The New York herald., 1871-05-26
THE CAR-HOOK MURDER.
OF THE JURY.
Foster Found Guilty Of Murder in
the First Degree.
Scenes in CGUrts=-.ho Sentence oi
Death Deferred Until To-Day.

At the assembling Of the court yesterday to re-
ceive nom the jury any communication they had to
make there were as compared with the previous
days, very few persons present There " as gen.
eral expectation that either the day. the best part
of It, would be spent In waGng for the decision OF
the jury. and consequently there was considerable
listlessness and indifference about the preliminary
proceedings. About balf-past ten O'Clock, and be-
fore the court was formally opened. there was
whispering that the jury had agreed.
The deputy snerifYs began to clear the
passageway for their entry and to re-
move the gentlemen who had Tor the nonce
occupied the cnairs of the jurymen. BY this time
there was noat,ng about, from one to another,
rumor that the verdict was known. and 1t seemed
to be generally understood that 1t would be murder
in the first degree. It was clear that whatever the
rumor of the verdict was that 1t was not received
with much satisfaction by the prisoners counsel.
Judge Stuart and Mr.. Bartlett held Q short and
solemn conference together. with expressions Of
sorrow and disappointment clearly depicted on their
countenances. At its conclusion Judge Stuart went
to the bench and had q long talk with Judge Car
dozo and the District Attorney. Foster, accompa-
MED by Sherlr Brennan and two deputy sherins,
shortly after this talk mad concluded entered the
court. He had been told that the jury had
agreed upon verdict. but he came into
court with q smile on his face, bid his counsel
"Good morning." and took his seat with frmness
and quletude. 1t was whispered into his ear what
the character of the verdict was supposed to be,
but ms countenanCo underwent no change; not
muscle moved. HI passed his hand ever MS fore
vousiy and moved the fingers of his left hand with
q beating. Of-time movement that seemed to snow
tnat he was controlling some inward omotOn: HIS
eyes turned to the door, and he seemed to be Dusly
occupied with his thoughts Judge stuart watched
all this with some anxiety, and then whispered
something to him which seemed to act as O. re-
a q mOmcQL
appeared 70 be on the limits OF ITS
tension Fosters wire who entered the c3ur. very
usual seat in the space reserved for ladies' she was
accompanied by o lady friend, and was closely
siderable emotion, but controlled herself with all
the endurance that Is CHARACTERISTIC OF her sex
way. and the court resounded with her shrieks and
sobs
When the prisoner had been seated a few minutes
they had had night without their usual rest and
with considerable anxiety on their minds.
After answering to their names the Clerk said
"GentIemen OF the Jury, have you agreed upon your
verdictW
The Jury and the prisoner rose at the direction OF
the Clerk.
The Clerk-How say you, gentlemen,
Mr.. HendricksOn-We fnd the prisoner guilty OF
murder In the first degree but we recommend him
to mercy.
tnuance or sobbing that was very distressing. Mr..
Martin and Mr.. n0agland, the second ana third
jurors. endeavored to control their emotion, but 1t
was failure. They were vlsiby affected, and tears
rolled down their faces without let or hndrance.
Judge stuart asked that the jury be polled. Each
Juror returned the same verdict as given by their
foreman.
Judge stuart then asked that the jury be inquired
OF as TO whether this verdict was not the result OF
Judge Cardozo The verdict Is recorded, and no
inquiries can now take place. The jury are dis
charged
Judge Stuart then referred in very strong terms to
the crimclsm OF the press on this case and con-
cluded by moving the Court that criminal action be
taken IN reference to an editorial In one OF the
morning journals published yesterday.
Judge Car0Z0 In reply, said tnat he did not think
1t necessary for the Court to take any action. The
counsel for the defence had discharged their duty
with great zeal and ability, and no prisoner on his
trial for life could have had intelligent jury.
Judge Cardozo-1ne Court w,ll take recess until
tomorrow morning ct half past ten O'Clock, when
sentence Will be pronounced upon the prisoner.
Ii was then agreed by counsel Oh each side that
the motion for the arrest OF Judgment should be
argued this friday morning ut half-past ten
o. clock.
Foster was then removed from the court, accom-
panied by Sheriff Brennan ana two of his deputies.
He was fol owed by number OF the police and
large crowd.