New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-05-26
FOSTER FOUND GUILTY.

WITH RECOMMENDATION TO MERCY-AN
AFFECTING SCENE IN COURT-ARRAI GNMRNT
OF THE TRIBUNE BY JUDGE sTIJART-A MO-
TIoN FOR STAY OF PROCEEDINGS TO BE
MADE.
Tho announcement in the morning Journals |
OF yesterday that the jury In the case had not
agreed q verdict at o'clock the previous evening
and that there probability OF disagreement hight
ened the public interest and the doors OF the Courtroom
wero bcsieged by much larger crowd than on any pre-
vous day strong force Of police present how
ever and the number admitted was very small. scarcely
sulcing fill the seas act apart for members OF the
Bar At o'clock Judge Cardozo took lis seat upon tho
Bench and soon afterward Dlstrci-AttOrney Gar
win and his Assistant. Col. Fellows, appeared,
and later Judge Stuart and his Associate.
Word was brought TO Judge CardozO from the Jury
about 1890 that the jury had agreed upon verdict and
he directed that the prisoner be sent for Meanwhile
sneouIaton WA rife on what the verdict and the
audience resolved itself ntO groups and eagerly dis
cussed the probabilities. The officers who had charge OF
the Jury were unremtingly questioned By lawyers ana
reporters but very little information could be gained
from them The general impression was tha1 the Verc'
was granddaughter In the first degree.
Az 1o.5 Foster arrived and IL minutes later the,ury
were brought in They looked though they had passed
sleepess night and there were indications that TWO OF
three OF them had crying. As soon az they had
taken their seats Mr. vandevoort the veteran CerS OF
.he Court who has probably recorded more Verdicts
called the roll, all the jury answering present. 'i'
VandevOort then said
Gentlemen OF the jury have you aSreed upon
The Forcm8n-We have.
Mr. yandeyoort-G Gentlemen, please rise: the prisoner
will rise Jurors look upon the prisoner Prsoher ook
upon the jurors What you, gentiemen-do you una
william Foster the prisoner at the bar guilty OF not
gultyi >.-,,.-. , .,o.
The Foreman fin clear loud voice. Guilty OF murder
in the first degree with our recommendation to mercy
Mr. yandeyoort-You find william Foster, the prisoner
at the Bar guilty OF the crime OF murder WHEREOF Nv
stands indicted and you further that You recommends
him to the mercy OF the Court. 30 say you aif
All the jury nodded assent
Judge STUART AJAX that the jury be p0lled'
Each Juror was then asked by Mr. yandeyoort II that
WAS his verdict and in reply they all expressed assent
Immediately on the announcement OF the yerdlct MTS'
Foster began sob bitterly affecting the sccohd' tu
and eighth iuryncn to tears Foster dld not maiioS'
a great deal Of feeling, and, III fact from person vi us
annarent dispostion but little could he expected lie
showed some nervousness, and hung his head Ior mo-
ment but aside from that THE TRIBUNE reporter VINO
sat directly In front him during the entire trial. cond
detect nothing indicative OF emotion. Khd-hear'cu
deputy sheriff. who had him in charge showed the more
feeling the two and Judge Stuart his counsel eang
his head his hands burst into tears Inc erect III c
courtroom was profound the greatest quiet prevailing
The silence was broken by Judge Stuart who SAID:
ask the Court inerrogae the jury as 10 whether
or not that verdict not been arrived at upon com
promise, upon a consultation, and upon the condition
that a recommendation to mercy should he made
Judge Cardozo-I decline to poll them in any other
than the usual way.
Judge STUART then ask this to be introduced as a
special verdict.
Judge CardOzo-The verdict is recorded in the ordinary
way The jury are discharged for the term. Take an
order remandlnG the prisoner until tomorrow morning
at 10 O'Clock The Jurymcn left immediately on this an
nouncement, and, after they had gone Judge Stuart
rose and spoke az follows:
JUDGE STUART on TIE CONDUCT OF THE PRESS.
have ~ call the attention OF this Court TO an article
in of the morning Journals, one among huh3 m
respectable and influential journals for the purpose or
bringing before this Court and this community cues
ton that relates to this prisoners rights, bat 10 e
administration Of exact and Impartial JstiGe aonS nd
untrue assaults and condemnatons and denuneatlons
OF this poor unfortunate man prior To ana curing ms o
hour and very of his deepest peril TO see
whether these things may go on IN tne ituLe as .ty
period Of this trial. without censure ana reprOOf IRON
the ministers of justice and the law in this city ana II
they may-wel if they may not. and here and be-
fore this Court and this Judge, Is the time 10
to pray for some action in respect OF them. ask
the attention of the Court TO an article IN The NEW
YORK TIBCNE, OF this morning. Not that tnat paper -
selected than any other Not that this article Is
any better or that have appeared in
other Journals OF equal responsibility and equal niu-
ence but because it fell under my eye but rev minutes
ago and because it ia cOnfesscdy, and, III fact higay
reputable paper, controlled with great ability edited
with great power, exercising very great influence
throughout the entire country, and because WINE IL Is
the first, 1t yet is not the second to any paper pun
lished in this city Ispeak Of the fact aud THE TRIBUNE
because the article has fallen under my eye, ana Il most
at my convenience to allude to. And speak OF tie
article, and in my desire to call attention 10 H. TO
effect prejudical TO justice, reflective on the admst
ton Of the law libel aud scandal upon the ministers
OF the law, ami cruel and unjust criticism upon pubic
justice and its administration IN the community,
know what has slain my client, and think they VINO are
less more deserving less or more uhIOrtae ousht
be protected in against repetition oi the
reputable Journals Of the city WITH indeed one or
two, three, most honorable exceptions ms editor
writes follows lie then read the editorial rom yes
terdays TRIBUNE, headed Absurdities IN our Criminal
Now Sir there is very able article presenting every
consideration that could be possibly urged In support OF
the views it expresses and have chosen to take ts
article "a an exposition of all that be said on the side
OF those who indulge i'll these abuses OF the press az
think and ask this Court whether articles even oI h
character protesting be general in their application
the remedy OF an abuse as they aege may come
into here 10 challenge the Judge, may denounce
jury, may the prisoner and declare he an
and murderer during the progress oil the tla
without some notice. without remedy; whether it
il light whether to be tolerated, whether 1t is fair
and Just and proper that II should be done where law
and public Justice ought to be administered in and
by courts OF Justice alone that such things should hap
pen, at the precise time they nave been III py
this unfortunate prisoner ask that the article which
can be said to be fair test TO raise inc Dues,
| tion-so able, so full Of argument in support OF
the views it pretends to enforce-may nov, now
be regarded a. Js' ma ana upon those more cSn"
and abusive and more personal OF greater INJURY III
the Court move this Court for contempt
the author OF this article for that prtud
Judge reflective upon the administration OF justice
cruel and wonton criticism upon jurors ana upon these
II jurors abuse OF the rights OF pubic journals IN
matters Of this kind, and especially when INDUCED IN AT
period serious and OF such grave Importance To an
accused as Is the case In this instance
Judge Cardozo-I do not think It necessary that the
Court should take any action upon your request SO far
as the administration OF justice is concerned these art
Giles practically powerless. Never have his counsel