The New York herald., 1871-05-05
there is great deal OF feeling no matter OF what
PERHAPS PASSION,

PERHAPS PASSION
abroad I'm the community in reference TO this MUIR
der and that IL Is due not only to the common and
ordinary administration OF public justice that a
little time should eapse before this trial should be
moved ara It is due to the rights OF the prisoner
that the fever and the feeling II may use such an
expression, should subslde and in truth have what
the law guarantees to him--a fair and impartial
trial in o community where there Is
NO UNDUE EXCITEMENT
no extraordinary feeling or fever-as there Is at
present IN the city, with regard to this mater Let
the case stand over Tor the present am content to
try this prisoner before your Honor al the present
term 0f the court but let II 20 for the present
without liking day, for some considerable num-
ber OF days. until he can have time TO select or his
friends for him, such counsel as may in their udg-
ment best serve his interests until he prepare
his defence and canvass such Incidents, facts and
circumstances as may serve him
IN HIS HOUR OF PERIL
here, anu provide to the best OF his ability and IN
all fairness and truth and justice, such defence as
In the Judgment or his counsel shall seem wise and
proper. ask your Honor not to fix any day. Otner
counsel will be employed with myself. lie VIII con:
justice ana in good faith and. as wen for the In
terest OF the public at large AZ for this mans
Sas excee as asee poa ay shall be
present term OF this court and be before your Honor
This IS fair It is earnest 1t Is sincere y IS due to
In conformity with the practice Of this Court. IL
does seem to me to be proper Ia every sense, both
for the people and IN respect to the prisoner at the
bar.
Judge Cardozo-I shall always see that neither
pre1udice nor passion nor the influence OF public
court before me. Something Is nevertheless due to
PUBLIC OPINION,
80 far that the prisoner shall receive fair and
impartial but prompt trial in respect 10 the
charge with which he is accused. have no appre-
hensi0n that
PUBLIC EXCITEMENT
can In any way enter into or affect the actlon either
Of the Court or OF the jury. think 1t Is necessary
that time shall be fXcd-a reasonable
tinle-one which will enable the prisoners counsel,
80 far as they are able to make due preparation for
the trial, but which shall at the same time satisfy
everybody that II innocent he may be acquitted and
II guilty properly convicted think 1t my duty to
set the case down for q day, and 1t seems 10 me
under the circumstances week will be sufficient ia
enable him to prepare satisfactorily for the trial OF
the case. Will set the case down
FOR THIS DAY WEEK,
at which time we must proceed peremptorlly and
In order that there may be no delay about IL | de-
sire that an order he issued for 500 additional Jurors
for that day.
The District Attorney then moved that William
Foster be committed without bail.
Judge Card0z0 to the clerk-Take down that COM
initial
the prisoner was soon afterwards removed from
the court but no one else was allowed to stir. The
usual crowd OF rougns, however. met him on the
corridors and followed him, as on yesterday, to the
door OF the TOmbs,