The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-12

Another Delay in the Pro-
cceIings.
The Trial Adjourned Sickness OF Prisoners
Counssl-A Crowded Court aud Large
Gathering Of Well Dressed HAS
culine Humanity.

Their delay OF the trial the direction OF Judge Car
doZo, before whom the prisoner, Foster, was
brought.
It will DO remembered that on the evening OF
Wednesday, the 26th of April Mr.. Avery d. Putnam
was struck by man named william Foster while
stepping from University place car. On the fol-
lowing Saturday Mr.. Putnam died from the I'M uries
received. Foster, who was very promptly arrested
on the morning after the murder, was found guilty
Of murder In the first degree by coroner's jury on
the succeeding Tuesday, and on the same
day the Grand jury OF the Court OF
Oyer and Terminer found an Indictment
against him on this charge On Wednesday he was
arraigned and obtained leave to put In special
plea TO the jurisdiction Of the court which was
argued on the next day before Judge Cardozo, who
Overrued the plea and set down the trial peremp-
torily for yesterday. The Judge also directed that
an additional panel OF
FIVE HUNDRED JURORS
should be summoned for attendance on that day.
1t was tails unusually large attendance or jurors that
NO doubt contributed to the remarkably crowded
condition OF the Court OF Oyer and Termner yester
day morning. Every juror appeared to make 1t
matter OF conscience TO be present. the I've hun
drcd jurymen, the persons connected with the
and they were by no means lew In mum.
ber-and those who were there merely as
proaches that at before the time appointed
for the trial OF Oldest officials said that he
did not remember having seen 50 large gathering
at any previous trial.
The doors were opened o few minutes before ten
O'Clock, and all the space outside the barrier was
Immediately occupied by concentrated mass OF
wELL-DREssED MASCULINE HUMANITY.
The reserved seats within the enclosure were
speedily taken by COUNSEL, court officials aud repre-
sentatlves OF the press At about half-past ten
O'Clock Sheriff Brennan and under sheriff Joel A.
Stevens arrived and took seats on the side
OF the jury, in chairs near to the Judge.
They were soon followed by District Attorney
Garvin, Assistant District Attorney Fellows
ana ex-Julge Stuart the counsel for the prisoner.
In moment two after the entry Of these DIS
tingushed legal celebrities the prisoner Foster
brought In, pIeceded and followed by bevy OF
deputy sherifs He was handcufed, and before
taking seat at the table near his counsel the hand
ours were removed and he signed an AFFIDAVIT that
his counsel had prepared in his behalf. lie was
then removed to a back seat on that side OF the
court which was reserved for the ladies at
THE AFARLAND TRIAL.
He was neatly and respectfully alfred, ana through
out the proceedings manifested that calm, intcli-
gent and aptremorseful look that has been tho
astonishment OF all those who have had an oppor-
tunitY OF Observing him. AS he took his seat he
was speedily hidden away from the gaze OF
the many hundred eyes that had concentrated
their gaze upon him, for those who had seats
he ore HIM and the deputy sherlfIs who Ounded
HIM concealed his face so comBIetely chat 1t was
only when some point In tho proceedings that
awakened his interest ana he partially rose from
his seat to gain better hearing that he Afforded the
spectators generally any chance OF looking upon
when the court was hushed and all was stu Dis.
Bench, said:-"Yaur Honor, l now move on the
trial OF william Foster for MURDER" and turning
to ex.Judge Stuart said, "Are you ready to pro
Judge stuart then rose and read an aridavit OF
the prisoner anu also the following affidavit. Both
documents were substantially aikc:-
sos c,.yss N YES sinat being
that there + At D.es n as he and believes no
e alleged 70 hive been Committed SIS iAaa weeks
tina, this deponen. has been II portion Of the
the care Of III. eponen add that, ' bos
for want Of sufficient time and especially because Of
preearasn FOR trial vhish tie ch tracer and Importance
np % tic ' aSd s
neyes that number Of tho members Of the bar % th.
the accused and they have decaei OF pre-
upon the round that there was tine to make that prepa
Tllon which both 70 themselves and 10 this
man, clearly deinandsa NUM- or (and among them the
most enine in the profession saying tina. they would will
more could be had Deponsn: that app icatoa the
Sas a az
and friends tie could reach them. Deponent
mosy herein slated advised the accused
IN Is tho d e & er
will be without that preparaon which common justice and
M sars '9l IN
ae cav e and an %
murder - the lrst degree provided reasonable time
this learned Court and impartial jury The law and ths facts
as they truly exist; and further depoaeni saith not.
Sworn before this 18th day of May lsnr soaIn.
WILLIE, Notary Public.
AT the conclusion OF the reading OF this the coun-
sci asked the court TO grant delay OF few days
or two weeks for the trial. II was demanded In the
stances detailed In the afidavlf, been unable 20
properly prepare his defence against this very
District Attorney Garvin satd-If tho Court please
IL Is not my desire TO put any man on ms trial with
out that ample time Tor the preparation for his de-
fence which the circumstances OF the case would
seem TO Justify The purpose Of the law, a. yolr
Honor IS welawarc Is not vengeance, but that de-
terrn2 influence that shall operate as a terror to
others An important element OF this terror was the
prompritude with which the law was INDICATED
and punishment awarded to the offender. 1t is two
Mr.. PUTNAM WAS srRucz DOWN,
and the murderer took upon himself the RESPONSE.
billy OF mat act the witnesses who Will give evil
dencc are all in this city. ald the witnesses on both
sides can be obtained easily and promptly, and 1t
10 me that this Is case that requires speedy
trial and the acqalttal or the prisoner II innocent,
OF hts conviction II guilty. on my motion, your
Honor. last Thursday "a week ago today you twice
Stated tlat inc prisoner ana the counsel must be
readg 10 proceed 10 trial to-day. You then said 1t
must percmpt0rily proceed, and that there would
be no postponencDt unless some extraordinary CIR
cumstinces were adduced. I announced | was
ready TO proceed mat dNy. recoilec case and IL
Is mart or the public history OF This and another
country, that
GREAT RAILWAY MURDER
was committed In England, the cuprit Muller n ed
10 tits country, was arrested estrdIrcd sent back,
anl within week after hls arrival In London, where
the administration OF public justice not surpassed
in any country on the face OF the globe. this man
Muller was tried, convicted and executed. The
effect OF this was. your Honor, that there
another railway murder III England, Ireland or
Scotland. Why2 Because justice was speedily ad :
lninistered TO. that man. Under all the circum-
stances | ASK your Honor that THIS tria ne ordered
on to-day, and II there are any witnesses thar this
man re lures Will send any number or officers that
may be requisite TO secure their attendance. IL
those witnesses are IN the city and county or New
i ORR mere promise that they shall DC produced at
10, uuht N