
distance, but none very near think was not al
all In liquor recolec struck the door OF the pub
he house after the officer spoke TO me- so as TO show
to the officer that wished him to take along the two
men that struck me did no, see either Saunders or
Lopez AZ that time am not sure whether one or two
officers 10 the house did not speak In Spanish
te the officer when he spoke 10 me probably spoke
IN broken and confused accent, fthe witness was
examined BY an interpreter } did not see Lopez
among those who ran five OF SIX persons ran do
rot where they came from did not run. but walked
las, when went up Roosevelt-st 10 my room.
oss-srans,asd-T hnk L., s. and myself drank two
glasses of liquor and one glass Of beer together L.