The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-25
Tile CAR HOOK MURDER.
Conclusion Of the Trial Of William Foster for
the MHrder Of Avery D. Putnam.
JUDGE CARDOz0'S CHARGE.
The Case Submitted to
the Jury.
Scenes In Court Waiting for Verdict
The Jury Locked Up for the Night.

Scenes In Court Waiting for Verdict
The Jury Locked Up for the Night.
The excitement Of the public consequent on the
Foster trial seemed to culminate yesterday. The
corridors leading to the court were crowded nj an
carly hour with excited applicants tor admission.
At ten O'Clock the doors were thrown open and
ladies' ana those having business with the Court
were admitted. A larger number OF ladies were
present than on any other day, and among these
were several lends of the prisoner.
Mrs. Foster and her young ana interesting family
occupied seats in the front rank OF the reserved
space Mrs. Foster was closely yelled and the
children appeared as Obvious as yesterday OF tho
momentOus consequences OF the event of the day,
as far Us they were concerned.
Precisely at half-past ten O'Clock ex-Judge stuart
entered the court and took his by the side OF his
unfortunate client At this time the court was
crowded to the doors and as many persons HAD
been admitted as the room could accommodate SO
determined the desire OF those outside to obtain
admission that, during the speech OF the District
Attorney. there was more than one Interruption,
caused by noisy camor and alteration Of the out
slders with the police at the doors. To avoid re-
petition OF this Judge Cardozo before delivering the
charge requested that all persons desiring to retire
would do So and that no person during the time
gress or egress into or out of the court.
The proceedings, up to the time OF the delivery OF
the case to the jury were characterized by solem.
nifty ami order that was very awc-inspring and
which appeared to have its effect upon every person
IN court. 1t was noticeable that Foster maintained
the characteristic absence Of feeling that he has
shown SO remarkably throughout, not only during
the last few awful days, but ever since he COM
mitted the crime Among the ladies were several
who mad known him many years, and
they all said that kinder hearted, considerate
man, and more sensitive man, was seldom met with
when sober; but that when he was overcome with
''drink" he was as though he were possessed OF
devil During the delivery of the charge he paid the
closest attention to the uterances Of Judge Cardczo
but his c0untenance was utterly blank In the ind-
cation Of any sign that the Judge was summing up
either for or against him. lala.ss
CONCLUSION OF THE DISTRICT ATTORNEYS ADDRESS.
The District Attorney In continuing his address
from the previous day. took up the thread OF his
argument as to proyocaton and said:--
II man Kills another without any provocation The
law implies malice 1t Is the premedlrat,on 1t Is the
design That is necessary IN order to constitute the
offence q murder. Now, gentlemen, was there any
used no insulting word. Yet despite OF all this
offence The prisoner don't explain this aet There
are no persons but the living witnesses, who saw
the condition OF mind of Foster it was right that
the Jury should remember that two hours after the
whas he mad done. At the depot, when the two car
conductors were writing the report OF the assault
a a up an me e TSS s
ESser Or knew tha h 1axer sna
drivers hook, and he said to the driver when he got
to the depot, "Let us take drink and they took
two drinks together It was without proyocaion;
The evidence Of all Is that he resolved il In his mind;
o. Y re IN II he WsnS round ro tine
bcnind and he Is therefore fairly responsible for his
CONDUCT II this is not SO. farewell TO the projection
own snG such Criminals can
stalk abroad and go unpublished. Was the Jury sat,
G s the
blow, knowing what he was doing and did Mi. Put.
ss e e % 81 ts Sea Of
evidence Is true. Now the defence have fallen back
upon good character The District Attorney then
tation and character were beyond dispute.
The Doctor rolled IN his carriage, went
happened, though Dr. Parker had entered DR.. Web.
sier's house and never came out OF It alive. Chief
avail Dr. wooster, and although after written
fesson he begged ne might be spared feons grave,
feons grave su he Went Now good Character viii
not avail this prisoner. Now, what had THIS man OF
gooo character done when he saw Mr. Putnam In
saying not one word OF sorrow: he showed the same
hard Indifference he has shown TO the last In clos
ing the District Attorney urged the jury TO be frm
aud TO allow nothing TO influence them In the doing
q their duty. Whatever be the consequences let
that duty be DONE ave are on the western side OF
NE, and when You and shall see the great white
throne shall be called TO account for the deeds done
IN the body. and when on the black river we mad
all to cross over. we and all our friends, all our
children, our country, may have the satisfaction Of
try. to our friends, to our children, and when we
hear those heavenly bells ringing that bid us well
come TO higher and purer place we may Know that
In a mr.
have done our duty"
JUDGE CARDozos CHARGE.
At the conclusion OF District Attorney Garvin's
remarks Judge Cardozo charged the jury rs fol.
lows
Each of the counsel for the prisoner has submit
ted to me certain requests To charge, and snail
take them up In their order First as to the requests
submitted by Mr. Bartlett charge the first that the
law Of murder as II formerly existed IN this state
30 far as It adjudged from the mere act OF killing.
although 1t could not be proved that the same was
done Of malice afOrethought, has been repealed. I
charge the second as the law stands now the kill
ing OF Q human being without authority Of law ~
degree, manslaughter or excusaDle or JUS
tihaoe homicide, according to- the facts
thlrd-l Is exclusively within the province Of the
jury to pass upon the facts ana circumstances,
Indictment for murder IN the irst degree the jury
may ind verdict OF murder IN the second degree
Eg any a Ss aVe se ro
the evidence as to what degree OF guilt TO convict
OF II is their duty TO convict Of the lesser degree.
i charge the fifth-Morc Is necessary than
q blow with an instrument likely to Kill
10 constitute murder In the first degree.
there must be Intention elaboration, premedita-
ton. charge portion OF the slxth--To constitute
murder IN the first degree the jury must ind not
only that the prisoner designed TO Kill his victim,
but that It was q premedated design. decline to
charge the rest OF It, charge the seventb-ln de-
tcrminlng the intent, as In determining any other
question: tho jury to take INTO consideration all
the facts and circumstances OF the case and 10 JUS
tfy them In finding verdict OF murder IN the first
degree the evidence not only OF an intent 10 take
liie, but OF Drenicditati0i, must be such as 10 ex
clude from Their minds to a moral certainty every
Hypothesis but that OF this highest degree OF crime
ldecne 10 charge fhc eighth-I decline 20 charge
the NINTH ] charge the tenth. Although deadly
weapon was used 1t Is question OF fact Tor the jury
60 determine with what intent IT. was used. de-
cline to charge tile eleventh. except 80 lar as 1t Is
embraced III my general charge. ] decline Ia
cnarge the twelfth. l charge the thirteenth.