New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-05-17
THE FOSTER TRIAL.

t,fai NJ
Avcrv d. Putnam was resumed promptly ut 10a a. m.
,eterdv I'm the Court OF oyer and Terniiner, before
Ipdre CarEozo As the previous day, large crowd
tried 70 rsn admission uudcr various subtcriuges. The
officers acting 10y order OF their chief, Mr. Valentine
were ircNorabe cweycr, and those Jurors who were
examined and rejected Monday did not return ycscr-
day there was marked diminuton in the number adj
uittcd Enough were present, however, TO more than
en- the seats and probably 200 stood all day. Judge Car
dozo in his arrival anticipated the time for opening the
Court by half an hour, and DStricAtorney Garvn and
Col Fellows, his assistant present quarter OF an
hour before the proceedings began Judge Stuart and
his associate not far behind and at lO everybody
was in readiness proceed with the examination and
Judge CarGozo directed that the prisoner be placed at
the bar The apparently ineminabe task then re-
sumed OF getting twelve men with minds sufficiently re-
moved from idocy ene their owners to be classed
accountable beings-men who could swear that they
had read the newspapers and conyersed about the muir
der and formed no opinions The first three candidates
called had formed decided opinions and as the questions
and answers in the cases Of those who have formed ana
retain decided opinions substantially the slme. one
specimen Will suffice for all The candidate is hrs ehal-
enged oy JadSe stuart l9r plncpa Gaese IN oat nc
the guilt innocence of the accused, and under this
O the Of Bernard Cushmanl Have read Ofthe Occur-
renee Te.1ns in Mr. Pstnans 5eas5 A. Yes S H. 0 10 an,
about The guilt innocence Of the prisoner have iomei
Has angtGirg occurred change dielh No. Sir
Eiitrri arvn Is then at liberty TO
examine the candidate, which was done in this in''"'o
that opinion which you have formed entirely what you
Q AID without gsr to the truth Of what have raj yGu sye
made opinion with refIelce to bis guilt or iHh -
g AMI bo that opinion noyi A Yes. Sir and the candl
date told by Judge Cardozo to step aside IN some
any ccnseeno1s sciGpes against finding verdict CT
guilty a where the punishment ~ J No. s,nrf
evidence would warrant such verdict J1Hge o'ugdS
lending the District-Attomey his Challenge ior
that purpose strictly speaking 1as qpsss n"Tt
has withdrawn hs challenge Tor ~, pfi hcfga
TsoteriaS Sftcfnoon the counsel either side allowed
many cstions strictly within the rule OF practice
last however all day for during the examination of Gil
man Colamore, Judge Stuart objected to some OF me
questions put by Judge Gavin and said that ne sh0ud
Insist proceeding thereafter according TO the rule OF
Thc arst candidate examined beyond the questions as
to opinions formed AdOlph TruchseSs, VINO had no
which compelled the withdrawal of the challenges for
principal cause The challenge for favor interposed py
other words they found that NrTruchsess qualified,
tie Way that most of lis predecessors had gone. About
ono ou Of every six or eight candidates called was eX,
specimens of their testimony viii be found below.
benjamin IL. Lambert acquainted with MI. PUTNAM
Tf o further questions Charles Hudson had known
Ecsters father for 20 wears and in addition had formed
decided opinion 10 Fosters guilt or innocence;
Tie first iuryman of the day, Walter f. Bartlett was
not obtained until o'clock. One was soon after
selected. There but few over 30 jurors remaining
of which TO complete the panel ana unless tne pro
norton accepted jurors is greater today than Neser
aay an additional panel viii have TO be drawn The fol-
a
Hudson Ce wa TIE asi jar MAJ sas ~ c s S1 ec o M S
e IN SP, pc wa E I hal formed an opinion IN was re-
ed Adam called and after eonIsd,sing himself s
a y mes AMI sey caense the candidate
sboi % ua Lou, sehT pSTogo5o5 Of No. s i9 Tef d
al SihE his ehaneng~ ia &c GsyH Gta per
VAS set aside thcre heing mistake IN the nsms
ba@ Dq had formed an 1hoS 0F he occurrence ana S and 4
an opinion hh Nahum Stetson, h had rad and talked
@ I S G r tie next cia1 Fcd6qre Of No lai
Pip Io1c Sad formed poi, VIM soA had formed o de-.
