New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-05-16
THE FOSTER TRIAL.

Iudee CardoEo for the trial of William Foster for the
,urder OF Avery D. Putnam, and large crowd assem-
lied early in the morning in the vain expectation OF
raining admance 10 the court ROOM Preparations had
been made however by Jacob f. Valentine, the CHEZ
,ourt officer exclude this class of people and under
his aecment all were kept hut the reporters and
the iurymen who suced TO crowd the uncomfort-
,hy BY accident however, two or three criminal law
yers gained admission for it expected that Judge
ardozo would assign counsel 20 assist exIudge stuart
and they wished be hand to catch the Judges eye
and receive the appointment The fact that prisoner
has money friends who have money always attracts
certain lawyers TO the courrooms but If there is any
probability Of their being assigned to defend man WIN
sut money II is Impossible 70 find Them Judge Stuart
aas had all kinds Of oyertures made TO him by the
agents these men, but be has without doubt got
i'd OF them and will be undsturbed further so long as
his trial lasts.
Judge Cardozo early in attendance and the repre-
sentatves of the people, DstrctAttOrDey Garvin and
Ls first Assistant Col. Fellows arrived half an hour be-
fore the Court opened At 1910 Foster brought in
booking wen previous occasions, but betTaShg
some nervousness
At loaO Judge Garvn rose and said that he was READY
70 proceed with the trial Of William Foster for muiu
sudge Cardozo directed that Foster he put to the p
and he was brought forward by Deputy-shern' ,o
given a scat beside his counsel Mr. Vanue'ooi"
Clerk Of the Court called the old panel OF JuiUiS ,.oa
whom answered present. Judge CardoIo uioi 'N1'-N
Of Judge Stuart II he was ready. >, o.,,,o,,oa
Judge stuart-I have simply this 10 say ~ IN
vnaer the order ~ the Court proceed to-day sha
have To ask your Honor assign an associate COUNSEL
not any better than the other day, ana can
NOT undertake the labor of this cause alone
Judge Cardozo-I think the cause must proceed 10
Won prefer more than one associatef
Judge stuart-No think not The matter Is WIN inc
onr both as 10 the number and individuals am con-
tent with the order Of the Court.
Judre Cardozo-I will assign Mr. Bartlett.
Mr. Rarett-I will comply with the order OF the Court
ant before the evidence goes would like an oppor
unity 70 consult with Judge Stuart do not ask for
,,ostpOnement.
Judge Cardozo-There win be opportunity afforded
Mr. Vandevoort the Clerk)-Are you ready to proceed
Judge stuartl
Judge stuar-I am ready to proceed under the order
Of the Court
The Clerk then shook mp the ballots, drew one and
called the of Solomon Anderson, halter OF Nc III
seventh-ave Mr. Anderson took seat in the witness
chair Judge Stuart inerposed challenge for principal
cause in that the Juror had formed ana e6preSs9u d
and under that challenge he examined as follows
Have YOU Of the homicide charged in this Idei
%" Rave S Sea :potcn about with aay ol A. No s
ID you JON wh reference it at the time you
Have you yourself any opinion touching the guilt or limo
. Have sy yp p' expressed by vorl No Sir
IN" ShaenSe Tor principal cause was then withdrawn
and the juror challenged for favor Judge oSrdozo
- res ana tbs is sn Indictment charging
Re w he murer Mr. Putnam few days since striking him
,.sd ear DO you have Rad account of It'll A No.
H. .1 sa Tsaif v any SG one
Have YOU heard 'sae aO9 81 U %t was aid heard
psr.y sTsak shout i in this Cogrt-Ioo@i that !, AL
q When A. When vas bele 5e,OTe Q, nh the j jury
Do re~enee! what S9s SAD A A S s exactly
ID VOC male Ssy response the remarks that
Wi t.s exception have you spoken of BY Others
saer TINE. and riseesi A. 10, Sir
s sSi 'h13 yS ca % 5sae;s, No Sir
Do G 9St laAs '1e H Ye. s I'' A. i' '
Have ny ycu ana Gss Of prejudice defendant derived from
an, 'S o % SG a' have sR0% So No
Have Ss S1p s I SSs Oao S p S No.
.DS .b as'i Ss sDS SS-4 A. No. Sir
Have You been the s1bec, any ingn supposed Ofene
any by that class Of Teroa,l A. No. ST. oror.r ct,
Philip p Low. Harris Pieser Robert r. Crosby and
Bernard Cuhman were successfully cAed anu IeJeeVeu
hS'i"s iOii"T THE Fl FIRST JURYMAN OBTAINED.
BENJAMIN HendricksOn then called. and was ex,
amned by Judge Stewart under Challenge Tor prihcpa
Have you read about maitl have read partially about III
g H Have YOU heard talked about A. Yes Sir.
yOu read and heard have you formed any OPnOn'
o Have no, what sir A have not formed any opinion
On What a o. 1e sI' S6 l2 s t Fe1ebht
What bushes do you pus1el A. am in the Bureau Of Assess
you and read then regularly every dayi
Ok b SS you read he scc1ni published nesap
Have yos SPOKEN With others in the about the
p Ia oin hat eonsefsi5ni course pTee
DID SP Ig5e 5ep any e1 upon your ns Ss7e not
RTs 1sn s1S o. 81 S S1's sybo f have beard
Tssas VIII you about No s have bad
Ga about H. -. ,.-,, ,-.-...
spoa subject A. No Sir have Orued no opinion about H.
g Nor expressed sDyi a ~ No. 2: S Sa,. 1h,v.
o Dong That purpose A Net on purpose being as Iury"an
Jon expressed opinion Out Of regard for your
AID yo a sure bat ont Of the regard YOU formed
sPlaien A expressly sAs have formed no opinion r,
u degree the evidence sbOah call for III A. No.
Have 700 any as to tie poeJ Of public law taking human
h the penalty murder have and never expressed
By Jog G'rvn Do feel entirely indifferent between The
epdr yeret according the eveaoe before youf A do that
O Without regard any impression mind by reading
newspapers hearing other people talk That the way
@ What your business formerly sslnsker for 30 odd
DO yS o. ss's s a 81 e P' ss s san' with this transaction or
Has person approached you en- one side or the other except to
o Have 700 ever juror A. Yes Sir have been
o. You were 1o Jury that this rdcueDti A.
Ss S' sS st favor o Now STsae s Se subject bot
IN read about this transaction
A. SIR have read about
.arcr attention the reports in the heard
have read i'll A. The only reports read
serei q The
o Out q more than edition Of The Sun A. No. SIR only one
q When gas thatf A. think the day after happened
O. Did IN Sun conn upon The tTsnssctonf A. No Sir.
O suy ehrscteT A. No. Sir it iS gave account Of the
aocideut s Il happened.
O. comment upon the character or quality Of what
sssei 4. merely the aoeiaeut q it h,ppened
that have read pohg IN no other
o. Ana be rang account The SIN Who have talked
about H. remember beside your family A. cannot
rmer any person had k With respecting IL at all for have
avoided any conversation respecting H. .---,.