The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-11-21

| Hon. Judge Edwards aad Aid penmsn and Ward.
Nov. 20-1M People rs Peter Galcv. The prisoner il
this case young nAtse Of New Work isapParent
not more than eighteen years Of ago, and is charged
with the murder OF Charles Poster the 18th Of Feb
sussy ry 1sSo, By saseng hin n the abdomen with
and was formerly nswsboJ axf subseque utly carrie
in this city The decesssd twenty two years Of age
and native Of Boston rho District Attorns appssre
for the prosecution and Mr. james T. BRADY, defended
the prisoner, whose mother sat By his side u,ing tn
trial.
The following jurors were anpanellcr without eoremp
tory challenges the part Of prrcner so fsy
were excused on the ground of conscientious scru
Ward. ward
IL. Chichester, 7th g IA g. Blanser, 18th. =
&c n. Decker, 10th g S.--Bepj Curtis, 3rd -
3.-J. l.. jenkins, 18th 8. 9.--Edwn Pock, 10th y
4-Joseph Schultz I'd = 10-Wm. r. Cook, 7th "
6.-yohn I Parish 1st 1l-Wm. R. Gray, 9th g
6.-J w. KiEly eth 12-M NJ. Smith, 9th
Tho District Attorney proceeded to state the case
from which 1t appeared that the prisoner the bar
stands charged with the murder Of Charles Foster The
indictment found in March, 1861 and the prisoner
was not arrested TIL recently The occurrence which
rise to the prisoners being placed in his present po
sitio took place In grocery store corner or Mulberry
ana Cross streets Some words ensued between the pr
soner and the deceased Ia reference to young wonan
man more eowerfnI than ths prisoner Foster sraak at
and believe struck him three four blows in the
and some told him he ought to strike
boy like that the prisoner being still In his minority
and this occurrence took place three years ago
After being struck the prisoner left the store apparently
looking for stone and crossed another store Ct
the opposite side Of the street and then
store (where the deceased ws with something in hiG,
hand which was ut fret considered to be club but wac,
discovered afterwards to be knife; man attempted to
stop him and the instrument his hand Gillian then
rushed at Foster and stabbed him Ia the abdomen Foster
after. 1t Ia psnful many of this descrp-
top in city, but be the District Attorney sincerely
grade to mansaughter yet from the evidence that would
be sdduced he thought 1t should be either murder or
nansaushter teri in the third degree, or acquittai
posed live at Il Mulberry street, know the prisoner
knew Foster; In February, 1850 lived at ilS Mul
berry; Was present when difficulty occurred between
Foster and prisoner it was in grocery store of
Mulberry and Cross street. kept by Dutchman named
Henry; 1t between and 10 O'Clock after supper on
Sunday evening; Foster and several Others in the
store, and Gillian came in and made some remark about
some girl In Mulberry street. 1t appears that Gillian was
up stairs with some young lady and that another young
woman came and locked him up; Foster said ke didns
want to hear it, they kept conversation Foster
struck Gillian in the face with his hand, could not
ray the hand csnched he struck him three four
times In the face, told him he ought not to strike that
boy; Foster was much larger man. Gillian went out and
was absent three four minutes Foster remained in
the store everything went on peaceaby until Gillian came
in again; he had something in his hand which first
thought was club the whole length OF 1t was about
foot he rushed to the bar sitting box, and
aDd attempted to stop him. took hold OF him by the
shoulder and took hold of what thought club,
but it cut me- let it CO. and told Foster 60 away
1t was knife was looking at my hand and the next
saw wss Foster and Gillian clinched; that's all saw until
Foster in the street. it could be ten minutes
after Fosters shirt was all over blood did not see
anything Of Gillian afterwards to know him the
Hospital
Cross examiaed by Mr.. Brady Il knew Foster about
year; he went by the Of Foster did Int know
that his real name was Fisher his business believe was
in eating house, he had been to Mexico no boarded
in the house with me; think had seen but had not
personally known Gillian for two years had been drink
ing that day and had FOSTER could not say he
drunk but he not entirely sober; not entirely
sober had been drDkipg couldn't answer for Gillian,
don't think he drunk; don't recoect the words
that said which provoked Foster TO strike him;
0lan was not Knocked down. did not see any bruises
IN i'm. atp baf Waan a
not to strike him; can't recoect the words that oc
who kept the store was present think Foster was com
ing up towards Gillian, and told him TO keep away from
him, that he had knife do not recolIect how they
clenched but think Foster had hold Of Gillian by
the collar; when Foster In the street he walked
into drug store, and there left him Gillian lived in
Orange street. believe with his mother; his father is
dead; j understood Gillian q newstoy Foster
larger man than ami Gillian called boy ut the time
Foster large man. and should say pretty strong.
