The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-11-14

couHI on or0n AND rkaNrNxR.
Before Chisf Jutlce EAmonAs ana AlAermsn Miller


TnK FOURTH WARD.
., Antoine aossI . spssi.,s -.s gl.s.a a me bsr,
tbs Fourth ward ~ ssbbins him IN N. abdomen Nth
dnk KNIFE thu "a q August last rh~ prisossr
s,s as ana si,h soas.s.s". ~, q \. ss,s.s.s Is.
mslico with Which hs stood charged
va. a. ,hs os-ss. .s sS !. - -.
that the jury ssrs about 10 b. called snd Ina BE- bad
T.sis. juror w.r. then called without eh.lens. ~
the prisoners couDe he merely sugss~nv ~ thsm That
n they Acquainted with ths ecunstaUers, ha4
their rirds nats rp on the Fuh.es, thsy shsui wih
Ghs DAiriet Attornsy sssss shs jury .ay q th.@
bed couscisnticus scrupes sgArst capital pan nous
Mr. walter MEADE aid b. hsa esusclentious scra-
pss ard thai they - rtrcrg a. b. render mpos
sibe ga him 4 ave verdict q s1y wfr ths evii-ace
esef ~ strong, in Gaze wttrv Ne pucthsaeni wss
M WIN sni,h also sad hs ,srupl,. we're % siroas
whore ths vunlshnort vas death ~ aid ~ W ala fol
low ~ di,airs q. h eanscirncs and be- knsw ther~
doubt ~
Judgs--sre youg sSruPles % strong =. hat Under
enc uraftanCfs b. the ovirtss strong Yea
wouS ncs be induced 20 render verdict q guilty IN
Ef " D Saith have no doub, tia, could no,
give verdict vhere thu penalty ~ death
Another jrror. nsned swords Expressed hinaef simi
ia:ly and Toe three srTe eh.'ng'd BY ths District A.
tei neyi AID the ccctt setns a. irsr- itreeed them
juror having forlsd an oprioa co The case was also
IRE iuly then s,ood a. follows
l-Rie5sfd Iosaeck. T-helfon O.. Joha.
g. Melancton Burr S-JAosb vsnl-rbeit
3.-ChaEles Bossner John Martin.
A--liugh q Mel. 10 John l. Hubbard
5--Jossph AIKEN li-wr n Oriana
The pri.oIer given in charge aad the District At
toIpsy h,al stat, the partlsuaars q the lie said
which the decreased lost his ..e occurred The vsrty
consisted Ct tbr,e spanish sailors the OF
them the prisoner 81 the bar-and others named
kotsno sDd aaundsrs; ana on the other side
policemen OF them being the decea.sd
ara the other Patrick prepder act the night ps,so
time about two O'Clock In thu morning and the place
at the Of Roosevelt and Water
streets The circumstances we're thes-:-Mr frend-r-
CAST was on outyhe heard n noise N Of fight, at
The corner OF Water street In the dsehsrge Of his
duty, be proceeded TO the place and he there found
these three spsptsh sailors acting In q very vioent
manner. lie ssized hold at Ko, ono and was taking
him Hume when Foster (th- doceesed) came up.
Foster euqured what was the matter PIendergsst had
the prisoners in his custody who struggling
with him he heard Foster exclsim I" I'm stabbed y
Prendergsst turned round imme iaisly the pr
soner ming towards the river Foster pursucd him;
Prendergest also followed, and overtakng Foster
Prendergast found him complaining Of being faint
Duffy, another policeman came up and seeing o nan
running he called him to stop the paid no AZ.
teption TO him, and Duffy struck blow a. him which
his feet Tha, was the prisoner at the bar Dury ,oek
him TO the station house an there afterwards
that Foster had been stabbed. The wound In the
abdomen In the region OF the naval He died that day
and m was tor tbrt death the prisoner at the bar
dicied From the post mortem examination II seems
there had been two thrusts given but
terns wound but 1t appeared Ii the knife had besp
partially Withdrawn and thrust in again, inaicting
internal wounds, which were the cause Of death Tn.
learned gentleman then proceeded call his witnesses
Doctor sukelsy fret called, and dsposedI the
man Miehsei Foster being brought there. saw him in
about Ave hours after be brought there assisted
~ The cs, ro,r exsmin.tien performed the cutting
extending the right side OF the meri ilan line nd
sbsot two inches across It appeared ii it h.d
body found the cavity OF the abdomen about three
pints OF bloedy serum; OF the iptestoes
oxed through and through; there a smaller wound
which partially cut the intestine; the wound from the
surfsce to the inner wall about three quarters OF
Eve inches those wounds we're the cause Of Ia, DAN OF
Michael foser there 10 doubt Of u whatever; thr
silver handled dirk producsdl That instrument would
To Juror-Th.re was in aanmaticn Of the intestines
To The District Attorney-The Inflammation caused
by the wounds.
