The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-05-26
NEW YORK.
The Foster Murder-Guilty OF Mur'
der I'm the First Degree.

all night the jury in.the Foster case
came into court to-day with the YER
dict of murder in lhe first degree
and recommendation to mercy. Fos-
ters wife uttered a piercing shrek and
tainted, while he stood calm and un-
moved. Some of the jurymen were IN
tears as they gave the verdict. The
prisoner was remanded to the Tombs
to await sentence, which will be pro-
nounced tomorrow.
After the jury in the Foster case were
discharged, one of the prisoners counsel
arose and said he desired to call the at
tention of the court to articles which
appeared in the Tribune and other
morning papers, which related not mere
ly to the prisoners rights, but to an
impartial administration Of justice. He
said l.refer to to the wanton, unjust and
untrue assault on, and condemnation of
this poor prisoner long prior to, and
during this entire trial. More especial
ly on this solemn day, in the very hour
and at the very moment OF his deep
est peril to see that these things will
be allowed to 90 on without censure or
reproof? | now make motion for
the arrest ofthe writers Of such articles
Judge Cardozo replied that he could
not entertain such a request as he did
not think that the articles could have
any effect on the jury, as they had
been cautioned against mlndlng any
thing but the evidence.
The announcement that the jury in
the Foster case had brought in a yer.
diet of murder in. the first degree, caused
much excitement in the streets to-day:
The scene around the Court House ana
City Hall was especially exciting. Null
titudes of people convened there, engag-
ed in exciting discussions. The gene
raj sentiment seemed.to be pretty evenly
divided in favor of and against the YER
dict, with the majority if any, in favor
Of condemnation.
Betting on the Result of the Foster
Trial.
A large Hvmber of sporting charac-
ters who were disappointed in conse-
quence OF the prize fight between Ed
wards and Collins not taking place,
made the Foster case a substitute for
betting purposes. Wagers were made
with large odds that Foster would not
be convicted of murder in the first de-
gree These found few hackers. The
result OF the trial is quite a surprise to
a large class Of people.
The McNeyins Murder rTrial-Verdict
OF Murder i'm the First Degree.
The counsel for the defense in the case
of VIM. H. McNevins on trial for
shooting Edward Hines in East Six
teenth street on the 9th OF November
last, began summing up this morning
in the court Of Oyer and Termlne er,
Judge Bedford presiding. After the
conclusion of the arguments by the
counsels for defense and the summing |
up bv the District Attorney for the prose.
cution, Judge Bedford delivered his |
charge, and after reviewing the
testimony at some length, he charged
the jury that they could find the pris'
oner guilty Of manslaughter in the
third degree if they did not believe him
guilty Of murder, or could agree TO an
acauittal. In concluding part of his
charge he said punishment, prompt
emphatic and equal tothe otfense must
be dispensed to the evil, for which no
false measure, let il be full and COM
plete. In this way only will the rights
OF the community be protected and the
progress of crime checked. The jury |
rendered verdict Of murder in the first
decree; sentence deferred. The YER
dict produced a decided sensation i'll
court
Fire I'm the Woods.
Yesterday morning fire broke out
in the woods at Waverly, Long Island,
and burned until it reached Lakeland
Both villages were entirely surrounded
bv flames, and men, women and chill
dren labored necessarily to abate the
nrooress of the fire. The heat was so
great that they were at times compelled
to relinquish their efforts. Over one
Thousand acres were destroyed and four
farm houses and barns burned. The
loss is estimated at $4,000. One man
is missing and it is feared he has been
burned to death. Cattle had a narrow
escape, and one valuable Devonshlre
bull was burned to crisp.
Alleged Vote on the Treaty.
Special correspondents state that the
following is understood to be the vote
on the ratification Of the treaty Ayes
Ames, Anthony, Bayard, Boreman,
Buckingham, Caldwell, Cameron, Car
penter, Chandler, Clayton, Cole, Conk-
ling, Cragin, Edmunds, Fenton, Flana-
can. Frelinghuysen, Gilbert, Hamilton
Of MARYLAND, Hamiin, Harlan, Hill,
Hitchcock, Howe, Kellogg, Lewis, Lo-
gan, Morton, Nye, Osborn, Patterson,
Pomeroy, Pool, Pratt, Ramsey, Reece,
Robertson, Sawyer, Schultz, Scott, Sher-
man Spencer, Stewart, Stockton, Sum
ner Upton, Trumbull, Wilson, Wright
80 Nays-Blair, Casserly, Corbett,
Davis of Kentucky, Davis Of West Nir-
ginia. Hamilton Of Texas, Kelley,
Spracue, Salisbury, Stevenson, Thur.
man, Vickers-l2. Paired-Morrill
OF Vermont, Bayard Of Delaware and
blair Absent-Johnson, Brownlow,
Ferry of Connecticut and Sprague. In
this city but not voting-Ferry Of
Michigan and Upton.
weather and Crops in Illinois.