The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-11-15
Trial OF Lopez for the Murder of Foster
the Policeman.
COURT OF OYER AND TERMISER.
Before Chief Justice Edmonds and Aldermen Miller and
Conkin.

the Policeman.
COURT OF OYER AND TERMINER.
Before Chief Justice Edmonds and Aldermen Miller and
Conkn.
Nov. HAt the sitting Of the court this morning Chas
Rogers bro, ght up from the Tombs being the pro
vince of this court TO that persons Illegally
tanned in custody He said he put there by his wife
lie had been working at Trenton and had written seve.
raj tin for her. but she would on to him and
he came heie for her when she put him in jail.
The Judge-This man was committed by Justice
Bleskely the I'd November, On charge of abandon
ment and two three days is the most any person
can be held in custody without alton he must
therefore be discharged.
The other returns made to this court court Of ge
neral Jail delivery John sharkweather and Bernard
schaer, charged with stabbing boy named Ba. Blair
on tie day Of election with knife Of which wound he
died These Iecommitted.
The trial Of squarza the Spruce street murder was
Get down for Monday.
THE MURDER OF FOSTER, The POLICEMAN.
The District Attorney said that in this case the course
they proposed With the OF the prisoners coun.
sell that the jury shall be discharged and the Clerk
draw the Of the eleven Juror as II from the panel;
have them resworD ard call twelfth juror and swear
him in he place Of Nj Rosener then call the witnesses
and virtually begin the trial again by reading the te.
Tits afsented to by the Court and the pr
soner and Frederick conant was sworn as twelfth Juror
in lieu Ct Charles RoseBer the foreigner who yesterday
rtiu aed when the proceedings half gone through
that be did not understand the English language The
ether eleven jurors were resvorn
The District Attorney then briefly ned tie Gaze AID
said be proposed to Rad the testimony Of the witnesses
from the printed report in the HrRstD This was also
asa nted to- and the testimony accordingly read from
report The examination vss read from the
notes Ct prisoners counsel, they being more detailed
The witnesses verified the testimony. Mr. prend.r-
gAst sdded In answer to Juror that when he came no
TO the prise ner and Duffy The policeman there but
the three q them together; there crowd following
il Is impossible the dirk lpife could have fallen ftom any
Of the persons in the crowd carried such knife
IL did not fall from This witness handed the knife
to Assistsnt Captain Besrd at the station house
MI Defy stated In addition that he never carried a
DIRK; the dirk ola MT fell fr' m him that night u
at the staion horse; there something red H. like
DR. Futeicy vas recalled and In answer 70 auestio,s
put by the Judge said he could not say whether Fosters
prtptcs 81 recovery would have been geater he had
rot rua sll that way understood that the ntestnes
lfclude5 beffTe be st TO the station house cannot
icy how far the ruBrizg may have produced he prostrs
ten tfihe tbe piotuiou z the intestines but
iaV, fep csge where there vas much ptostrlton
Were liefe bad LeeB no rvrninr
10 be District Attcirty-i dc not think ysu cull
hrd ceeor 70 stitch rp ira, vcuid the wound might
bAvt feslt itself
Sfe following new testimony was then oasred:-
AfsttsLt Captain Bard 81 he Fourth ward dsposed
II have Teen assistant captain three years; / knew
fOeter, he WAS attached to the police about five years
ca and on; in August last prior 10 this wound he was
always remarkably healthy man; his habits were very
tmTtTste; he was man Of very mild disposition in-
ded was a. the station house az the time when Lopez
WIS brought in; o dirk was handed 20 me BY officer
lrsndergxst- ltrk productd-ths Is the one the rim
o. The sntsth (Hhich jingles) II when IL was
lanaed TO me- there marks Of blood on 1t; the
marks were wet blood when IL was handed to me- was
at he station house when Foster Was brought in; he
was ed Ia by the arm, by two or three men, the
station houte is in Oak street, No o. in the
rear midway between Roosevelt and Pearl Streets on his
being brought in he'd corfle Ct benches and q bed
prepared ard laid bin u; his clothing was stained
WITH bleed; assisted in un toning his ranaloops:
&c not OK Ter any marks till ubbutoned him. he told
NE be was stabbed and kept his hand on his stomach.
discovered Iait OF his jntesines srly a. large AZ INV
TWO berds, rretruding-it Yves frighttu; the wound
tktd ~ though two cuts as Ii II wes cut in and
eut up sept for physicians before unbuttoned him;
Ihe nrt mat came was DR. Trsphsgan; Dir. Wood was
shtior put he was sick; DR. Green, DR. Hilton and DR.
re hoy also came; the intestnes we're put back and
ire wourd was dressed in the station house, the
p,yaeaps were consulting whether not they would
cut the wound larger, and by that means pu, back
int shines and sctuay had the knife ready 70 do so
wen Or lie Roy pushed them back; he was taken to
hospital some three hours after IL took some time
20 disss the wound; Foster said TO me captain, I'm
AFRAID m goner;" said hoped not; think Lopez
brought In before Foster came there was one OF the
ether men brought In next morning; I examined the
sntaloons Of Foster; the cut through the psnta-
ICONS below the wstband and through his white shirt
aud bis hsnntl shirt; he very good sized mana
man that would weigh over $50 pounds 10 night ouh