New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-05-25
TILE FOSTER TRIAL.
A NIGHT OF SUSPENSE /

and the case given tho jury who unable, how
evor TO agree n verdict and Mt O'Clock were locked
up for the night in the jury-room 1t was understood
that ten wero favor of verdict Of guilty OF surder
tho other two contendng in favor OF verdict OF man
slaughter
Tie Courtroom was crowded in the morning, as on Two
OF three OF the previous days. and the interest was una
bated TO the last There number OF LADIES present.
Including tho wife OF the prisoner accompanied ny hef
little children The Court opened at precisely lOt WIN INC
counsel on sides in their places the prisoner was
brought in from his cell In the Tombsa little before that
hour and the jurymon made their appearance from their
pIaee OF confinement In the AstOr House at about the
same time
DistrctAtorncy Garvin rose at 0I, and conciaded bis
summing up, substantially as follows:
GENTLEMEN OF TIE JURY When wo adjourned last
evening was aborng under the impression that TIE
same thoughts In regard to this cese wero passing
through your minds that would have becn had not one
word been said on part of the prosecution and that
nothing that could say would aid you IN any way IN
arriving of conclusion except in being able someWhas
to refresh your recollection in regard to TRANSACTION
which think win rest on your memory whe IL shan
last Now, gentlemen, was on that par OF tne caso
which refers TO this Being dOre without any eartnB
proyOcaton and the law is, as VIII show you ny feLtF
cnce 10 authorities that there is great difference Pc
tween my wal drg ont into the Park ana laIilg
a human beings life whom never had
known, who never has injured me, Wiz VIZ
whom have had controversy, and takihS mo ~
OF a man with whom have had guarpet, aid oa ITO TO
quarrel has grown in.o strife, and that stii9 re- F
Gl.ws, and honce resulted in mutual eoiHDat "a 10 and
any rule OF law you understand that as wen as w.
pGre Is no necessity for law CT rules Oh ~" 20 cn re-
the difference between the two cases II IL "a vnI
erred 10 bv NY friend the other SIZE nc saa ~ 70
yesterday, Go not contend, nun h T fbaf frat Is
rife aad shoots another through inc neer 1' itS an
nnt mntlenv IiaL2n CieayeS ahoV CT U,fb wv, o..
Ak runs hin through Win soiGa a ' ia i not
eaw beforehand does II without prONOC'.io, 20 ,o Iii
mrldcr7 We do not go into has declaration S lhI nc "a S%
I've was going TO Kill him. ne never 81" LIN ~ ond
cause TO xiii him; he aid it without H.
therefore il is uurder. "If man ln5 ahoslCr
withouJ any proyoCation tho Law implies, hi.nCJJ'
Tor 10 person oGtv "" Of smcr an act uron
slight or no apparent cause" That is the law, pam ~
this case They never - Tar as we know say eaI p f
before; they never heard OF each other DIT LAW
laid hand Oh tins man; he nsed no 'ed Llngs
giagc, and If be had IT wold ne} nave Jtst.eu tnso
from the prisoner AMI yet WIN az ts IN ia9 noners
mon stand up and ask you to pig3te ts hands
punishment and let him 90 with ms ne III HIS du.
Tho prisoner docs not explain ms oe ac, NE tbis tras
explain 1t, and there Is nobody mere 10 p6 i ~ I'D
action except the living witnesses who sI9Od ny anu
saw IT, Fos.eT knew wbsS no was He selected his
weapon; he announced his purpose; no TOOK ms opPSI
be know what lac doingl Did he plan, reflect con-
trive, Intend Premedate, execute ana 3Yef uis Ir
full blow or blows, WHICH landed this man into eternity
Further, gentlemen, did he remember what he had cone
one hour alter 1t oecurrcG aid he remember what Nc
that drunken quictude spoken OF when nc SAT IN tne se,
pOti tell you lie rcmcmbored, nc Tecoecte nc eieI
r. o mefuorv aud he had in his mind what he had al
ready DONE and the proof Is before you Now, on thiS
part Of Tie cae 60 not propose 70 s sS II wy WITH
out provocatOn; say it was done wlth INTENT pfeeu
What is tc defcnsci They admit it is all true, but
they SOY he drunk For you, as sensible men,
Ak that defense Il disposed OF IN the evidence pey0ha
geneIha | ne eesncs or bo n must not be CON
lecture it not lie dreamy fancy or fancy united
with desire to let man 60 ana so fcTe Ir c S cy
dence which has been introduced ON the part OF the
prosecution There debt that Foster caused the
G in con- OF faen Gpon for tie Sned Of s rrisoScr
but everything cool, clear strong against him. They
reasonable doubt in this case, as if there was doubt
which cou'd hang over, shadow Ike cloud MS prs
GOOD character they lave Right TO p5 that In il s
tue it is TO he considered by The jury Good eharcter
dence is strong and he intenloa was dalibcrate.
