The New York herald., 1871-05-19
THE PUTNAM TRAGEDY.
Fourth Day OF the Foster
Trial.
Ths Panel of Five Hundred Exhausted and OulV
Eleven Jurors 0btained-A New Panel
OF Two Hundred Ordered

in an endcavor to obtain the requisite number Of
Jurors i'm the Foster trial. The result was the
hauson OF the panel after one O'Clock and tho
addition OF two jurymen. This still left one chair
vacant, ana the court was adjourned until this
morning ut halfpast ten O'Clock. in order that in
the meantime 200 more iurymen may be snbp6-
naed with the hope that from them one eliglbe Juror
may he obtained for the trial
Shortly after ten O'Clock Judge Cardozo took his
seat the bench. In consequence OF the
faithful carrying ont OF the order that
none bur Jurors should he admitted. the
court at that time was only partially filed District
Attorney Garvln was In his place. and also Mr..
Bartlett one or the counsel for the defence. About
twenty minutes past ten the prisoner arrived. his
hands wearing the usual shackles and accompanied
by the same gentlemen VINO have been with him to
ana fro al the TomDs on each day OF the trial. The
trio rerel to their corner, and after Fosters hands
had been released he took his seat between the two
deputy sherlfrs. Az halfpast ten O'Clock his leading
couDsel exJudge Stuart, arrived, and the court was
opened Foster taking his seat at the table on the
lett or eX-Judge Stuart.
Mr.. Henry Vandervoort put his ballots In the box,
turned the wheel OF that very simple but important
piece Of machinery, and proceeded to announce the
names
REJECTED JURORS.
william II. Palmer, Minor NJ Smith, Samuel Levy
and Charles Langenbach all went through the
stereoiyped cruclbe OF examination as to their
opinion on the case and We're rejected after the an
swcrlng OF the hrss half dozen questions.
TENTH JUROR.
Mr.. Francis J. tioOp, dry go0ns merchant, OF 81
White street, an Amercanzsd German. His
speech betrayed the accent or the Fatherland, but
his features were chseed In that narrow, sharp
mould that ~ SO peculiar to the Yankee face HIS
answers 10 all The questions Indicated con-
siderable intelligence and cOnScienti0usness.
He manifested no desire to be sworn the jury, but
II was clear that he did not intend to equivocae IN
order TO save himself from this service to the people.
| lie was challenged by she prisoners counsel ex-
Judge Stuart and in reply TO the questions put him,
said that he mad not formed an opinion as to the
guilt or innocence OF the prisoner; had read the
ings Of that court during the last few days. under
stood that the murder was committed with an iron
or wooden hook and that the blow was struck by d
man named Foster, and that 1t was a foul deed. He
ud not accep, the conclusion as to the founess OF
71bne OF Tuesday last IN reference TO this case had
read IL IN tnat court room while waiting for his
name 10 he called. He did not adopt the facts Of
that statement. lie thought the criticism was very
sharp. The circumstances OF the murder had come
to MS knowledge so vaguely that it would be mpos-
sIble for him to form an opinion. All that II had
done was to convey an Impression that murder
had been committed
Ex-Judre Stuart-Acceptng the cIrcums ances as
you know them AZ being correct, what would be
your opinion AS TO the crineY
Mr.. HOt0p-In "a casual way, that a murder had
been committed. have not read good anu cir-
cumstantia account oil the occurrence.
a very Intelligent gentleman. and consequently,
being Intelligent, You are good lawyer. DO you
understand that mere killing per sc implies mur.
dery
Mr.. Hotop-No, sir
Ex-Judge Stuart-fou can take MIN, Mr.. District
Attorney.
Garvin Mr.. Hoop said tnat he had no conscientious
scruples about finding verdict OF guilty In which
the sentence wouli involve punishment Of death;
had been engnped IN business seventeen years: had
prisoner or the late Mr.. Putnam or their friends;
had not formed or expressed any opinion a. 10 the
guilt or innocence Ol tue prisoner and his mind
really clear from all prejudice for or against the pr
soner with regard to the guilt innocence OF Foster.
