New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-05-16
,,yTpDER BE PUNISHED

III. .r;oI of the street-car murderer roster
hoa.on yesterday. The day was exhausted with
.het endless trihing rendered necessary by the
,rorr.out tradition of the law which requires
that man who sits upon a jury in case OF
importance must previously confess himself
an IDIOT There is probably not an intelligent
man in the Island of Manhattan who
has not formed or expressed an opinion
in regard to the Putnam tragedy;
but if his slayer is ever to be tried, there must
be found twelve men who will swear they have
no opinion whatever about it. 1t is clear that
no man will perjure himself for the opportunity
of condemning Foster 1t is by no means so i'm
possible that men may be found who VIII
force themselves upon the jury for the purpose
of acouitting him. The zeal of several who
were chosen yesterday to make them
selves out The most stupid of knOw-nothlngs
was ominOus. One employee of the Board OF
Assessment came triumphantly through tho
gauntlet of cross-Questions, and was Mt last
accepted by Fosters counsel, who exclaimed
with effusion, "YOu are good man-an honest
"man."
We have not been inclined to hold the evil
power which, under the general name OF Tam
many, misrues and disgraces our City, directly
responsible for the recent outgrowth OF law
lessness which has so startled public attention,
and of which the assassination OF MIR. Putnam
is the most horrible manifestation. Or course
MR. Tweed and Mr.. Sweeny are men of too
much sagacity not to say of remove still too
great from total depravity, to desire that their
tools and hirelngs, as Foster was, should commit
n l,.ir, al IA N
condemnation upon the power which educated
and nourshed them. Nor would we deny even
to him every legal opportunity for full de-
tense and safe deliverance. 1t is difficult to
see what loOp-hole of escape can be found III
the well-knOwn circumstances of this homi-
eide; yet Foster has a right to fair trial.
Only, we insist that it be remembered
that the other parties to this cause, the
People of the City of New-YOrk, have
the same right to fair trial. IT, as has been
somewhat broadly intimated, an attempt is
to be made to enlist the OmnipOtent hand OF
Tammany in the effort to cheat justice Of
its dues, the loss to the prestige of our already
furnished courts and suspected juries may
perhaps be compensated by the effect upon
decent people produced by this association of
corruption with murder. Who believes that
Foster. besotted as he was, would have killed
Mr.. Putnam, but for his arrogant reliance upon
his political Influences We shall see If that
insolent confidence is justified by the result1
We wish, in advance, to enter very earnest
protest against one form Of maudlin sentimen-
tality. to which we are quite likely, once more,
to be treated We protest against the plea OF
intoxication in bar of punishment for any
offense whatsoever. That man commits
murder is a crime, punishable under our pres
ent laws with death by hanging. That he
commits it under the influence of liquor Is an
ageravation, not mitigation, of the original
offense. Such ruling, we believe. Is
not unknown to the Courts; it is, at any rate,
plain dictate of common sense, public moral
ity. and public safety. The man who volun-
tarily brings himself into an irrational condi-
ton is morally and ought to be legally, re-
sponsible for the crimes he may then commit.
Give drunkards license to murder, and you
have doubled the dangers of life in great cities;
besides encouraging drunkenness, and bring
ing Justice to an open shame