Yours list begins Miae Is a duty to perform.
have OF the kindly feelings of man as most men,
stern and ask you simply IN conclusion to be firm;
We are on the western sue b,u it,, o. n ro
and when Won and shall the great White throne.
sS be called 10 an account for the deeds done in tho
body amid crash OF resembling worlds tic rending
o. rocks, and the high rolling black waves that we have
got TO pass through remember that day and at
do duty % Ged to society, 10 our children, TO our
and this prisoner aud wien the final trumpet snail
sound, and shall 10 called trust 10 higher aud
better place trust that We shall ali feel that we have
left no duty undOne-
At the conclusion Of the Disrict-AtorReys address
an opportunity given for persons TO leave the room
Of which many awaited themselves. At ll:l5 judge Car
dozo began his charge to the jury, which is given below
verbatim:
JUDGE CARDOZo's CHARGE TO TIE JURY.
Each of the counsel for the prisoner has submitted 10
me certain requests to charge and shall take them up
in order First the requests submitted by Mr. Bart
lett charge the first that the law Of murder, as it
formerly existed In this State so far a It adudged from
the mere act of killing although it could not be proved
that the done of malice aforehought has been
repealed.
charge the second. As the law stands now, the kill
ing of human being without authority of law is murder
in the first degree murder in the second degree man
slaughter excusabc or justhable homicide according
TO the facts and circumstances of each case.
charge the third 1t usiyely within the province
Of the jury pass upon the facts and ana
ment for murder in the first degree the jury may find
verdict OF murder in tue second degree OF OF any degree
charge the fourth. If the jury have a reasonable
doubt from the evidence what degree OF guilt TO
convict it is their duty to convict the degree.
charge the fifth More is necessary than blow with
an instrument likely To kill to constitute murder IN the
first degree; there must be Intention delDerat0n pre-
meditation.
charge portion Of the sixth To constitute murder
in the first degree the jury must find not only that the
prisoner gned to KIN his victim, but that was pre-
neditated design decline to charge the rest OF II.
charge the seventh. In determining the intent as
well in determining any other question: the jury are 10
take into consideration all the facts ana circumstances
OF the case, and To justify them In finding verdict OF
murder in the first degree the evidence not Only OF an
intent to take life but of premedtaon must ne sueh as
to exclude from their minds TO moral certainty every
hypothesis but that or TINS highest degree OF crime
Idecliue TO charge the eighth decline to charge the
NINTH ! charge the tenth. Although deadly weapon
was used question Of fact for the jury TO determine
with what intent it used. decline TO charge the
eleventh. except so far rs 1t is embraced III my eehera
charge / decline 60 charge the twelfth
charge the thirteenth. The killing OF human beng
without des gn to effect death, III the neat OF passion
but ia cruel and unusual manner in no case murder
or any crime greater than granddaughter III the Seoohu
degree. 49,, .- -. ...ou4,or 81,
/ charge the fourteenth. Whatever the intention OF
Foster i'm assautng Mr.. Putnam may have becI II ~
was not premeditatcd design TO take his life, II mat
tiers not how long the intention had been eertaneu,
does not constitute murder IN the hrst degree, - o..
in behalf Of the prisoner, decline 10 charge Ie Ist
charge the second on this Indlcnen inc !ury ca COZ