The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-04
The FOS1ER-PITNAH MURDER.
The Prisoner ArIaigned at the Bar Of the
Court Of Oyer and Yermincr.
A Special Plea to BE
Made To-Day.

Foster, the murderer, was arraigned yesterday
morning in the Court Of Oyer and Termner Judge
Cardozo presiding, on the charge of having muir
dered Avery ID. Putnam, In q Broadway car. When
IL became known throughout the city yesterday that
the prisoner was TO be arraigned crowd OF roughs
assembled In the neighborhood OF the Tomos
anxious to have look the superior animal OF the
genus to which they belong. Along Centre street
also were 10 be seen
KNOTS OF YOUNG MEN,
who discussed the particulars OF the murder and the
probable time that Foster Will expats his crime on
the scanols-it being conceded on all hands that he
must forfeit his lie TO the law he so deliberately and
terribly violated, The Court OF Oyer ana Terminer
was crowoed, and when the prisoner appeared, In
custody OF Captain Kilalea, all eyes were bent on
him eagerly. AS he passed along Centre street he
was the centre fatracton Tor crowds OF spectators
VINO pointed him ont with grave satisfaction at
having obtained good look at the chained brute
He looked pa than at the inquest on the previous
day. Occasionally when a larger crowd than usual
looked at him deep flush overspread the stod-look-
ing face and the beared eyes were never raised
from the ground After entering the court room he
took seat beside his counsel, Judge Stuart and as
on tuesday, while his counsel argued for post
ponement Of q plea, ne wore look OF st0lid indif
ference and save an occasional nervous look around
that he IS the man for whose life oil New York
loudly clamors should he be convicted OF the crime
of which he stands charged. After being put 70 the
bar his counsei moved that the plea to the indict
ment OF wiful muruer be postponed for the present
as the prisoner wished to put In
SPECIAL PLEA.
Judge Cardozo said that the prisoner coulu plead
70 the Indictment generally, and that that general
plea could afterwards be withdrawn If he wished TO
substitute q special plea.
Judge stuart strongly objected to this course, and
after a long argument In which he contended that
his wretched client should be allowed even short
delay 10 prepare special plea and In nOwise COM
init himself. Ii was eventually decided that the plea
should be postponed, and that he be brought up this
morning, when the special plea must be made. 1t
Is generally believed that this special plea refers to
the jurisdiction OF the Court of oyer and Termlner
Tombs by Captain Killalea and his escort, and, as
on his Journey TO the court was the cynOsure for
crowds who
EAGERLY HAILED HIS APPEARANCE
outside the court house and along the route to the
Tombs When the doors OF the prison closed on
him the coteries discussed his case more excitedly
than ever
The father OF Foster, who is a wealthy retired
builder. keenly feels the disgrace that has been
bis son, and IS preDared 10 expend any sum he may
possess to save MIN from the gallows He Is an old
gentleman, OF excellent reputation, who account
bf Fosters waywardness, withdrew from him q
fathers counsel some years ago. but now that he Is
70 be tried for his life 1al love asserts ITSELF and
the past Is forgotten in the awful presence OF the
near future. The wife OF the accused Is devoted in
per attentions TO him, and passes much OF her time
In his cell the TombH. where it is said the cul-
In tears, and ascribes his msfortunes to the demon
rum.