The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-06-04
A VOICE FROM THE IONDS,
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
tat appeal to the cool judgment OF The public which
my counsel could not make IN a court roon OPP
pressed by the usual legal lorrnaities. have not
much to say, bur in my awful position what little
appeal make is invested with terrible import
ance, TO 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-
ton Of the verdict He directed the jury that fit
OF passion did not imply the requisite degree of
malice Justfyin: verdict of murder in the first
degree. lie almost as much as told tnem that In my
case there was no evidence proving that intended
10 kill Mr.. Putnam-that deatn was result never
contemplated ana that, however furious The resent
menr OF the public might be- it would not be In
accordance with their oath to convict me OF
malicious purpose to Kill Mr. Putnam.
The jury was evidently Inclined TO regard this d.
recnon OF Juaec Cardozo, bat fhey were AFRAID 90
abide by 10 thoroughly. Public opinion was TOO
strong; and because rs beneye, II did not stop to
consider my case coOlly. 1t compelled thar Jury 10
bring me III guilty. of downright murder In the iirst
degree. Hur even then tney went rs tar as they
dared In recommending me 10 mercy. They re-
commended me 10 mercy because they felt that
there was something wrong WIN the resi- OF their
veruict. and they wanted 10 make the best balance
selves.
Now make this appeal from my condemned cell
Judge Cardozo Judge Cardoao said the truth. He
sad never meant 80 XIII Mr.. Putnam. lie knew
from the very evidence that there Was norning
further from my mrention--and it Is the intention
which makes the crime.
What arc the lacls OF the caseS had been drink
ing heavily-God knows can't excuse that. l was
stupid drunk-mad drunk, and got into drunken
diirculN with strange man. lhat was Mr. PuS-
nam. He said something which aggravated my
drunken madness. Without any thought, without
any calculation, on me impulse OF bind fury l
strucG HIM with the first thing that came TO hand
That blow was never intended TO XII Nj. Putnam
1t was struck with hardly any Intention ar all. 1t
was the work oil nladman, not OF deliberate muir
derer. II was struck with no recognized weapon
lust the first inlDg that came TO hand. II 1t haa
never have killed him. But It did kin him. and The
blow which ! struck, without having any definite
intention, resulting IN his death, am condemned
to death In revenge.
No one Will pretend 10 say that deliberately set
about to effect Dir. Fuinam's death. made 40 At
tempt to escape. Identified myself. | Gained to
have struck him, having no iGea no earthly not,on
that my drunken blow wou!d result iii bringing
about my conviction OF murder.
Public resentment and transportation brought
about the verdict. There are men III the Tomos who
have killed others soberiy, in cold blood and there
has been no hue and cry after them. man who
had quarrel with another and then went nome aud
procured knife with witch ne came back and
stabbed nim to DEATH deliberately and in cod blood,
was sent to Sing Sing for four years The oner day.
There others in ths prison Convicted of murder
with weapons known to be deadly--so that their in
tentions ~ using them could not be doubled a mo-
ment-and they are safe.
Then again / was tried in the Court Of Over and
Ternlner that night have no appeal. There is no
anpea. nom that court. EVERYBODY else on the
are three or four men now convicted ami sentenced
who have stay OF proceedings and who will nave
new trial, who were tried before General sessions.
was tined out OF my turn. Tsere were others in
dicied Tor murder months before me who nave not
been tried yeL because there was 10 hue and Cry
after them, while the public was resolved t. 0ave
my blood as soon as possible. Out OF these ..one
am selected TO undergo capital punishment, because
mine was sensational case.
No one car doubt the truth OF this, and 1t IS be-
cause this is the truth, known To God and sworn to
by me In tho shadow OF death, that make my ap
peal 10 the public. L an doomed to die because
wicked drunken freak resulted i'll the death OF man
whom no more intended to harm seriously than
would my own child. The public, perhaps, because
II forgets me IN The horror OF my cell, convicted 0f
an intention which never had-as my Creator, INTO
whose presence am shortly to be hurled, knows
better even than lo--lnsiStS on my execution.
Is the recommendation to mercy to mean nothing
Does anybody refuse TO ii the protest OF the
jury against The pressure which forced them BRING
me TO The gaowsg The public, which was lur.ous,
compelled the jury to act as 1t did, and make my
appeal, therefore, TO the public.
implolc Tho pubic TO consider my case, now that
Is Impossible, coDliy and passlonatcly appeal 10
the public to be Just nnd fear not And what nave
70 say IN my behalf say with the soiemnsy OF my
situation. make ms appeal as condemned MUIR
dlerer, sentenced to speedy and ignOminous dea;!
helpless and powereS5. but confident that the same
feeling which an impulse secured my conviction
WILL when cool anu deliberate, do even rae proper
Justice. WILLIAM FOSTER.