The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-25


ID 10 say It could be 80 under the evidence IN ths
case. ,"rhs Killing OF human Sens IN a ane
usual manner Sr. unless 1t Dc committed
under such circumstances as the statutes declare
the second degree.D "The Killing OF another in
the heat OF passion without design to effect death.
oy dangerous weapon In any case; except where
excusable, Ii manslaughter In the third degree"
"The involuntary killing OF another by any weapon
heat OF passion. IN cases other than such az
are declared In the statute TO be excnsabie
homicide, are mansaughter IN the fourth degree.'
This, believe, all the Instructions necessary
in this case, except TO say that the prisoner IS
entitled TO The benefit OF any reasonable doubt
you may enleran-not a fanc.ful doubt,
but substantial. reasonable doubt--and that wnlie
good character may sometimes IN itself generate q
doubt wheth 1t shall apply Ia any particular case -
q question for the Jury. the case gentlemen, with
all Its momentous importance, IS now about to he
HIS lie is involved Deal Justly with him. il is I'M
portant TO the Leople, who need protection from
mirderers; for II lawlessncss be not restrained by
the firm discharge OF their duty by jurors, IN pro.
per the hand OF the assassin which destroys one
fully reviewing all the evidence. and not. combining
yourselves TO the salienC points to which
only ., nave adyer'ed and reme ee p n .as
Oner. you VIII say what the truth OF tins case IL ana
render your verdict accordingly, without fear, iavor
prejudice or parGiallty, unswayed by mere sympa-
thy either Tor the prisoner or his most unfortunate
little family, or for the dead or his weeping widow,
ana then you and everybody must and VIII he salts
fed; for you will have done your whole duty to
yourselves, TO the community and to the prisoner.
RETIREMENT OF THE JURY.
The jury left the court at ten minutes to twelve
O'Clock. Very few OF the spectators withdrew.
Judge Cardozo renamed on the bench, and at ten
minutes to three O'Clock ne announced that tine court
would remain In until nine o'clock that night
anu lfno verdict was returned then the court would
adjourn until half-past ten O'Clock this Thursday
Judge Stuart said that It was within the know
ledge OF the counsel that o communication had
passed between the jury and the Judge since the re-
tlrement, ana II II was deemed prudent by the
Court probably the Court would inform the counsel
for the defence something of the nature OF tnat com.
Judge Cardozo said that there was not the
slightest objection. Counsel was quite correct. The
communication had been received and he had re-
piled to 1t by saying that it was an inquiry as TO
point which he had FULLY ana completely charged
the jury upon, and he did not intend to add one
word more to that charging.
consultation then TOOK place between the coun-
sci for the defence and Judge Cardozo, and the
result was that the Jury we're ordered into court
THE PRISONER
had some time previous to this retired to an ante
room, where his wife and family mad Joined him.
The Court and jury waited for moro than quarter
OF an hour for the appearance OF the prisoner At
without the slightest trepldatlon or confusion at
finding that ne had been the cause OF 80 significant
a. pause.
for the defence, gentlemen, have called my atten-
zion 10 two requests which they presented to me III
conjunction with the Others but in manner not to
indicate that they desired instructions should be
gwen upon them to the jury. They nave asked
that should INSTRUCT you In regard to them. and
add these IN conlunctlen with what have already
said the Jury bearing upon the general subject OF
this case. They ask me to charge, and do charge
you that, although Foster may have intended to
assault and did premedltate an assault, that
Is not the generalization necessary TO constr
tutc murder They ask me to charge, ana l do
charge. malice cannot be inferred alone from the
character OF the killing, nor alone rom the lnstru'
ment employed. say to you, gentlemen as have
said berore you must find, before you convict the
prisoner of murder in the first degree that when he
killed Putnam he did it with the premedltated de-
sign 10 efect his DEATH and have only TO repeat 10
you that You are TO consider all the circumstances,
the character Of the instrument used, the threats
imputed to him. his subsequent declarations the
manner IN which the blows were inflicted, every
thing connected with the occurrence, and say
whether you think when he struck the blow it was
with the intent to KILL The intent to Kill must
and those circumstances must be Judged by you as
reasonable. With these additional Instructions the
jury viii retire.
The jury again retired at twenty minutes to five
r. NJ.
THE JURY LOCKED UP FOR THE NIGHT
AT nine O'Clock deputy sheriff informed the
jury that he had instructions IRON the Judge TO lock
them up for The night. as they were not prepared
TO return a verdict. The doors We're then locked
from the outside, and the building cleared OF all the
anxious, waiting crowd. The room In which the
jury was locked up was liz up, and goodly num-
her or persons were using their spare time by star
glimpse OF a juryman as he beguiied the time By
counting the leaves on the trees In the Park, and
counting the vehicles as they passed up and down
Broadway.