New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-05-23
THE FOSTER TRIAL.
R OBTAINED.

r..
WAY, OFFICER DAVIS, THOMAS DooDY, CAPT.
KILLELEA, DR.. GEORGE VI. LEFFERrs, AND
AUSTIN G.. PUTNAM-THE DEFENSE TO BIZ
PUT IN TODAY
The Court was opened yesterday at 1890
precisely with Judge Cardozo the bench, DistrctA
orney Garvin, and Col Fellows, his Assistant repre-
sentng the people, Judge stuart and his associate,
| the prisoner
Az 1912 James Daniel, a butcher OF No 100 Pearl-si,
was called and Judge stusrt's challenge fog prnc
pal cause said that he had formed opinion to tho
guilt OF Innocence OF Foster and that he had conse
entious scrupes against finding verdict Of guilty in
where the punishment death. On the challenge
for favor he said he did believe anything he read
but afterward qualified the statement by saying ho
| didn't believe more than half
suppose what read the whole ease
you derive any Impression tie gull. The poGsr
Prom vh. haze read s::sS1s b
that doubt cas % 'f se pe on Ss % Of have S
Mr. Putnam with the the sad should
O. Assuming that Foster hi. M Putnam With the sitos s
a . n :i h fG and md % fSi
degree mansaushter in the same deseef not
Spo Ss tb s1 ist. S'I JSige sa. f
The eballenges were then withdrawn, and ny Daniel
having proved satisfactory in all his otner answers WI"
sworn the twelfth juror;
The following IL the full list Of the jury: ~, o.,
Benjamin Hendrickson, Bureau Assessments NO S2
Robert Y Mortin merchant, No. ~ Fultonst;
John E. Hoagiand. merchant NO $50 West-st' resi-
I Hiram M c. Rogers, Cashier Gold Exchange Bank,
NS sa Ss Ddwdng S No. sS s.
Walter A. Bartlett eorsets NO; 20 west broad"'''
simon Klaber marble No. sOi West Twenty
Robert Usher jr, importer, No. 25S west Ihn'y-
Henry Leo, furs, No. 4sa canal-st
Francis J. Hotop' dry goods, No o. Mn,,G
James Daniel butcher, No. io2 Pearl-st. -, -
Judge Cardozo then inquired IL they were ready on
both Sides and received an Affirmative reply.
Judge Cardozo-There is nothing further in regard TO
Judge stuart-Nothing from us. We are content with
this panel, and we will be ready with our defense to-
brief delay ensued while the jurymen who not
impanneed leaving the room and, when quiet was
restored. DistrctAttorney Garyin made the opening
address for the prosecution, as follows;
OPENING REMARKS oP DISTRICT ATTORNEY GAVIN
II the Court please Gentlemen Of the Jury IL gives
me great pleasure to be able to rise here this morning
and see these u seats filed that we have before
ma in the turybox u intelligent sensible who TO
listen to and hear the evidence III TINS case son oi
you may have sat in capital cases before osI oil
thank my God every day since have held the position
responsibility for the life OF human being and in add
ton to that it is responsibility for the life OF million
and resnonsbiity for public order law asasls law
iessness MURDER which you are bound to take INTO
confederation and remember when you come 10 pass
upon this questionhat you responsible as agents OF
great people the verdict which you VIII give upon
'N Tn fsfs an Indictment murder the first
April. ISL without provocaon, with malice afore-
thought by design, took the life Of Avery d. Putnam,
human being taken before, on pu9lie street
PqSS e darkness OF night and IN
of unprotected, except SO lar as MT fut
nam ,e y v Ss that murder consists IN taking life Of
human being with the design so to do, without case
dpes Ss he shall be guilty Of murder in the G
degree, aud his punishment is fixed by statute shali
show you that Mrs Duya, living on Broadway Iad
two young daughters, one was at the church OF he M
vent On taf evening 81 f the so9 4'h a EL
preached for her 10 return home ENJOYING Mi with S
2c%Ts OF daa s S 10 20 alter child and
company her home. she met Nj, Iutnaln, a." h .r
T6ey got on Broadway and seyenih-aye car, at the
corner of Unyersitypl place and WaVeEey -hdoSe' dcS
on Broadway about Twenty sometime was sld
the clock and this LITTLE g ,b oT D dSo yety oo
up so that could through the door WINDOW 70 e
With Srmaces and sneers this prisoner looking at
this little child Without paying any aenton 70 NM w.
Years that She could not had indecent thought Ia
her mind, and he ought b. have known ~ nc ea me &
slammed the door, and attempted 10 sI uoWh py n.y.
side, when her mother changed her OIeI Oh W. Whe
side and then he said III gUas ala o this Is y ehd
Then he made remarks, and went OUT on ths pat
~ IL vas, Nj Putnam gets up and shuts this door, and
he slams IL open again; then some REMARKS Hefe nto
oy Mr Pntnam said not one word Finally this pri
oner turns round and says to MI Putham-neh n'ig
| now dead-"how far are you going mp, SrP MI:
Putnam made no reply, and he asked nun Llc second
time how far are yoa gong up VI an annsny With
these ladies' and he knew them; he says, = WIZ 90 as
far you do and when yon get on WI, Am bb o%
brothers who love your sisters as Fathers VINO osS your
M I'm their children what would you do if man had 50
acted tell you il man should say mat 70 me- my
child sitting there unprOtected-or your ch1 td was
an acquaintance OF yours he would have come on very
differently from what he did on that evening" ne rode
which have just expressed to you IN 9ngnage to brit
tai profane for me TO repeat ana Thsh my iT TICK
Forty sixth st the bell sounded ana that pen hims
turned be the knell of Mr. Putnam Approaching
death Tie little child got oft first Mr.. Putnam followed,
while he stood with one foot on the step. o inc car
and the other the street this prisoner stanalhg on
erees are let up down by the driver passed round
the west side OF the came back to the east sde
| I'm his skull through felt hat; left him, and went
back the same way he came threw the hook on the plat
form s9 Ha GS@ Haes That m the depot
cint, concise statement OF what VII VIII 'pP;SII n !"
yI will 4 further appear to that th prisoner had
been conductor on ear ana knew apG, Se NJ PM,
nam and these tSo ladies' went forward and spoke
to the dry S saa 5 sas To knowing there
in the way, without any proyGcaton P'e'y h % e 20
de Of the car he strikes the fatal blow which send.
Mr. Putnam to the grave Now N SHOW you gu, t tS9
@ f me- Shall ask your deliberate verdict that seis
man is guilty Of murder IN the ntst uegee anu 'o o
nal the conseq uenees OF his own act for II crimes
of this description not TO be punished VITO " ING
a,uatjon and order Of this community 70 come HOmt
W. 40 NOT ask the life OF human being for the purpose
,nan vengeance but ask II for the purpose or
vi tnu others committing the crime, and for
no otter reason The object of punishment - the pre-
vcntion of crime III others that those VINO near u may
nm thSt crimes OF this description are punished Ia
this community, and that, therefore tney must stay
their hands, else sure punishment awa ~ a ,,i
with this statement Will proceed with the testimony,
and see what facts giving this man tue penen OF
every possibe chance he have for his me- ana wnen
we get through shall ask you TO render sch veet
sha A