The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-07-06
TIE PUTNAM MURDER.
Application to Judge Pratt for . Stay Of Pre-
osedings in Fosters Casa Memorial
to tho Governor for Cemmu-
tation Of Sentence Of Death

An application was mado yesterday morning by
ExJudge Stuart for writ OF and stay OF pro-
ceedings IN the case OF William Foster the con.
victed murderer Of Mr. Avery d. Putnam. Foster il
under sentence OF death, tho l4th instant hsv-
ing been appointed for the execution. stay OF
proceedings has already been refused by the courts
In New York, but Judge Stuart In his ef-
forts In behalf OF the prisoner, determined
to appeal to the Supreme Court OF the
Second district, and the argument took place yes.
terday. In making the application he said-I apply
TO your Honor, upon notice to District Attorney
Garvin for writ OF error and stay OF execution OF
judgment in the case Of William Foster who was
tried and convicted before Judge Cardoso. In the
city o! Now York, some weeks since. OF murder In
the first degrees. l have applied to Judge Cardozo
for this writ and stay, but he has denied It, l ap-
Piled also to Judge Ingraham but he refused to en-
terrain the application. as he II one OF the
judges OF the General Term. and would have
70 pass upon the various questions involved
Tor me to maze application to them. come pro-
perry, then. before your Honor asking that this writ
Foster was convicted OF murder IN the first ocaree.
In striking man over the head with car hook.
justified by the iacls. The crime was not murder in
the first degree although the jury did renaer such
prejudice, accompanied With a Recommendation to
mercy and Is lnaiy OF them now declare they wOuld
moi have brought in the verdict unless they mad be-
the prisoners life to Oe spared. ms was MAJ er
which was discussed in the Jury room. The FACTS
90 not show this crime. TOUR Honor may not
have much TO do with that, but these consider
a,ions must have weight with your Honor,
Appellate Court. stay oil proceedings has never
been denied II any case at any time during the his
Colt whose appeal was heard al the General Term,
before the day set Tor his execution and before the
case could he taken 10 tue COurr OF Appeals ne oom
nitted suicide come asking what Is right-what
has never been denied 1t Is the duty OF the Court
to grant the writ aud the stay II there is to
believe there mas been probable error AT the trial.
That Judge CardOzO doileu II Is not unreasonable,
as he passed upon oil these questions at tue rial.
Judge STUART then proceeded to state the grounds
upon which he made the application at length men,
tioning i've cardinal reasons why his application
Fust-Error was committed in that Judge Cardozo,
who Is one OF the Judges who SIT at General Term,
held the Court, OF Over and Tcrlnincr at which
Foster was tried. This pc a. Judge Stuart argued
at great length, saying that the proceedings in the
Constitutional Convention show that the intent OF
the law, as now stands, Is that Judge who sits
at General Term Shall mold Circuit or Court Of
Oyer and Terminer
irregularly summoned. This point vas also argued
at great length. Judge Stuart SAID In substance
day or M on iSuroen
The Court proceeded to business. On the lOuitn
day I'LL these jurors were present. the ballots
an extra panel OF 500 jurors to be sum sum
nionsd. They came into Court and sat there
haustcd, and but two jurors were empanclIed. The
second panel was Illegal "a challenge to the array
wns made and overruled. A challenge to The polls
was demurred TO, and Judgment given against the
pri ,oncr The District Attorney claims that the |
and no: under the Revised Statutes. Tne same
formalltes should have been Observed as required |
by inc Keyised statutes. When the first panel was
mon taesmeu."
Tand-Judge Cardozo committed error in refusing |
IA fad nv nj far 1pn
prisoner, that thoy might consider drunkenness In !!
determining bis intent. In arguing this point Judge
Jury may consider tRe state OF the prisoners mind
and determine whether he intended to kill, whether
he mad tue capacity to form an Intent
FpWth-Judge Cardozo committed error In re.
fusIng to charge that IL Foster Committed tho
crime IL murder In the second degree. TETS point
Judge stuart argued also at great length, citing
Appca,s had msccnstrueI the law as II now EXISTS
FOd-Error was committed III not allowing Eos
ters WE to testify IN his behalf: On .nis point
the Ia pertaining 10 evidence could lie construed
50 a. TO admit the testimony OF wife in hehaI Of
her husband ~ trlai for murder.
Judge Stuart had few otter exceptions, bat his |
Honor could see tlcn Ia the printed case. ana he !
would not take up time by rehearsiDg item. He |
closed with appeal 10 tho Judge TO grant the stay
In mercy. until tile question OF law raised can be !
District Attorney Garvin. for the people, reviewed
the facts o the murder, claiming that Was one OF
the most cold on recor and claimed tbai no
considerations oou Il lie urged In Fosters behalf to at
should have any weight whatever. The legal points
lie also argued holding that they were ali frivolous
and requested hts Honor to read the opinion writ
ten by Judge Cartozo upon the application made TO
HIM similar to the present one, IN which they were
all reviewed.
!udge Stuart replied briefly. and renewed his
earnest pleading for the writ and the siay OF pro-
ceedIngs q matter OF right and justice to the
prisoner. lie a1nited that he should 20 to the
State Prison for lie. that he had committed a
wrong, but claimed that the facts dld not JUSTIFY
verdict Uf murder In the first degree.
Judge Pratt at the conclusion OF the argument
asked why the RDpiica ion had been long delayed
Judge Stuart sud that he mad made every EFFORT in
his power, nut he hal been delayed bv the stenogra
piers and by his applications 10 other judges.
Judge Prat then said tnat ne would more readily
grant the application II the hearing at tile General
Term could soon be had, but the General Term did
MOI meet again In the First district unti october.
Decision reserved.