Robert W. Phelan deposed-I live at lis Mulberry
street, present in the store when this transaction
took place when Gillian came in he said he had been in
house and going up stairs with Dutch girl when
Fosters girl stopped them Foster and Gillian had some
words, and heard Gillian dare him come out TO the
yard and say thst he could lick him. Foster sprang up
seized Gillian and struck him. hr. Hill took hold Of Fos
and said il shame strike such little fellow;
Gillian went out to the street as il looking for stone
called him, but he paid attention me- he then
went to store opposite and came with something in his
hand he then went back to the store where Foster
followed him and met men coming out with Foster
leaning them went up to Gillian, and MI. Hi told
look out that he had hnfe and that he had cut
him; looked Mr.. Hills hand, and TO the
doctors shop with him. and while there saw Foster
coming in leaning On Mr.. Edwards and an officer the
doctor tore of his clothes and saw tho wound In the
lower part CT the body did not see Gillian afterwards
until three four months before he arrested what
/ thought club was about foot long
Cross examined by Mr.. Brady was clerk In an ex-
change office In Orange street. knew deceased by the
of Foster heard after he dead that his right
was Fisher; don't think Foster was sober, for
bad been in company with him all day drinkiDg there
party Of seven or eight Of us drnkiDg Gillian was
not in the party we're togeh hye or six hours Eos
terms sure 1t Foster, and not Gillian, that
sitting the box because standing beside Foster
twas not Foster that said Gillian he would
lick him. it Gillian said IL to Foster they had angry
words; forget what they were; don't Iecoliect what
followed out to Gillian when he was looking for the stone
he much excited Gillian carried on' IS If he
had been drinking, but did not him drink can't
say that Hill drunk he didn't appear to be; had
been in about eight stores drink but didn't
feel the effects OF 1t after my SUPPER the drink seemed
to have died away
The District Attorney then by consent the depo-
sitions Dr. Vreeland Surgeon of the New York Hos
pal which stated that tho deceased admitted the
hos psl the evening Of the 18th Of February 1S50
upon examination there found incised wound,
inch and halt in length in the abdomen just below the
ribs it penetrated the cavity Of the abdomen the patient
went on badly and died at half past egnt o'clock the
10th OF February 1860; on mortem examination it
discovered that the wound had the left Of
the liver Inflammation OF the intestnes had
pervencd the jsjury was the cause OF death
DIR. Church, examined deposedThat hs was assistant
to DR.. Vreesnd in $780, at the City Hospital recocct
the csse OF Foster the wound was in the upper part Of
the abdomen ii penetrated the walls Of the abdsmen and
extended to the lift side and touched the liver; the
wound was from an inch to an inch and halt on the
surface Of the ntesnes injured thet wound
the Of his DEATH witness had no conversation
with Foster previous to his decease
Gross examined The recovery in Of that kind
that 1t would have been exception il he
had recovered
John Swanmaker dePosed-Thst in 1850 he kept gro
cery store ut No 5S Mulberry street recoect the night
Foster was stabbed; was in my store at the time;
have knives for cutting meat hams and cheese Of
them have blades eight inches long; looked for knife
mi 4
knife with blade about or inches long and inch
and half wide IL had wooden handle, and was alto
gether eight nine inches in length; 1t regular
butcher Is knife
Cross examined Had that knife last, in the
forenoon.
Henry Bsrclsge deposed that he keeps grocery aad
liquor store; know Gillian and knew Foster rscosct
the evening Foster stabbed; in the at
the time Foster there when Gillian came In |;
don't know exactly what was said when he came in
heard words between them but cannot tell what they
were; they We spoken In angry tone saw Foster
strike at Gsn he struck him right In the face about
three or four blows did not Gillian strike back: Gil
Ian went out; can't say how long he vas away it