The New York herald., 1851-11-16
The Trial Of Lopez for the Nurter OF Fss-
tex. the Polio sman, Postponed.
COURT OF OYER AM TRIMMER
Chief Jus,lse Elmoajs aud Aldermen Miller ani Coalt
In presiding


Chief Jus,iee Elmosis and Aldermen Miller ani Ccalt
In presiding
Nov L-At the sitting Of the Court .his morning tho
D!srict Attorney SAID hat be understood from lettss
received from the psoners coans. tina. In consequence
Of he coDtnui udposop Of his wife he could not b,
able TO here this morning to resume te defence Of "a,
prise Lopez lie has however lett hts papers with
the Clerk CT the Court and be also says tha; the t s
very accurately reported IN the uraALo 80 tia. any
gsn, whom The Court MAY sseign viii be sblo TO be-
c. ne &C quanted with The case TEs District Attorney
t5tre.ofr prcroe3 that the Court should assign new
eeunisl aud take teces' for few hours 10 ereeE %
givr the gentleman time 10 read the testimony
The Court inquired OF Mr. Harris "a gentleman reprs-
septnx the spanish ConsulD what was the prisoa-rs
wish with regard 20 procs-diDs with the case
Mr. uGiri having with the prsene- saitkhas
be would pre:sr hasias the t, pos po1sa sa. Monday
h defence ould De able TO attepd.
TIE Jroge-But ~ car no, keep the Jury oentaet
uEin horday they must be permitted 90 go y iars
II necessary however TO set the consent ot thS PIT
sooer 10 allow them &C .eparz;s.
Mr. Harris hsy.og again consulted wiis The 2ssoner.
CtuIt ray ass provided his eoGnss e0nsscs or s2-
proves Ofihe srisctlOE.
Judge-Vhs sces be- say 20 the Jury beiag re-mstet
&c large, We a. lot require hl3 cOssoat so- tbs
a.taning ci counsel
Mr nsifi,-Hs consent, to tsslr separating vita
cauicn ON the Court to avoid any iBausIces and 81
ccpvsrsa.ion on the sahiect.
The District Attorney suggested that Mr II Clarke
who vas in court shcule take charge Of the case
that r,cps until the afternoon be tsksn 70 give LIN
time 70 look into the evidence.
Mr. Clarke ssid hts engagements were such that is
or he would ac 81 Willingly. -
The Judge inclined, der al the crcn nst snce'
20 yield 10 the isisOnss reguest aad adjourn lne os
70 Monday.
The District Aitorna7-Ths lady may not be better
On Monday and IL aBy calaEity snould hsisu net " u
lot to be expecs that the prisoners eoGose coud at
tend TO the case az al lie therefore thought s7oshse
Gentleman should B. sseignsd ,,..-,.
The Cgtut though. that TIE esSs had bstter be all
,ot,I ned until Mundsy In the rlesatme ne would a.
ion counsel The Judge then assigned Nr Phil
i'm. and Mr. Re maine ar told then they could have
the notes u counsel AMI the report IN the togs
h.r With bis notes if ssry 20 make themselves
sr1uaintsd with the particulars Of the case.
Nr Rousue said he would wish 10 be excused, bu.
he out saii that unless h assignment interfEsd stth
bis private interests he could not be excused
The Judge then told the Jury that under the uaforta
nate ccu OF this the Court would devise
from the usua adhered to in urrier trials
permit them to 20 at arge The trial bad been attended
With very extrHordnafy crcumstancesfst, the jGroc
Who did not understand ths Language. stting thu
for part q the trial compelled the necessity Of com
mer cling II ssau next the ness Of the nseIs vile
These considerable together with the TACT that one o.
the present jurors had Represented TO the court hs
morning that his state of health srsa thse
bis physician vss very auch opposed 70 his osi,k
from the usual course, asd permit tasfs VII w. ~
consent Of the prisoner, " separate. II tag eser-s
not adopted the heath Of the juror n sh pe ~ II ,s
SIS 10 render another juror necessary ena tus Go
then he comm sneel sgsin for ths tnlra ime =,
would hopevyr remember that they saoui ~ ~ 49, -
any one, no< permit any one 20 af ths TIA
converse amongst themselves on the $40 u ,, 49,
nor Oh ld they reed the newspaper rspnr.s ensu va
nree <sd,,g gs were termsated altogether win .ns ~
n ., ,hsv vere p.rmttsd to 60 TO ther rssp-cupsn ~
fbs court vss theo sj ,urprd uain H7p,H WHs's4 "
ten o'cl9cs