80 sJuror-Never the dirk knife before.
To the D's,rct Auorbcy-A wound la the region where
this Inflicted Is not always attended with death In
ordinary cases it does prove fatal have known to
get well
Cross ine,I was net In practice at that time;
bad hen only seen two similar and OF them
To the Court-rt we. pros,ra,ion and Inflammation
sheh trsued that made Il fatal this case
tro's exam nati'n-pr lie Roy had chsrse Of the
5eeeased before him there many other causes
that will produce Inflammation of the int-stines
Patrick Prendsrgas sworn. and examined by the Dis
trict Attorney d-posed-In the month Of August last
q the police ooers Of the Fourth ward aud
az go si was one Il the patrol men my district
Water street extending nom Roosevelt 60 Peck slip
knew Mehsel fotcr be sergeant OF that ward 20.
Ice reco, OFT the night Foster stabbed; II
asaiuiaey nopIg "a Aug about one oolcckafeer mid.
night was on first platoon went duty ~ clock
that Dight foster sergesn. 81 my yatoon heard
noise midway between Roosevelt and Dover n fyat
had tszen place stsriing EoOevelt street At
The time the right bend slice OF water street nea7est
thethsmi IN medstry rem &c where the noise pro-
ose6ed ana Jaw two men Standing Oh the sidewalk
oppctiie 70 house Kept by man named Crss; they
v,fe TALKING very LOUD in language which aid net
tsrsand u did not RFI c e frieodly talk;
NnaNu n tall frn ~ snrw n -.
wkss the matter. aud could not learn told the
tai man to 60 to he lodging house and took hold 81
him by the arm and brought him the sidewalk; he
made plunge Away fron and struck the door q
CRIES house with his list, - he wanted to get In
again lcster not there at Che time; took hold Of
the maa sssin and sept pushing hin along the side
walk towards Roosevelt street; there another mas
there besides those two the two appeared follow
nee Nhtn was puShing the man slong the Sidewalk;
derstood the mans 60 be kaetono; Mr. Foster
came up ard asked me what the matter; I
told hlm could mot tell. that / could not under.
stand what they were TALKING about; nv object
vs 70 set the men home could; OF the parties
had marks o violence or them but they were little the
for liquor kontono the tall man whrn had was
verse than foer assisted By pushing along the
other Two mem vas with the Slen that the most
vioent was fhoving him On when heard MIR Foster
fty. am stabbed am murdsrsd" something like
tbst was about yard ahead OF his at the time, IN.
round, ana saw Of The run down Roosevelt
street. MIR Foster ran amer him aud followed too after
the same man lot kontono 60 aud dad not him un-
VI next morning; rsn along Front street and half
through Peck slip lost sight Of the running in
Front streets Foster wa ahead Of me the other a
small man and Foster, who n large man. being
before me, prevented me keeping the man in s;sht
Poster fopPed running ct the corner Of Dover street
he told me he FAINT and could not 20 on; he
said, . there Re goes--foiow on" heard the foot.
stsrs and In few seconds could the nan; re.
paintd sghs Of him in Peek slip; found officer Duav
with the mar when GENE up 70 him. Duly think
he'd bold q hin AFTER regained sight q the man whcn
Fostsr told me to follow did not lose tight Of him
until came up with him; that man was Lopez the pri.
soner; a. vas In the act Of putting my hand on lin
hssd scmethins fall; picked hupi Il wa dirk knife
PEI 70 the station house he got quite faint in Pearl
street and four or i've of obliged b carry him.
was locking the UP when Mr. Foster was brou mt
in fofer appeared 10 be strong hearty powerful man.
and nan Of remarkably correct hsbts found Of
the other men, saunders next morning about hafpsst
Fix O'Clock II the North river walking near the Isba
NJ the slip 90 which understood, they belonged lid
OF recognise Founders but he recognized BY the
lsrkeeper cf Crss, whom took with me the prisoner
had ON vhst appeared TO me Panama hat thok kon.