The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-06-04
A VOICE FROM THE ToNDs,
Foster Makes an Appeal to
the Public.
LETTER FROM THE PRISONER.
TO THE PUBLIC.


Sufficient time has elapsed since nv conviction
for the murder OF Mr. Putnam to allow me TO make
that appeal to the cool Judgment OF the public which
my counsel could not make IN court room, OPP
pressed by the usual legal lorIaaiit,es. have not
much to say, bur in my awful position what little
appeal make is invested with terrible import
ance, 10 me at least.
After short and impartial trial, before the case
was submitted to the Jury, Judge Cardozo charged
almost directly in my iavor-at least, in modiflca-
tlon Of the verdict He directed the jury that tit
OF PASSION did not imply the requisite degree Of
malice Justifyn. verdict OF murder in the lrst
degree. lie almost as much as told tnem that IN my
case there was 10 evidence proving that intended
10 Kill Mr.. putnam-that deatn was a result never
contemplated, ana that, however furious The resent
ment OF the public might be, it would not be in
accordance with thelr oath to convict me OF
malicious purpose to Kill Mr.. Putnam.
the jury was evidently Inclined 10 regard this d.
recnon OF Judgc Cardo1o, bat they were AFRAID TO
abide by 10 thoroughly. Public opinion was TOO
strong; and because rs believe, u did not stop to
consider my case co0y, It compelled thar jury 70
bring me III guilty. OF downright murder In the irst
degree. But even then they went as TAR as they
dared In recommending me 10 mercy. They re-
commended me to mercy because they felt that
Bnere was something wrong win the resi- of their
veruict. and they wanted 10 make The best balance
tAey could without taking any responsibility them
selves.
Now make this appeal from my condemned cell
becauses the public are beginning 10 believe with
Judge Cardozo. Judge Cardo2o said the truth. He
SAID never meant to KIN Mr. Putnam. He knew
from the very evidence that there was nothing
further from my lnrention-and it IS the intention
which makes the crime.
What are the iacls OF the caseS had been drink
ing heavily--God knows I can't excuse that. l was
stupid drunk-mad drunk, and got into drunken
diniculty with strange man. That Mr.. Put
nam. lie said something which aggravated my
drunken madness. Without any thought without
any cacniaaon' on me in;pnise OF bind fury |
That blow was never intended to xii Nj. Putnam
II was struck With hardly any intentlon ar all. 1t
W N u ms n N a
derer. IL was struck with no recognized weapon
lust the first thing that came 10 hand. II II hao
never have killed him. But 1t did kill him. and the
blow which struck, without having any definite
to death in revenge.
No one viii pretend 70 say chat deliberately set
about to effect Mir. lutnams death. | made no IT.
tempt to escape. Identified myself. I canned to
have struck hun, having no ic9a, no earthly notion
about my conviction OF murder
Pubic resentment and transportation brought
inout tne verdict mere arc men III ,hs iomos VINO
have Killed others sooerly, ~ cold plood and there
has been no hue and cry after them. A man who
had quarrel With another and then went nome aud
procured knife with which he came back ana
stabbed MN to death, deliberately and in cod blood
was sent to Sing Sing for four years he other day.
There are others in this prison convicted OF murder
with weapons known to he deady-so that their in
1enions IL using them could not be doubled a mo-
ment-and they are safe
Then again was tried In the Court Of Over and
Termner, that oaight have no appeal. There is no
appeal from that court Everybody else on the
Game charge Is tried before General Sessions There
are three or four men now convicted ani sentenced
who have stay or proceedings, and who will have
new trial. who were tried before General Sessions.
l was tined out OF my turn. There were others IN
dlcied Tor murder months before me who have not
been tried YET, because there was no hue ana Cry
inter them, while the public was resolved 10 rave
my blood as soon as possible. Out OF these a.one
am selected to undergo capital punishment, because
mine was sensational case.
No one car doubt the truth OF this, end 1t IS be-
cause this Is tile truth. known TO God and sworn to
by me IN tho shadow OF death, that make my ap
peal 10 the pubic. en- doomed to die because
wicked drunken freak resulted III the death OF
whom no more intended TO harm seriously than |
would my own child The public, perhaps, because
II forges me IN The horror OF my CELL convicted Of
AN intention which never had--as my Creator, INTO
whose presence am shortly to be hurled, knows
better even than ao--lnssts on my execution
Is the recommendation to mercy TO mean nothing
Does anybody refuse TO il the protest OF the
jury against the pressure which forced them 70 bring
me 10 The galiovsl The public, which was furious,
compelled the jury TO act as 1t did, and make my
appeal therefore, to the pubic,
impolc Tho pubic TO consider my case, now that
Is impossible, coDly and dspass onsteiy appeal TO
the public to be just and fear not. And what nave
TO say In my behalf say with the soemni,y OF my
situation. make ms appeal as IL condemned MUIR
derer sentenced to speedy and ignominions deas.,
helpless and poweriess. but confident that the same
feeling which on an impulse secured my conviction
will, when cool and deliberate do even rae proper
Justice. WILLIAM FOSTER.