New-York tribune., 1871-06-05
FDSTER.S PROTEST.

The murderer of Mr.. Putnam makes an ap-
peal from his cell to the public which we pub
lish to-day. He il not altogether incorrect in
saying that his conviction and sentence were,
in great part owing to a powerful and lndig-
nant public opinion, acting upon reluctant
Judge and jury. 1t seems entirely proper,
therefore, that the public should hear what he
has to say in his own justification, now that
the first excitement consequent upon the muir
der has given time for cooler reflection.
His statement is not without certain
adroitncss and skill The imminenCe of his
danger is not even yet clear 70 him; he still
thinks of escape or pardon. But he feels that
the situation il critical, and The need of ex-
citing public sympathy has taught him sin
gular discretion and humility. lie throws hlm-
self absolutely upon the mercy of the public,
which, after all, is the only thing he could do.
He could not accuse whole community OF
personal malice against an obscure person
whose name had never been heard until ele-
vated into sinister prominence by his crimes
If public feeling was 80 powerful as to con-
strain the severest verdict from jury chosen
virtually by the murderer and his attorney
under the rulings of a judge who certainly
did not lean TO the side OF the people IN his
charge, it would be difficult to seek for any
cause of this weghty sentiment but IN the
crime itself.
Nothing which Foster says in this appeal
throws any new light, or any extenuatng
color, upon his act. He is frank enough i'll
accusing himself of drunkenness, but natu-
rally is not 50 candid in characterzing his
crime. All that he chooses to recall of the
incident which brought him where he lies, is
that he got drunk, and fell into a dispute with
stranger, who so exasperated him that he
struck him in the heat of passion with the
first thing that came to hand. But the sworn
evidence shows that he forced quarrel upon
Mr. Putnam, insulting and abusing him in the
grosSest way, and at last, infurlated
by his victims non-resistance, he asked
him how far he was going, and
announced the murderOus intent which he af
terward carried out. The savage purpose thus
conceived, he looked around for means of ex-
ecuting it. He went to the front platform and
inoured about the car-hoOk, and then waited
for Mr.. Putnam to leave the car He seized
the deadly implement, in spite OF the protest
of the driver. and slyly sneaking up behind his
defenseess victim, crushed in his skull. Every
detail of this homicide shows a-crimnal disp0-
sition, a brutal self-loye, disregard for the
rights and lives of others, which form the in
gradients of those motives which lead to de-
liberate murder. The same characteristics
make it difficult for Foster to conceive why
there should be so general an indignation
against him. He has the nalvete to advance
a, a plea for pardon the fact that he boasted
of his brutal act the night on which It was
committed having no idea that his drunken
| " blow would result in bringing about his
conviction for murder" 1t seemed to him
then, and probably does now, that an un-
provoked and ferOcIous assault upon a peace
able and defenseless man was an affair of no
consequence whatever. Ii was too common "A
thing in his experience to deserve any serious
! thought. The entire innocence of the trans
action appeared to him to be guaranteed by
| the fact that he had been drinking, and that
| "A car-h0Ok was not customary instrument
! for the commission Of murders. He lays espe-
cial stress upon the fact that the blow was
| thinks il very hard that other men have
escaped who have killed their fellow creatures
with the more recognized" machinery OF
knives and pistols. II would be difficult TO
| illustrate more strikingy the entire lack OF
any feeling of moral OF legal responsibility
| for violent assaults which has grown up among
| the ruflians of this city through years OF prac-
| tical impunity.
| His claim OF drunkenness as au excuse fol