New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-05-20
PRICE FOUR CENTS.
THE FOSTER TRIAL.

resumed at l0S yesterday morning in the Court Of
Oyer and Termner before Judge Cardozo, and although
only one Juror was lacking, and 124 appeared -
candidates for the position, the Court adjourned at ~
without the twelfth Juror Judge Carozo had ordered an
extra panel ot2o jurors retunabe yesterday morning.
and no could reasonably have doubted that out OF
this number would be found who could qualify
"a juror especially when IL r. borne In mind that the
preceding IL jurors had been selected from 33l cand.
dates. Such was not the fact however; and a. there
are probably more men who have opinions
than there when the trial began, beside
the number who have formed opinions because pos
sble TO get excused from serving for that Judge
Cardozo Thoughtful expedient to order another extra
panel OF $780, returnable Monday at 1oi he ase
ordered that those already mpanced be kept together
as they thus far have been in their quarters at the Aston
House. Strenuous objection made to this by the
DistrictAorney and the counsel for the defense but
Judge Cardozo said that he felt his duty to do H. and
that all blame from the jurors II there was any must
rest on him. Most Of the jury viewed the matter very
cornplacently three four Of them were highly IN
dignant at being deprived OF their liberty and dd mol
hesitate TO express their indignation after the adjourn
ment of the Court They are men with Dusnea carr, anu
takes place In the courtroom, is forbidden them n1ti.
rally follows that their interests may s1ier during @
fear that they may converse with others about the t
but the consistency Of this course Is to' any and
all of the daily papers and whatever comments on '''
The Court opened 10Y yesterday and after 90,
roll OF the Jurors already mpaneed had been caed tn'
drawing OF names from the panel OF 300 wds pegu'
Edwin II. BoughtOn examined for over ha.t on
hour, and after contradcting himself heaFy w 1a
times, and getting into hopeless mudde a. 20 ,ns
difference between opinions impressions, anu d Sar@s
Monhall were rejected for having formed aud ehes''u
| opinions. . s
John MeGowan was the next candidate called. AMER
he had been sworn Judge stated that the defense
mencement OF the trial. and expressed wish that Ibd
prosecution would take 1t thereafter. ., =, rooor,
Judge Cardozo-I cannot give any direction ID iee"ia
pstrict-Attorney GaryinI win challenge the gentle,
man for principal cause TO the jurorl Have You any
conscientious scruples against finding verdict OF gn
in where the punishment Il death ana the e'den''
| would warrant such verdict A. No, sir al,
Disrict-Attorney Garyin 10 Judge stuartl-i WITH
| draw my challenge, or 1 will lend II to you
| Judge stuart-Thats pretty well done. o.. .ox
When the next candidate was called Judge stuart took
scientious scrupes against death penalty The wit
| ness said he had not.
| Judge stuart-That's all.
District. Attorney Garyn-IIave you formed opln.
ion the guilt innocence OF the prisoner A No.
Judge stuart-I object; do not withdraw my ehal-
| Judge Cardozo-The objection Is made too late:
At the conclusion of the jurors examination MI batt
statements of the candidates, as when one sild'
formed my opinion from the testimony taken at lne
oners inquest" claiming that these repetons were aPs
to upon the mind of the jury impaneed tne i
preston that anybody who had read the repots "
Judge CardozO-I think counsel on both sides IN nm
pOrtant are apt to repeat ta tine testimony Oh He
Mr.. Bartett-I think your Honor will do me the credit
ngue Csrdo2ooI think it is scarcely applicable to you;
but as Judge stuart has conducted most OF the exhna
TONS must he has not fallen into the same mshe'
| Judge stuart-I never contradict Judge
Judge S S Mss john op
DstrictAttorney Garyin-Haye you any eohseehous
where the punishment Is death and the evidence would
| Justify such a verdict A. No, sir 81. 80 a..
Judge STUART take the Judgment of the Court Oh that
Judge Cardozo-The challenge ia not sustained.
Judge stuart-Has Judge Garyin any other eh'iehge'
| District Attorney Garvin-I have no other. .,
Judge Stuart then challenged the cahdde Ior Prh0f
eabeS English Ene eoT Of The Insurance Times had
formed no opinion, not having read OF tRe % aby
thing any on the subject but mad heaTd olhSIs
tax about 6d ,o as w Ssde GABRIEL EbrsEe BENJAMIN
sgel, and George Place were rejected having ioi'u
Al ITO D. m SO names had been called and recess OK
| three-quarters Of an hour was taken ,,. ,h,
VIM X. Sands, Wall-st. broker, had thought hpunis
Mt all about it, from what he read he had formed WHAT no
might call first impression may nave sliu ~ wa .
hard affair."" but further than that had entered mo no
discussion about it the impression he had formed re-
NAMED but he had thought Of 1t sufficiently 10 can
Judge Cardozo-Assumng the facts stated in the
papers to be true, have you now an OPINION upon '"cN
/ - Tie inTor was directed to stand aside.
Theodore sehr9f had not hed Gp ia ore 70 me eso
inror and then his clerk told HIM II wasfhe case OF
caT He didn't form an opinion upon t6e matter az all
o (g Judge ~ What I'D think ASA dH think
Assuming what ESa s 5I was sss, Ts', S,t 70. a,s
Would 900 evidence tHs impression that ,es
man CLERK said so and 50; tn.t DE
o. By GlryD Are entirely indifferent bewetn
prisoner the side aud the people on the other e
@ Nj Bsrtlet( Admitting the purpose Of this question 5,,
Poster allied Putnam have opinion as to what crime e
O. y Judge stuir Have You sny constitutes
distinction between murder msnughter the awi A.
the way hear Putnam Vas killed that murder IN the tst d;
ExJndpe Stuart-Thati IA what we have be.u trying "a
Judge Cardozo Ito juror)-step aside
Vim. l.. Young had not formed or expressed any
opinion, and had made no comments on tue case had
read the account the morning after the occurrence.
| say I was sats5ed thew seie So ~ ''"
@ DID you dsbeIieye and think they h'e A DID,
o Thea you did think bad killed n'n' A ddH,
O. Have you any mind whether or hsi
n s takes S Or pape S id read td% conne m
to The Sun; take every day but DO at lOoA ath more than once
O. From yOu read then and heard and thought
whether Mr. Putnam H was Hiei or Doii A. No. Sir.
You have no aes as to whether anything
Q You have thought or the Oheri a. Ne M Ash-
| q Have you a wife and cbildreni a. haye-three
fe es tbe rar had been examined in this manner
upon the challenge or favor by Judge stuart for more
than half hour he turned nun oyer 70 .ne DStrictA
that one the prisoners Iour remaining peremItory
1srict Attorney Garvin-Have you any conscientious
scruples against finding verdict OF guilty in case
where the punishment death and the evidence would
| warrant such verdict A. have, Sir Laughter IN
| which Foster Joined
nor heard anybody speak about 1t he read the news
| papers sometimes ...
anything IN he paper. . Be true any
o. foteii No. Sir have got 20 Impression at al
zoe Alter long examination the triers found the juror to
be incompetent aud then, at o'clock, the clerk an