The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-01-09

case
Alleged Murdersrs Of Otere Csiied-Mo-
tion for . Postponsment OF the Trial
Amdavit In tho Case-Motion Denied
Trial to Take Place ON tho 18th Inst, 80.
KINGS COUNTY COURT OF OYER AND rERMINER.
the Court Of Oyer and rerminer Of Kings county,
Fudge Gilbert presiding. assisted by Justices Hoyt and
Voorhees,, commenced new term yesterday. The cases
81 Gonzales and Salvador indicted for the murder OF
Jose Garcia otero, in the City Park, was brought up on
motion OF d. Morris, Esq, the District Attorney Mr.
J. D Townsend one OF the counsel Of 0tero moved for
posponement or the trial till the next term Of the
court order allow the counsel for the prisoners time
70 produce evidence Of character The counsel then
read the following affidavit in support of his notion
CIV and County of Ne,c York. s-John D. Townsend
being duly sworn says be is one OF the counsel OF Fran
cisco Genez Salvador who at the latter part OF the last
term OF this court was jointly indicted with one Gonzalez
Tor the murder OF Mr. Otero That tho accused 10 now
and has been since the ending OF said Indictment IN
custody In tho county Jail Of this county that deponent
he's been not Red by Morris Esq District Attorney
that he proposes the trial Of sad Salvador at
the present OF this court and deponent says that
the said Salvador is not prepared TO 20 tna a. tns
term consequences of the absence OF material witness
and OF material testimony 10 his beha ana tnat as great
diligence has been used by him In procuring such test
ony and in making ready for trial at this TERM as the
circumstances Of the case admitted Of; that
the testimony so required relates To- the charac-
the following facts the bases upon which the &C.
eused relies in this application for posponement OF his
on board the steamship Hazard, and who IL material
witness for the prisoner is absent having left this
deponent was informed by the said Hueros and also
BY Of the Of said steamship VIII not return
again before the LIST Of March and deponent further
says that he has known tho said Salvador for several
months board his ship, and that the prisoner, occu-
plying the position Of pantryman, was constantly
thrown within his observation; that he could testify
during such time that his character only good
but that his temper was uniformly mild and gentle and
that more than one occasion while on BOARD ne
mi OF q
sion and deponent says that he was arst informed by
Mr Huertos that he could give such testimony Oh
Christmas Day last; that the following day there be-
ing courts OF competent Jurisdiction th 90 10 session
before which to make application for order 10 take
IN company with Mr. Huertos called al the District At
torneys Office for the purpose OF asking his consent that
the testimony of Hueros be taken In his Office and that
might used evidence before the jury that that
day they did Ind him 10 his Office, but that the fol-
lowing day they met MT MOTHS I'd his once and MADE
70 consent 10 the Introduction OF such testimony as evil
dence though assured by Hueros that his ship was TO
sal for Brazil on the following Friday and that his time
was then Of great value 10 bis employers that Mr.
Norris fnaiy appointed an hour on the following
70 leave the State, and promised TO deponen and
Mr. Huertos OF bis Office, and agreed TO procure the
county. ia order that Mr Huerios testimony might prop.
ery be taken; that on the Thursday evening Aforesaid,
and before the appointed hour which was eight o'clock
deponent and Mr. Huertos came to the Office Of Mr. Nor
s and found closed that they waited there more than
hour before they loft that while their way TO the
that he intended 10 keep the engagement but that had
escaped his memory something to that effect but that
be would consent that anything which Mr.. Huertos
would write to deponen reference the character OF
the said Salvador ght be submitted AZ evidence to the
Jury and dcponent Gays that Mr. Huertos sailed on the
following day for Brazil aud dcponent not abo TO
procure from him even the matter which the District
Attorney at last consented to accept Second. And
aeponent further says that on the first interview With
The said Salvador after he had been retained in this case
he informed by him that he had cousin In Havana
enc Candida Martinez aud that he, Martinez,
Shere who would be able otesy TO his good character
1sy having known him since bis FIRST arrival there from
these persons deponent wrote Immediately to the said
Martinez at Havana and requested him to send depon
knew Of the character Of tho accused during his
residence in Havana or elsewhere; that in re-
x house Of Asccncio { Co., in New York.
about the Gath day OF December last, three tes-
ssas Ses s Jose 3rrSss s. raeo
pen and Gaspar do Areago sworn TO before tho Amert
can Consul at that port and with bis ociai seal affixed
acquainted with the gentlemen who made such afndavts
si sssy are Sssc rHS &. noH II aep
nsuts possesson arc Of similar import, and speak OF
As accused whom they say they have known since his
sured young man. Dcponent further Gays that after
shs District Attorney In his Once on the 9th day Of
December last, deponent, 10 the presence Of Mr..
Ss intention 10 apply to this Court for an order
70 examine certain witnesses In Havana, on commits
sn as TO the character Of the accused that the Dis
sni such order should be issued II the defendant
would consent that tho people join In opposition that
wa then made TO meet on the following Friday such
purpose that dcponent has since been informed BY the
alluded TO that no would gladly consent II there was
sime, but deponent has no remembrance OF any such
being Dssd a. h;; time ns: ;. has
AEdAvts before mentioned In his possession and
asked his consent that they bs admitted ~ evidence
Eai no has refused 70 consent thereto and for this
sson also deponsnt obliged 70 ask in behalf Of bis
fcpy by commission And dsponent further says that
~ evidence 10 support Of this Indictment To- - he be-
heves and is Informed, entirely crcumstsntia in chsrsc
esd and with the aid Of this evidence 70 his charac
r sufficient defence 10 the charge made against him;
sasr the excited o. the public feeling against him.
IT. him 60 70 trial without such testimony And de-
sn.d from Brasil before S he, ns1s sr% cf his Court o
sssd ,ssdIy b returned before such time and that .
- Asa b. ready 70 proceed rS ;Ssn s1 .4ou'
worn 10 before me sA,s Oh day Of ys"usSy. lisa
eEm CLmrrsor Commissionss Of Dssda ~.
District Attorney Morris opposed the motion, on the
Il case; and, further that many Of The allegations
0a1s In The adavt were incorrect He oontsnded thas
e ss y -: y s
sss :abi Jet b bad ds,sss alcrmss .:
Ssarss 4 the sppics.on bad ossn made 10 time 70 allow
ne commission before the present term Of ths
s sios them 70 % % e could cot consent % post
easement OF the trial on such grounda
Ss 3. MAJ 3: :Sss not " . .S:
meter would have on the cass
M Townsend stated that the counsel for the defence
Oould not do TO develop present. Of which the