The New York herald., 1871-05-23
TUE PUTNAM TRAGEDY.
The Trial Of William Foster l0r the
Murder Of Avery D. Putnam.
"A Jury Obtained and Rapid Pro-
gress of the Trial.
Testimony Of Mrs. Duval and
Her Daughters.
THE PROSECUTION CLOSED

newly empaneled jurors and those who were more
or less connected olciay with the case Foster took
his usual seat besi,le his counsel, ana atentvely
watching him were his vile ana children.
Tie ballots OF the empanelled jury were delivered
TO the Court, and after short delay the nrst name
was called and not answered; the second name was
promptly answered to and the sequel proved him 10
be The right man in the right place.
The name OF this gentleman was
MR. JAMES DANIEL.
He looked like man who knew what he was talk
ing about lie said that he had no epnon as TO tho
Had not spoken about IL outside OF his family
In reading the accounts had formed no opinion as
10 the guilt or innocence OF the prisoner.
In reply to District Attorney Garvln he said that
nc had no conscientious scrnplcs finding verdict
where the sentence would be death.
Ex-Judge Stuart withdrew the challenge for prlE-
cipal cause and proceeded TO challenge for favor.
Mr.. Daniel. In reply to Inquiries as to newspaper re-
ports, SAID that he did not believe half he read IN
she papers nor nalf he heard. From those accounts
ne had formed impression as 10 the guilt inno-
cence OF the prisoner. lie mad not much
faith even IN the narration OF the
actual facts az related 10y the papers.
Assuming the narrative TO be true, he had doubts
both as 10 the guilt and innocence OF the prisoner
He would require some evidence to dlspel them.
In reply to the District Attorney he said he had no
acquaintance or connection with the prisoner and
his friends deceased ana his friends or counsel on
either side and their friends. He had bias for or
against the prisoner. lie could deliver an impartial
verdict.
Mr.. Daniel was at once sworn. Judge Cardozo,
after the uryman had taken his chair said that all
Others who nad been summoned to serve on TINS
Jury might consider themselves stharged ana need
not remain In court unless they desired to do So
This announcement was followed by great exodus
Of spectators, and the opening OF the trial was de-
fcrled for a few minutes until quiet was obtained.
OPENING OF THE TRIAL.
District Attorney Garvin said:-Gentlenen or the
Juryit gives me great pleasure 10 see those twelve
seats Hlled 1t has been source OF great anxiety
70 me- taking, as did, into consideration the deep
feeling ana anxietics that were around this case
that we should have In the jury box tweyenelligent
sensible, lcar-headed men who arc acquainted with
the ordinary transactions or human life. You nave
been mixed up with The difficult business AFFAIRS Of
life; many Of you have fulfilled the duties or life In
All Its relationships, domestic and otherwise Intel
ugence and ability is needed to clearly and to
comprehend also the facts that will be presented
for your consideration by the witnesses all those
relations that bear upon important cases OF this de-
Bcrption. Now IN this cgard good deal Of comfort
may be derived when see the way with which this
jury has been empanelled and the very large nun
Der Of men that have been gathered together for
tnc selection OF twelve suitable Jurors. 10 not
with disposition to take advantage OF tho position
that tho law allowed them that the defence mani
Tested such pcrtinacity In the selection OF he jury
but rs entirely the result oil anxiety for their cen
and which made them zcao us III taking every legal
right TO oppose those whom they regarded as UNA
vOrablc. desire on to remember gentlemen OF the
IuIx for IN tbis case IL Is very important-mpOrant
10 the prisoner and vastly important TO the people
that you are twelve men selected BY The prisoner
ana Iis counsel for the purpose OF trying him.
90 not complain OF this; they have The right to IL the
law gives II them. The prosecution has only five
challenges, OF which only three used. The
defence has twenty-two challenges, OF which SIX
Oerstand this, 80 that no prejudice should arise 10
the prisoner ard none to the people, by this course
Gratified at this result, and that we have now
before us twelve gentlemen IN the jury
box 50 wen & qualified 10 hear n.n evidence ra. IN
capital cases before, Gnd there are some Of you
probably who never have. have had to thank God
onlce now have tie honor to hold, that the respon-
sibiIty Of giving verdict does not rest with coun
b. likely TO remember to your dying days but 1t is
also responsibility that involves the problem OF
thc lives aud liberties Of the people, and you
are bound to take into consideration that You
arc, as jurymcn sthc responsible agents OF great
tne verdict thai viii be rendered 10y YOU. The Dis.
trct Attorney then proceeded to give succinct and
clear statement OF the facts as sworn TO In the fol-
lowing evidence
The first witness called was
MRS. PUTNAM,
who, attlred in the deep mourning OF widow. took
her seat on the stand closely yecd. She wept very
bitterly and the Court waited few minutes whilo
sue recovered from her emotion. Mr.. Valentine
onereu her glass Of water and after slipping little
she recovered sufficiently to attend 10 the Inquiries
Judge Stuart-We have no desire, very, very far
from Ii, that this lady should he placed on the
Sta'd an. tnat we should have the pain OF witness.
tng her sorrow. We nave no desire to harrow the
feelings OF thus weeping widow by bringing her here
TO testify We admit All that she can prove, and
That may be proved ny any other witness
District Attorney Garvln-I VIII only ask yon two
Or three questions. Are you the wife OF Mr.. A. ID.
Mrs. Futnam-I am; vas present OF the time OF
bis dcath; he aled at ST. Luxes Hospital on Satur-
Judge Sluart-Were you acquainted, Mrs. Putnam,
with Mrs. DuvaiY
Judge stnart-shc never visited your family'
Mrs. Putnam-No, she never did; she never visited
my family.
MRS. ANNA puvAI.
lady OF blond style of beauty, with very pre-.
possessing appearance fashonaUy but neatly at
sald:.-l reside at ,62 broadway, on the evening OF
the 26th Of April lett my house In company with
TO nine O'clock; we took University place an
%y ars,sr a was Who S %as my ayeu. WAY
Singing practice At Inc Charcn OF tho Xdycnt; Mr.
Avery d. Putnam ana ny daughter were with me:
my daughters name is Mabel Virginia Duva; when
we got In the car there were several persons IN; 1
think about fl,e OF six, one OF whom was boy
VIXEN the car was gong up. think sixteenth or
cSr;; Mr. Pulnunl and md I ,, were taking about
tie weather and tho new buildings; the car
1wcnty-slxth or Twenty seventh street we were
talking about tho buildings; hc said, "Lennie have
You seen the clock 2" my daueh;er's attention was
called to the clock and she went out or the door OF
the car; MIR. Putnam said that there was new
clock at the Gilsey House; ] also went
30 the other side OF the car to look at
Nolmbold's new store; as | sat down man
looked In at tho window; the driver was on the
car and there was another person standing ut his
side; he called the mans attention TO her and saw
the man looking ana snceriDg at my daughter;
puea thc door 10 and SHUT tho door, drawing 1t on
bno side; my daughter told me That there were
some rude men on the platform: the door was again
thrown open and the man put ms lace 10 the doori
Gr. Putnam; | afterwards identified hun at the
Coroner's inquest; the door was thrown open q
third time auu Mr. Putnam got up and said ~ VIII
mot allow these ladies 10 be insucd;' Mr. Putnam
then went outside ana held the door with his right
panI; his right hand was behind himi ne expostu-
sateu with the map, apd TO tnc prisoner FOstcrl
said "a have paid i've cents FOR a scat and am
gong TO have III" he then stool by tne edge OF me
daughter aud al the hacn che wa sllinn hni lhcre