New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-11-18

MONDAY. Nov. II, 1851.
| Continued from With Pagel
Mr.. Torreps stated, that he went TO the prison
ana spoke 10 Lopez, as to the charge against him.
and l.. said he knew nothing about II witness told
hun If he willing that he would get priest for
hun, TO whom he could confess he replied, that he
could not confess that, for he didnt know anything
about 1t witness told him that he (witnessl was .
| SpanIard, and he supposed Lopez had friends
| here and he would see hun righted and II l.. was
| willing, he would employ lawyer. which l.. was.
and witness spoke to MIR. Smith, did no! say after
wards that L. had confessed the murder.
This witness, and two or three others, among
them the Spanish Vice Consul testified TO l.. hav
ing two three bruises on him, one on his leg ona
! on his neck, and one on hls IONS.
Morris h0ns, sworR-Is a Police Officer had
conversation, on 18th of Aug. with Mr.. Touens. he
said he had been up to see Lopez he said he feit
| very bad, and he acknowledged TO him CD that no
had committed the deed he said he was going TO DO
interpreter for L. and he intended to have the others
punished as we'll as Lopez for he knew they had IN
stgated him to 1t AT the time of the conversation
| had my star on; l acquainted with Torrens
| before he resided on my beat.
| one or two of the witnesses stated that Lopez
could not speak any English. Cap, Dhchett Fourth
Ward Police, on the reverse, stated that ne had
asked prisoner questions as to his vessel the color
of the hat, &c, and that he could speak English
so as TO be understood he said the Panama hat did
not belong TO him that he had black hat
Thomas j. Redden Sergeant Fourth Ward Police
Was present at the above conversation as TO where
the vessel lay &c went to the house Of Cortes be-
tween and 9 O'Clock Saturday morning he
said he did not know anything about the men vine
had been engaged IN the difficulty.
Mr.. Potoni recalled by District Attorney Lopez
was as was at the Coroner's inquest heard him
say TO Saunders Gonsalez that he had sworn very
strongly against him Saunders GonSalez said ne
must TO what he see he found hnnseii unoef
the necessity 10 swear thus | asked L. how many
times he struck the man, the man that was stabbed
he said only did not hear anything on the IN
quest as to there being two wounds.
The District Attorney read the declaration OF de-
ceased before he died he could not recognize them
three men talking loud and an officer spoke
to them, and they were saucy came up and toiu
them TO desist or would take them in, when one OF
them came up to me and stabbed me had hao nS
alteration with the man.
The examination OF Lopez, after arrest, was ALSO
read In 10 the charge, he SAID ne hau noun
Some little other written testimony was also pre-
sented, but nothing OF moment eliciteo ana tue Case
closed.
The District Attorney said, he makes 1t a rule
invariably present all the testimony IN 70
the jury and with that view, he placed Uonsae1 On
the stand Had he not done so, all the testlinonI
thai has been yen that he o sad no was s. S, BEEN
| admitted.
| The case here rested, and Mr. Romeyn, on behalf
| OF defense commenced summing up. lie was FOL
| lowed by the District Attorney.
Each of the counsel addressed the Jury at consd-
| cradle length, with much eloquence and force.
The Judge, in his charge, reviewed the prominent
| facts in the case The testimony OF Gonsalez has
undergone much examination II the Jury do not
give crecence 10 IL they will weigh the testimony
OF the others 10 II there Is not enough without
it-tidt OF IeudtrgdS Duilyt tWo
| also, the testimony Of the TWO young men who
stated they the man who lifted his arm as IL
striking blow, Immediately after dong SO run
the fact Of Lopez throwing from HIM, when arrested.
a dirk having upon 1t fresh blood II the Jury do
give credence to Gonsalez, then they VIII see now
important IL Is In confirming the other testimony
They will also bear IN mind the testimony OF Poonis
after the inquest, when prisoner, on being asked oy
him, said he gave the deceased but one blow II the
Jury consider that Lopez inflicted the wound, and
had, at the moment, an intention 10 take iife IL Is
murder II he did not intend TO take life, II was man
slaughter IN the third degree The Court referred.
during the latter part Of his charge To the dangerous
and reprehenslDle practice Of carrying conceaieo
Mr.. Phillips, after the Judge had concluded asked
him to charge that where the intention TO XIII Is on
the instant OF infictiDg the blow, more care ana
caution are requisite on the part OF the jury than
where the intention is deliberate
The Court said the proposition Is sound one
The July retired a little after o'clock, and aAsr
an absence of about hour, they returned into
Court with a verdict of GUILTY of MURDER.
The Court then adjourned to this forenoon, when
the trial of Square, for the alleged murder OF man
In Spruce ST. will proceed.
In respect to a remark OF the presiding Judge, on
Friday as to the question Of the Jury being permitted
TO go at large His Honor states 10 US that what ne
said was-Jurors have got over the Tom-foolery Of
being Influenced by the papersl
SUPERI0R C0uRT-DeIOre JuuBo pi"oos
-Catbarrus ~ Forrest against Edirn Forresf-iun
case was on tie Calendar yesterday, being the sun.
with cross charge for divorce, but It did not come
on There is to be- as already stated, speclsi J1iy
In the case. The following order was entered. "
Sered. that the Jury empanneled for this cause DC
DISCHARGED and that the cause De SET DOWN Iof 'uo
first Monday of December next, and mat new
special Jury be struck under the ofdel nefe"i"ie
made at special term OF this Court. -,
Edtrin Peek, assignse, &C., against j. " !" Wsnr'
relt, ShaiG-For alleged lnVslld levy AZ the ineA.
cal costume establishment IN Prince st, &c, already
referred TO- The jury could not agree ana were
Franklin FIRE Insurance Company against chariesJ.
Agent Of the T ,Ss 3 the Fire ire
Denanment Fund ID Is denied that he had any nshe
10 DO so-the commissioning received being ine9uiv-
alent for the ordinary disbursements, &C. l." %
Before Judge Pane-John Murray against Bartlett
szn,th erecutSr Of Hugh Smith, dseeased-suI wnic.
has been ted before Is u Lel.nSn ~ situated
~ the corner OF Grand and Smith and Remseh ans
Ewen-sts To be continued this forenoon
C,acrrr Cousr.-Before Judge Edwards.
Hiram {. Bennett against fredsr'e* q, ~ New
HAVEN br which it was commended defendant Was
liable for the goods sold, already feiened TO- "o
Jury could not agree, ana .ef ntS.S u W,i,nms
| The husband OF plaintiff made an agreement 70 80
a. s,ewsrd OF the steamboat Rhode Island, year OF
nIedged thai he would perform his engagement IL
Was SAID plaintiff was also, on the Original Sna S,d
standing, 70 have gone as stewarcess, nut she oid
| moi, The Rhode Island II will be recoilec,eo, Wa
ieft by portion Of her crew at sea m SINKING con.
dition-msny persons including the husband ..
plaintiff, remaining on board ana tae sesss. ssss
Seposed belonged to her Individually and she sues
TO recover the amount. For defense It was sad sne
| could only claim administrator Vercic' ior
| plaintiff, $22s ~, being amount ana interest
CouRT CALENDAR.-Ths Ddy.-CoM-
! xox P,r.s.-Psrt Mos 905, s03, 955, 975, 1T,
Iiie iI5I 03s I04s, ,I53, 1i35, LIS, " ilci'
liza lbs ll67 1859, LIS. Part l-Nos. 80 49,
"a, ss2 500, SIS $50, sea- $685. S, 49, yf '''' VOTE
surrlroa CorRr-Nos 49, a. 20, los 81 o.; cd ,,