New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-05-24
THE FOSTER TRIAL.
CLOSE OF THE EVIDENCE.
SPEECHES OF JUDGE STUART, MR.. bartlett
AND CT-ATToRNEY GARVIN.

AND DIsTRICT-ATToRNEY GARvIS
The public interest in the Foster trial increases
as the case proceeds. Long before the courtroom was
opeped Yesterday 1t was crowded to its utmost capacity,
and long limo OF anxious people formed In the passages
ready TO push in the tedum OF listening 10 inc
evidence of witnesses TO character should drive OUT
some OF those who had been earlier In the field out
warly Foster maintained the same impassve demeanor
which he has exhibited since his arrest but when the
evidence for the defense was completed, ana Judge
Stuart rose to make his appeal to the jury, tHero "ero
signs to a careful observer which betokened great
anxiety; a constant pulling Of the whskers near inc
mouth, hurried, startled look whenever Judge stuart
turned whisper to him. and frequent uneasy saees
at Judge Cardozo when, by tho raising OF his voice ana
energy of manner, his counsel, as he thought, was
making point.
Judge stuart's defense was hopeless one. He evil
IDENTIFY felt 1t TO be for his nr was one OF depression
throughout his long, labored speech MI Bertets pHa
was still longer and abored and lacked the hrc
and energy of Judge Stuarts When the DsrictAttor-
nov rose to reply Foster fastened his eyes upon him. but
as Judge garyn powerfully and lucdy explained to the
Jury tho various points Of tie case, ana ahayIeu to
theory Of the defense that there was no premediaoh III
the murder of Mr. Putnanl-Ao intent to kill that tile
ear hook was not weapon which Foster would nave
used had lie the intent TO KILL and that the crime must
necessarily be Of manslaughter or. at the WORST
murder in tho second degree Fosters eyes dropped ana
he did not again raise his head from his bosom till the
Court adjourned Fosters wife and children were III
Court all day. and were much affected by Judge parVS
address, His little girl, who had sinilingly listened 10
the remarks OF Judge Stuart and Mr. Baftett appree
ated IN an instant the severe structures OF the Disc
Attorney and. hiding her head In her mothers lap,
sobbed bitterly. Mrs Foster, who was closely vailed Is
a quiet, respectablc-looking young woman She was
called 10 the witness stand early In tho morning, but
was dismissed by Judge Cardozo, on the ground OF being
the prisoners wife. Tie was adjourned at "a t
this morning when the DstrctAttOrney will complete
his reply to the defense lie only proposes TO speak Tor
about 20 minutes.
At 10, O'CLOCK tho proceedings wero begun by Judge
Stuart calling for Dr. Raborg, Police surgeon, VINO at
tended Mr. Putnam the 5tationouso on the night OF
his injury He was present, and Judge stuart theh
called Jane Foster the wife OF the prisoner, A., i
DstrictAttorney GarvnIs this the wife OF the pris-
oner judge Stuarti
Judge Stuart-She Ia. 1870. ----.,.. ,..o
Judge Cardozo-Do you claim inc rlght 10 eAaio n'i
Judge Stuart-We will call her.
Judge ClrdozO-Iiaye you any authority 10 present,
Judge Stuarti
Judge Stuart-No, Sir. .,
Judge Cardozo-I think the witness must DO rejected
caprt avd then called George W McGynn who testi
fled that ho knew the prisoner N California and his con,
order and Industry" Edward j. Simmons testified that
he had heard anything against Foster OF any CON
SEQUENCE and that he considered him O peaceablc man.
