Daily national Democrat., 1859-04-14
Justices Court.
WILLIAM SINGER, ]. P.
WEDNESDAY. April 18th.


WEDNESDAY, April 18th.
Examination of Vim. Foster alias "Poftuguest
Joe," accused Of the murder Of Manuel Bdtce-
dieSo continued from Monday.
WITNESSES SWORN.
Wash. Monigomery-Sa Foster on the day o.
the killing | was acquainted with deceased
came down street and saw Foster and Manue
quarrelling; saw handle ofpistol in Fosters pock
et and said to by-standers, there Will be- nght'
"0h no." replied bystander, there will be ne
fight )" the Mexican appeared to want hght-a
fist fight, as l thought; Foster told him to g
away, that he was u thefaud that he didn't wan
to have anything to do with him; the Mexican
called Foster a thief first after little, the Mex
lcan caught hold of Fosters collar Foster jump
ed back and drawing pistol, fired the MeXicaI
picked up brickbat and Joe ran.
Cross-examned-The quarrel continued hy'
minutes before the firing took place; Foster tolt
the Mexican to go off, he didl't want anything IL
do with him; the Mexican went off and Jot
followed him up, telling him he was n thief; tn,
Mexican turned and took Joe FOSTER by the col
lar, aud he (Joe) then fired.
Flo Randolph-Saw Foster and Mexican qual
relliug Mexican stepped up and Joe told him I
20 off and let him alone the Mexican stepped ol
and Joe followed up; told him he was thlef an'
everybody knew i; ; the Mexican then took holt
Of Joe's collar, and Joe jumped back and sho
him; the Mexican then jerked up IL brlckbat AM
threw it; Mexican had no weapon that saw.
Cross-examined- didn't expect there woul,
be any difficulty, because Joe was not II fighting
man: II had seen him tried, and he always backe,
down the first demonstration was the Mexican
taking hold of Joe's collar; saw Joe running
from him once, some time ago, beating him wit
a stick Manuel was always considered a bray
man and good fighter; parties been quarrellln
for the last year or so.
James II. Stevenson-I was standing in til
star door of the Orleans Hotel: l saw Manut
and joe quarrelling and abusing one another
quarrelled a short time one started 10 60 away
he told Joe ne was "no man :" turned back (MeN
ican did and acted as though he was going to sla
Joe'S face when Joe shot him.
Cross-examined- first of the quarrel hear
was the deceased accusing Joe of talking abou
him.
Hugh McClaughlin-I saw Mexican after b
was shot he came towards me and asked me 10
a pistol; told him it was too late now, the bes
he could do was to 60 to bed he had no weapon
at all.
Cross-examined- Mexican had made no efnr
to procure a weapon before the difficulty; b
could have procured one, If he had wanted one
because he had Il knife in soak aud he and | bot
had money to redeem it.
Dr. Lnsvlgne-I attended on the Mexican afte
he was shot he died from hemmorrhnge from
pistol shot wound which entered below the cola
bone and went obliquely through the lungs; h
died in nine days from the shot.
FOR THE DEFENSE.
II. Lghtner--I saw the affray; Mexican cam
t. me aud asked me ifJoe had talked about him
| told him YES that Joe had called him Il thief
the Mexican replied that he wouldn't allow him Il
talk about him that he would kill him; | after
wards saw joe aud told him he had better loOl
out that the Mex can had threatened to kill him
afterwards the Mexican saw joe and told him Il
come out back of the Orleans. that he intended t,
click him :" they went out; Mexican called joe
thief; Joe replied that he was liar the Mex car
advanced ami took Joe by the collar and Joe sho
him; the Mexican was dangerous man-SO re
gardrd have been tried aud acquitted for shoot
ing Mex can ; | have had few harsh words viii
the Mexican who was killed; am friend Of Joe
never said, "Jue, let us kill him " Manuel, the
Mexican.) simply said to Joe that, ;fAlanuel put
on any airs with me would shoot his eve out
Joe didn't want any difficulty with the Mexican
Manuel insiste ! ON joe coming ont; finally Joe
went out the blood gushed out of his (ManueIs)
mouth after he was shot; Manuel ciughtat Joe :
collar and struck at him; (this was while the d!f
iculty was going ON y don know where joe g.i
his pistol; Joe WIS ,pprehensive of difficulty
WIN hduuGis anu tllu ludt lhtiutl idu
ned To cuwhide him again, us he had cUNhided
lin before.
Mary Litner-I was in billiard saloon of Or
cans; Manuel called joe out; Joe went out
leard Manuel calling Joe thief; Joe said he was
10 more thief than he was-if he was Il thief he
lid not associate with thief of his kind; Manuel
0lluwed Joe up and struck him, and joe shot
lim; joe kept backing away from Manuel till time
o shooting; when joe called Manuel u liar, Manu-
! said, "ifyuu was a man, | would kill you"
Geo. Lambdn-l knew deceased; he talked
With me the day he was killed; he said to me that
lie wanted to borrow small derruger; SAID Joe
lad be'n calling him thief; said he had cow
lided Joe once and was going to make him ac-
ount for it; told him had no pistol.
Cross examned-I have known Manuel some
little tme he was small sized man, about the
anne size as Joe.
Jesus Deaz-Manuel saked me if l had any
rms; he SAID he had some difficulty with Joe,
md Judged he wanted arms for that; this was
Il the morning before the shooting; about quar-
er of an hour before the shouting; | told Joe
bout this conversation.
Martin r. Casad-Know deceased and Joe; |
nave heard Manuel on three occasions talk about
Joe; three or four months ago he said he had
whipped Joe and Joe didn't resent it, and that he
Intended to whip him again; few weeks ago
Manuel came into town from Nevada, and | saw
him. he said he had chased Joe from Nevada, and
hat he (Joe) had been talking about him and he
idn't know what he would do with him, but that
Toe and he should not live together in the same
own; he said if Joe was spunky enough to fight,
le would go and kill him; think Manuel was II
'gamey' lighting man; every body afraid of him;
le has been in the States Prison; | have seen him
IN several rows.
Jack Barkley, Marshall knew deceased and
prisoner; along in March, Joe told me that Manu-
el had threatened to cowhide him and that he was
afraid Of Thin, and wanted me to get Manuel to lei
him alone; / told him would do 81, but didn't, a:
went away the next day.
Here the evidence closed, and Mr.. Mont
gomery, for the defence, summed up anC
made a brief argument.
Col. Aatch, for prosecution, made few
remarks, and the Court adjourned the cas-,
until to morrow Thursday morning, at II
o'clock.
STATE Prison MArrERs.-By reference t,
telegraphic dispatches, it will be seen tha