Co vo h beard the snt form an opinion he
thor Grye' Va, e had tns ii no opH sS s8d
jazz si9.'t hangs for pFoGpa e1nss 5 ePp o
sci suaIt request be was recalled and answered
You you scru against the penalty Of death for murler
derived The gSIeyy, q The iav'e TF0TTety of
q sue tie law Of h land Of which you ere eCs hST S &
ttnBy the guilt Of n accused party wou
s5 2. s s5d S r, S u 'ef boS u 81 ST. '."
John Norr like the last candidate but on Jude Garyns
challenge prime pal also said that he had decided objection
O. BJ Jdse SiasF conscience or because you think it is not
IKE GlowFe hd foe opinions rejected: Michael
BeB John P-ee, George Walsh Benjamin H. Lambert and
Ls Lon sewing machine Fourteenthst said that
the uc o. Ia fnSours esaatGn during which ELECTED
be bad impressions as be did not credit the news
q iBv Judge sturCan yo that have impression 70
froiae,l desth A. do that could
fs Ie5i ~ bat; il is point mental philosophy that never
s.uii,d DO not exactly understand it, ,.
q III. simple ard the simpler the mind and the more single
the answered nave YOU eu hear Iu
sn aas l the guilt OF innocence Of Foster The prisoner
A II impossible to answer that 10 lot think
Have VOC an Or Impression you sit here unswOrn as
re o en sit bore to-day Of any bias Of any descp
ton ether against the prisoner A. No sir l. . M
Juca. C.IVin sgu.fed his willingness TO accept MI:
IrOn but the defense challenged him peremptoy ana
- Fycderiek c. Werner Solomon E. Clifford and George
W Koch were succcs,iyey called aud rejected having
4 rmed opinions. AdOph Truchsess was subjected 70
long ou and al the end OF II, after having beeh
found qualified by the tiers, TO peTemptOry ehaehge
by the defense. -, r., ,,, ,o,,so |
said he had strong impression not au.Ouns fiinf
To an opinion; had CONSCIENTIOUS scIupies HgalhSC
attn but opposed 10 capital punishment as maj
ter policy; would rather not sit on jury ana uy
cause involving human lie, Du WOuId ueoIue aocoiu
Judge Stuart then challenged him TO the favor.
Judge GJryin held 10 his challenge Tor lnelpd cause:
Judge CardozJ decided that the challenge was not |
sustained ana that the man was competent 10 SIT DIS
Under the challenge for favor. the following was
M Judge stuarFron all ,t you have hesr real and
bsy the guilt innocence Of Foster, the pnsOn
O. . Jude q ru-Tat mr.oa entirely, YOU say
from reading Tie PaTen and conversations with other persons A.
O Have you read anyng atou, Ms easeo the Investigation before
hg C9png,i A. h1,e-,Le EIoe ihlsI J., - ., ;, ,h |
evidence in A. As fr tie impression have would a.!
DO you linz eo1i Juror 81, and hear The evidence ard
ton allowed Ercepuo A. DO Lot know hardly whether could
g.y. Won now you usvorn against the
NJ oprr Which tus woah adect v e tbs easel FOB
dto An gei except o.. Sgas A-e mile e'lene to wipe
@ Are you at lave got bias i0r OF against this mani
sane question repeated A think not
judge stuart objected % the quesons on me ground
tbgf they did not relate directly 10 the question OF the
Of the prisoner touching the lhdlct-