DR.. Samuel A. Rab0rg the Police Surgeon, having CONT
into Court next examined He saw Mr. PUTNAM on
the night he injured and thought his wound was VI
O serious nature .,
q. Was IL an injury Of character that Ieeu hoI nay
resulted in death properly treated2 A. certainly did
not consider it a necessarily fatal injury; fractured
sE rons SaSssT Of even If properly treated
Wonld it, If properly treated IN rohbiy' nroduce
denthY A. Well Sir. in my opinion In such cases the
more quickly the brain scleyedfrom the pressure ofthe
the danger; If had had charge OF the case, should
have at removed the bone; treatment might pos
sby have saved the man; the chances or saving MS ne
would hnye been very much increased, IN my opihoh
by immediate treatment. ,o,oo, wosnoo,ov everino
till II O'Clock the next day. without medical treatment
lave increased the danger greayi A. should say II
@ Was the proper medical treatment to relieve the
brain from pressure and such wouncs rs the fragments
made Immediately called for A. should say 1t was.
Q. Surprising he had fallen under your care, ana no
ambulance had been for what would you nave doie
A. Removed that bone and relieved the brain OF the
pressure, which might have prevented some hiamla-
O. But dont you think 1t would have prevented infam
nation leading to fatal resultsi A. think could bet
that by saying did not look upon the case
necessarily fatal treatment might possibly Fave
O. Would not the chances OF his recovery have been
much greater by immediate and proper treatiheht OF
treatment during the earlier Part OF that night t.
the next day at II o,coekl Very much in my oPn
ter if he had had immediate treatment
Cross-examined by District Attorney Garvn.-Q How
see the patient From botter, sir have since
that the car was due 1T ao3It
@. What sort Of an examination did you makcf Any,
thing than introducing your finger into the wound
A. Yes Sir; made an examination of the entire physical
condition Of the man. probed the wound Win my M
GER and ascertaned what the injury to the brain ana
skull was. fodnd wound about two inches above the
left and about an inch long ana ha an hch "Iuo
IL was a long and narrow wound.
O. Did Won scertan whether it simple depression
of the part the skull that was broken or whether e
part that was broken down was driven into the brain
A. Yes Sir; was certain that was not entirely free
from surrounding skul-a portion depressed ana POT
ton still held probably by the internal membrane OF the
skull The portion that depressed was In one piece
far as could obserye-there might have been smaller
O. Did You find whether the walls Of the depressed por:
ton square or whether they were IKE the teet Oh
saw A. My idea IL that they were IKE the teeth VI
O. From the examination that you made can you ten
this jury how deep This was driven into the skill; was
driven into the brani A should suppose about nan
inch; portion of the brain was broken up ana IN
brise each eye; looked as If had been made by
heavy instrument sudden blow; the bruises were I'M
medlatey the eyes and were separated by he ridge
OF the nose; they might have been caused by an nsru
men that reached across or by Two @ S ina
Left eye congesed more than the right the bruises
any other injury did make any further examine
on except TO his general physical condition from ms
wound and the condition of his pulse.
Redirect-Ths discoloraon might have resulted from
fail on hard substaBce the SKIN was not DrOkehi II
mere discOorati0n; II might have occurred from
falling Oh the track or the ear OF the pavement. A.
John Stokes testified that he was starter on me
Fourthave Railroad; had known the prisoner for eight
or nine months as very peaceaoIe man; the prlscner
was a conductor on the road about two months
John Nesbit dealer In building materials residing at
No 157 secondave had known Foster years, and had
never heard anything against his character. ,.oon,
Louis j. htHy hiu hnOWH BIN VI soHch yS"iDj
and his character for peaceabeness was good,
Judge STUART have subpenaed several more men,
but they not present, and am unwilling to detain
the Court.
Judge Cardozo-Take your own course about It.
After a few moments delay, Judge Stuart said he had
been thinking OF allowing Foster TO testify a. to his own
intent, but there doubt as to the Legality OF such
he had decided not to do it, With the excep
ton reseryng the right to examine two witnesses,
to character il they should in his testimony was
closed.
The prosecution then called, in rebuttal DR. George
NJ Leerts of ST. Lukes Hospital who said that the de-
unrfio NJ MIR