In reply TO Mr.. Bartlett Mr.. HOtop SAID that he was
not prepared TO answer rs 10 whether the crime the
| prisoner was guilty or n guilty OF any, was murder
! or manslaughtcr, but would be guided entirely by
/ the evidence.
All parties concerned expressed themselves safis-
fed with Mr.. Iiotop. anh the challenge was with
drawn by fhe prisoners counsel. Mr.. Holop was
then sworn as his Juror; aud proceeded TO occupy
morning was encouraging, aud promised wen FOR
the speedy hling up OF the remaining two chars.
JURORS SET ASIDE.
H. W. Blankmeycr, william X. Bell. Joseph A.
vosc, Nathaniel j. Burchcil. Felix B. strauss Ste
J. Cocsren Norman l. Niver Ferdinand 7. iiop-
kns Charles w. ShOrtImgc, Simon Mack. Alexan. :
der Menzles Thomas Mnrtha. Alfred y Beacl Ed
ward w. Currcr were all summary rejected
much TOO Opinl0nated.
Mt. Theodore q. CoIse appeared from his answers
TO the long series OF questions to he suitable Tor
Juror but after acceptance by the tricrs he was
perenptorlly challenged by the prisoners counsel.
r..
and John NJ Undcrhll were rejected ~ unsuitable.
Samuel Rosensteel merchant aos Cana street.
had formed impression IN the case, but not
opinion. After short examination he was rejected
by the Judge
William Ward, Morris kintznger, solomon Rich.
John IL. Hail. Jonn W. MuDroc, Joseph N Collins,
Pnllip hooler John & y Lien hend,icAson Henry % Maron-
Persuhn, Thomas }. Welies Moses Mafgcs and
Solomon Nigel
Mr.. Abraham BIGGER, house agent. was the last
name called, and the last ballot in the box. lie WAS
subjected to severe examination, and he was
accepted by the tr1ers The District Attorney per-
cmpiorily challenged and Mr.. BIGGER Withdrew.
This was at 1888; there were SIN about two hun
dred ballots which contained the names Vi jurors
whose names had been called who were unable 10
be present on the previous days or had been
excused These were put into the ballot box again,
and the following gentlemen were examined as 10
their competency and rejected MIR. William Heller
and Mr.. Alexander n. Houghton.
THE Ei.EvENfH JUROR.
Mr., George X. Chase. no resides at No. 3ig West
Nineteenth street. was man OF Fals'anlan propor-
tons, large. round head, dark features, and. win
the exception OF u weligrown black mustache,
face that Is entirely smooth. In reply to Inquiries
ne said thai he was formerly proprietor VI the
Stevens House, that lie had formed no opnlen as to
the crime, and had no CONSCIENTIOUS scruples IN
finding verdict where the punishment was death,
and that ne could try the with fair and I'M
partial mind. Tie had not read The evidence at the
COrOners inquest. He should be entirely governed
by the evidence that was placed before Iiim as to the
character or the crime.
:. The challenge OF the defence was Withdrawn ana
Mr.. Chase was sworn. He went to the box, and ad.
miraDy llled the eleventh CHAIR.
MORE REJECTED JURORS
George w. Bruce, Alien ID. Bailey. George W.
Delavergne. william +. Godfrey, John Elchorn,
George ". Wilson, Henry r. Campbell aud Eugene
y. Sanger rejected for the reason that had
caused the rejection OF their predecessors.
TINS exhausted the panel Three hundred and
nftyone jurors had answered. 10 their names and
eleven had been selected.
Ex-Judge stuart took an objection 10 the ordering
OF another panel, but II was 6verrued by The Judge
and for them TO be summoned TO be In attendance
this morning at haLpast ten O'Clock.