New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-05-26
SENTIMENT ON THE JURY BENCH

| lar manner the working Of those influences W
which vo bovo already referred at some
Iopctb in onr comments upon this remarka-
| h,e cose The evidence was so strong ana 30
oonolrs;vo tbat il WAS impossible for the ma
;or;t, of tho iury to avoid the verdict OF
g ,-,;,,v &c murdern but the arguments OF the
,naoI and the charge of the Judge had 80
:.nnos.od them with vague and indefinite
horror of the consequences of their own
oct that they added to their verdict
| the recommendation to mercy which pTac-
tically neutralizes it., and fully justifes
the anxiety we yesterday expressed as to the
escape of this murderous ruflian. The same
indecision of character which disqualified these
men from forming an opinion Of the homicide,
and consequently secured them places on the
Jury, made it impossible for them to contem-
plate calmly the results of their own deliberate
verdict. If this man Foster is guilty of muir
der. there can be no reason or logic in pardon
ing him. The evidence in proof of his former
good character was of the sort which is readily
produced in favor of the most glazing offenders.
You could find plenty of witnesses in New
| York to-day who will swear that Reddy and
Coolie Keyes are good and kindly men, IF
I" they would let liquor alone" This perfunctory
| Endorsement of Fosters character Is con-
tradicted by all the incidents of his life
He has been a rowdy, drunken, quarresome
ruffan, ever since childhoOd-a bad son and
bad citizen. He has relied upon the wealth Of
his family and his own small influence with
our corrupt rulers to shield him in all his
wrong doings, until it seemed to him that
gratifying his devilish spite by knocking out
the brains Of gentleman who had reDuKed
his brutality was a mere peccadll0, TO be
punished by a short imprisonment: to use
his own words, "a year or twO-and WHAT 8
"that in a mans lifetime?" The counsel for
the defense argued in his speech in extenua-
ton of the crime that Mr.. Putnam turned away
from Foster and refused to quarrel with
him. and added that nothing could be
more exasperating to an intoxicated
man. The ruffian evidently held this opinion
| himself and felt that according to his own
brutal code his honor demanded that he should
brain the man who had touched his vanity, first
by thwarting his insolent persecution of de-
fenseless child, and second, by refusing to handy
! words with him. While, to the discredit of our
civilization, the penalty of murder remains
death by hanging, it is difficult to conceive OF
q case which would call more imper0usly for
the exercise of the extreme rigor OF the law
than the one which has given rise to this sin
gular verdict, where conviction of the truth
has dictated to the jurors award of guilt
and feeble sentimentality has induced them
to recommend that the culprit shall escape the
punishment of which they declare him worthy
There will be one compensation, if in this
most monstrous affair the gallOws is cheated
of it's fttest prey. Whenever, by virtue of
A. Of
Staying, man who really deserves hanging
escapes it. the institution OF the gibbet receives
telling blow. BY the force of a mawkish
sympathy for les miS6raJles the moral sense of
French juries has been so corrupted that it is
almost impossible to obtain verdict of Guilty
from them which is not accompanied by
suggestion of extenuating circumstances"
| 1t Is only few years since man was con-
victed of numbering in succession five wives
for their little dOwTies, and yet the jury came
| in weeping over their verdict and suggested
the unfailing circumstances att6nudnteS. ii Is
reflection upon the law, upon the function of
the Jury, and a tact condemnation Of the
present system OF penal legislation, that
Judge, prosecutor and jurors should bring so
much of maudlin pathOs into criminal trials
At Washington the other day the presiding
iustice could not sentence murderer for sObs.
In this very case of Foster tho prosecuting
attorney told the awe-stricken jury that he
thanked God the terrible responsibility OF
passing upon fellow creatures life rested on
them and not on him. If the law be good
one which hangs murderers, there is no reason
why Judges and prosecutors, and jurors and
sheriffs should cry about their proper business.
If. as most of these gentlemen contend, the
life of q murderer is justly forfeit to society
and his hanging is necessary for the general
good. there should be no more sensibility
wasted over his sentence than over the doom
of the thirsty loafer whoreCeives three months
on the Island.
The verdict of the jury in this case of Foster
is an unwilling tribute to the power of public
opinion. These men were selected with special
reference to their freedom from the generous
impulse of indignation that animated the COM
munity at large at the news of this frightful
homicide They were carefully kept apart
from the world during the long and tedious
examination which ended i'll the compile
ton of their number. 1t was patent
to every one that their bias was rather
in favor of the prisoner. The rulings
of the Judge were certainly not open to the
charge of hostility to Foster. And yet, so
powerful is the effect of moral atmosphere
upon undecided natures, that these jurymen
were led almost uncOnsciously to the opinion
held by all New-York, and the verdict they
rendered is the true one, because coming from
influences outside the jury-bOx, and their
recommendation is worthless, because it is
their own.