New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-11-14
TRIAL. FOR MURDER.


| Udcstng, on fhe u OF Atg. idSf of HfCaact FssfT,
| one Of the Police Of the Fourth Ward.
The prisoner is young man, rather be-
low the middhng stature-he is defended by Mr.
| James Smith, IT, the District Attorney Mr.. Blunt
appearing for the prosecution.
Jury wa sworn, under the new and excellen, plan
Of calling the whole number first, and letting them
take their seats, and the trial proceeded.
The following are the gentlemen sworn as Jurors
Rchd. B. Foedick, foreman, Melancton Burr.
Ihas Rosener, Hugh ONell Joseph AIKEN, Peter
| Negent, Motion ST John, Jacob Vanderbilt, John
Martin, John L. Hubbard, VIM. H. Grifhng. James
Fowler.
Mr.. Blunt opened the TO the Jury, stating
what he expected to prove. Deceased was stabbed
in the abdomen, conveyed to the Hospital and died In
about Is hours.
| Dr. Suksly sworn.-Am senior dresser at the Hos
pita Saw Mr.. Foster about I'VE hours after he was
brought there. He died there. | held with others,
the post mortem examination On the right side Of
and about three inches below the navel, there was
wound two inches the surface, which penetrated,
and another internal wound If the knife had been
drawn up lDside-the intestlnes were cut, in one
place through and through-and another smaller
wound about inch from the other, only cutting
one side Of the lntestin.. The knife should think
passed into the stomach four or I'VE inches should
suppose the knife had been partially Withdrawn, but
not entirely, and again thrust in. The of the
death OF Michael Foster doubt, those wounds
should suppose they had been made with double
edged knfe-(a dirk, doube.edged, was here shown
| the wound could easily have been made with that
| Rave seen a man with as bad a wound as thai get
well. but i, is always dangerous. and generally fatal
CToss-eIamined-I was not practic,ng at that time
assisted directed. have seen two other cases
| similarly wounced-one Of them got well. The
| wound is not necessarily fatal. Dr.. Leroy had
| charse of Mr. Foster al the Hospital.
Pa'rick Pspdrsdsf swonl-ln August last was
ore Of the Police of Fourth Ward, and am so still
Anew Michael Foster he was sergeant OF the
aolice About O'Clock, Saturday morning. August
-. IeaTc e noise. about midway between Roosevelt
and Dover st. N alter as of hight Proceeded there
and found two opposite the house Of Girls, about
the mdle of the street. they were talking very loud,
end one appeared yery violent could not understand
what they said asked them what WAS the matter.
but could not understand what they sad supposed
there had been fight inside told the tall man TO go
TO BIS boarding house, and took hold OF him BY the
arm to the sidewalk, but he got away from me, and
struck the door OF CHS violently with his fist. Mr.
Foster lot there at the time. got hold OF the
man again, and kept pushing hm along the sidewalk
towards Roosevelt-St one or more Others were on
the sidewalk when | went two men appeared to
follow as was pushing the man along. MIR. Foster
came up and asked me what was the matter told
him could not tell as could not understand what
they talking about. Ny object was TO get the
men home, If could None Of them had any marks
of violence they appeared little the worse OF
liquor. Pononio, the allest, seemed to be the worst
MIR Foster assisted me by pushing along the other
two men. | was in the act OF showing p. when |
heard Mr.. Foster say he was murdered, or stabbed;
We were then near the corner OF dloosevelt turned
ter In pursuit Of him also ran after him Do moi
know what became of the other TWO. They turned
INTO FTont.st towards Peck-Slip lost sight OF the
man in Roosevelt before he turned Front Mr.toser
who was a large man, and the other small, was
between US Mr.. Foster continued to run 10 Dover
and there stopped, saying he was falnt.fant-or
something and said "there he goes, follow on
Heard his footsteps, and In two or three seconds
could him kept crying out came up win him
a little the other slce of Pecks slip, still IN Front
Officer Duffy had hold of him. II was Lopez, the
prisoner As was in the act OF putting my hand on
him. heard something jingle on the sidewalk, and
saw dirk knife which carried to the staton-h0use
We conveyed Lopez to the station house. In Pearl
street.-the appeared faint and some Of us carried him
along. The knife picked up was similar 70 the one
shown gave 1t to the captain was at the station
house when Mr. Foster was brought in he had his
naloons open looking at a wound his pantaoons
were all bloody Foster was police oincer a long
time before | was he was a tall powerful man, OF
correct habits, as far as know went Nj search oil
the other tw o men one found at half past sax the
next morning ne walking along the bulkhead
ear the ship did not recognize HIM he was Ia
ea 10 ne So% to the time
was stabbed they could not have been given I'M
known tome.
cross. eranined-I had club with me | expect
Foster had We generally do have when We go
on our routes did not strike the man with the
club was paying particular attention TO the tall
est OF the three men and was not looking at Foster
There five OF us altogether, the three sailors,
Foster and myself the man saw run was the only
one that side of Foster when ne ran roster fol
lowed CRYING ." stop hun, am stabbed +" while We
were getting The men along they kept falling all
the time , don't know that Foster had hold OF one
of them by the collar did not see any marks upon
the man at the Station. house his coat of do
not know that II vas torn of ! was within yard
OF Foster while he was running 1t Sas not moon
leht do not know II 1t was clear or cloudy II vas
pfett, hght down IN the slip, near which l.. was
stopped | took J.. u the cell do not KNOW thit
he mad any vest or neck cloth on was Ia hHfIy
and had to go after the other Two men II is com
mon occurrence for the policemen to use their
clubs BY striking persons over the head with them
clubs are carried by all the policemen at night.
Patrick Duffy, swoD-Was aPolIceman In AUGUST
last while on dut, al the corner of PecA-slp and
South-st heard the cry OF murder, ana stop
him - ran up Peck slip Oward Beekman.st ana
gave chase , | called 10 him to stop ne PAD no at
tention | told hun TO stop or would strike MN
with a club he did not stop and struck him win
club on the side of the head or neck he staggered,
and before he recovered took him by the collar,
and as he tnrned round | saw hlm drop knife
saw crowd III pursuit the man was Lopez, the
prisoner PendergasL picked up the knife we went
TO the station house when We got 10 oaA-sl, lap
peared 10 be faint and fell down; his summer coat
was pulled over his head he ndd coax on al Una.
time there were spots that Thought were oioou
upon II the knife found was like the one here
shown have been policeman years roster
was IN the police when went IN he TOOK httie
occasionally .u.
ross-eramnsd-The men who were following
wee about twenty PAGES behind when | struck the
prisoner | don't know If he talked any or not
don't know that any person was nearer than ~ pa,
did not see The KNIFE Ia ms manu- , 4 ga" ~
fall and sound the ground L.. oiu not Oieeu any.
Don't recoect that he showed any bruises at the
station. house only struck him one blow. IT'S
not a common thing for me 10 use my CLUB would
not have struck him II ne had stood
The Court here took recess After the reopen
ing of the Court, It announced that Nh Roslner'
one of the Jurors Ia German) was nos sufficiently
acquainted with the English language to be enabled
TO understand the testimony. On being questioned
by the Judge, Mr.. II. replied that ne understood
part of what the witnesses said but not the whoie
A question then arose what course the Court should
pursue, whether to withdraw the Juror and suos'i-
tute another, OF call a new panel proceeding win
the case over again. The matter Ii 70 De decioed
tomorrow, to which time the Court adjourned
Previous to the adjournment the DISTRICT Attorney
manfred il il would not be best 10 request that the