The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-11-15

mad better 90 home, because those ioafsrs VIII ein
f% spcss 70 Lick Xsu" said DO 60 hone.
heard noise and a. the same time the policeman Who
street ran up Roosevelt Cherry; Afterwards vent
lose it; Lopez had on Panama hat: 1 had spring
knife, with white handle; Lopez had dirk knife With
like that; saw it with him 10 New orlssns had :
sheath when 1t in New Orleans; at time he let
pocket it out Of his breast he took it that night
The testimony Of this witness was suspended in order
that Doctor LIE Roy who had just returned from the
Doctor LIE Rsy deposed that he saw Foster at the sta
ton house he was in state Of collapse and very cold
he hsd wound and three four feet Of the intesnes
Protruded assisted in replacing the ntestines he
removed to the hospital and under my till he
died. be died in the evening, think about half past
four o'clock, but have not looked at my memorandum
since my return ! held the post norton examination;
Doctor stukey those two could not have been
inflicted with one blow; there was but wound
death recollect the District ATTORNEY osinr at ths
hospital and afterwards took statement from FOSTER
he was at that time fully conscious Of his situation and
disd IN about three quarters Of an hour Afterwards
TIE District Attorney here stated that Doctor LIE Roy
nsd handed him the document, and he had sent TO
sNcn LOT IT, In the meantime be asked the Doctor to
es the substance Of the statement which he had him
ADMITTED by the Court aud an exception taken
witnesses continued Foster told me that there was
ard that one Of them rushed at him and stabbed him
ne SAID he did not know the man. could he identity
MN ne said he had had no words with the that
oss.exaninsd He did no. mention that he had
+. Saunders Gonzalez recalled ana cross examined -
was bern in SPAIN have been ia this country thir
teen years. l never was in prison; am Of that
went TO John Cortezs house. in Cherry about
ten minutes after the man stabbed; at the time
went In had cap on; did not ask to borrow hat
there; saw man named 0sufrey there.
Odd you tell him that the officer that had been
stabbed was striking friend of yours,
u Al told him that Lopez bad stabbed an enacer in
Water street, and ran away, and supposed that he
arrested.
Q-Did you tell him that you stabbed the man, and
A.-No, sir. know that dollar and half could buy
that man to dill sleep in Cherry street,
wanted me to chunk with another, and would not;
did not speak at all to Gaufrey; it to Cortez
spoke.
Captain Ditchett, Of the Fourth ward police opposed
got this hat (produced at the City prison; it is the
one that was taken from Lopez
Gonzales recalled-By the Court--You ,aid that you
told the man in Cherry street that Lopez had stabbed
man and ran away and you supposed he was arrested
Wtness-Because saw Lopez draw out the knife,
heard the cry and saw Lopez run; if commits no
With the exception Of the dying statement of Foster
the District Attorney eaid he had further evidence
Counsel for prisoner said he would forego any rmsl
opening but would call his witnesses for the defence
Manuel Gaufrey examined through Professor Allen
interpreter and deposed Il am sailor; have known
Gonzales three years. the night this transaction
was at my boarding house, 80 Cherry street. Gonzales
came to my boarding house about five minutes after
arrived there that night Gonzales in very much
agitaed terrified, and looking every way; asked him
what allied him seeing the state of his csuntenance
ger to his mouth and pointing to the landlord Of the
house, whe lying bench aud he enquired If he
him razor in order that he might take of his nous
tache and washers replied that had not the key OF
my trunk but that thought some in the house had
my razor after that he wanted to my hat aud
take his esp; replied that my hat had dollars,
three or four day. before, and could not give to be
spoiled In any fashion when refused to give the
bat, Cor zses offered to pay me for the hat and
still entreated to take his cap again said what as
you; he replied that he had gone Water with
from bis vessel with Joseph and another person. he,
Gonzales said he had ething do with a policeman,
because policeman had struck one Of his friends Con
zales told me he bad struck policeman and that he
wanted TO cut I'd his whiskers and then, by button
ing up his coat the police could not recognise him.
epqured what had been the commencement Of the af-
fray ard what knife H. and where II 1.-THE knife
lac answered that he had handed the knife to Lo
run, and that be lGonzales) wanted to go out and
zee If he could dhcovsr either Of the Others
smother of the vessel at this moment proprietor OF
the house awoke, ard raid TO Gonzales what as you
ARRAY with the police and had Just in from Water
street and that be was seeking how he would escape
Tie court here took recess
EvANiNG sEssfoN-ANoTHER INTERRUPTION OF THE
PROCEEDINGS.
On the re assembling Of the Court at o'clock il was
that The counsel for the prisoner had received
despatch from Fort Hamilton, informing him that his
wife who wac previously indisposed had become dan
eerouy vi that was necessary to call in additional
metcs aid Under these circumstances the Judge said
IL that the gentleman could attend 70 ths
defeIce OF the prisoner Twelve officers sworn
on the jury each OF whom directed by the Court
accompany juror TO his residence reasonable time
ana then at apartments that should be pro-
vded for them In adjacent hotel (french's) They
he tncers) were not TO with the jurors nor
permit any person to speak to them the subject the
trial but they OF TO intrude unnecessarily in any
conversation a their homes which would pertain TO Yr
vste business The Court then adjourned to IL o'clock
this Saturday morning the understa ndnx that IL
the was not able TO attend other geSteman
should take up the defence, from the notes already
taken.
ThcRfIlcnl mud MuaIcaI