New-York tribune., 1871-05-12

until forced to the conclusion that there possible
way for them TO gain admission they slowly and reluc-
family departed. squad OF policemen Vgllantly
guarded the door and except judges
and genuine reporters, there admission At 9l5
the urymen began to arrive, and in less than half an
hour every available seat filed and at least 250 men
standing Judge Cardozo was on the bench before
10 O'clock and the loud hum OF conversation which had
preceded his arrival speedily checked Or course
the principal topic discussed was the approaching Trial.
but moments the attention of the audience was
attracted to middeaged woman who forced her way
through the courtroom, back and FORTH and finally de-
parted after vany endeavorng to reach the Of the
Judge Close her departure came the arrival OF F0s-
ter which occurred at precisely 1919. He was hand
cufed and either side Of him walked deputy sheriff
while behind him was the usual "chain-g0ng' or daily
array OF criminals to be tried. Col Fellows the Assist
ant Disrct-At Orney arrived about the same tie ana
the Distrct-AttOrney, exJudge GarVn, lew moments
later. . . -
please now the trial OF william Foster for the
murder OF MI Putnam and ask that he be be put to the
Jndre Cardozo-Put william Foster to the bar.
Foster was brought forward by the officers. when a
brief delay occurred while be signed hs name TO- to an an
of the Court but showed not the slightest emotion OF
feeling in the matter.
Ex-Judge stuart-Sot to-day, if the Court please and
have ask the Court for continuance of the cause
my own affidavit and that OF my client with such other
may state If called upon in fnrheranee OF nv
further If the Court desire it.
staey stuart beag duly sworn saws he Is Of counsel or VIM.
Poster and that there present he Is informed and believes no
other counsel actually engaged in bis defense ..,,n.
Depone at the crime homicie preferred against ssd Foster
alleged have Leen committed less than two weeks @ aes .p 8 re @ was
III portion the time the DAY q his arr'gnent No day con
that ,neqi tims ana especially because Of b. e1
ness he as De "a le & ,Is % % and tat be not
ready and cannot proceed with the case ,, ,o
this Cont have been applied to for Their advice The defense
the accused ana ty @ a' 5g % y % gpon ne Tond hat bre
not time to make hat reos ton Nhe dgty Goia % % M @ %
tie on) ,a Ae wou willingly serve II con
6spoaeS y. a' to the counsel aa
, Scp a pI. of ne acca,ed aid reach Sm Dsponc bis
knorrdge Of the facts Of this an mostly Tor the reasons herrin
70 this court his judgment the proaer forced to ra nme
SsT te ard s iars Opponent h bis opinion tE.
this defendant hls .nl can maze g.os Va . @ ~ ~ ,ord
?aa @ the a1 and the facts AS they truly exist aIi iler '
o"0'H 0'O' '"' r. p SoxgRyiLlg Notary Public.
Ex-Judge Stuart have affidavit by the prisoner
recng at greater length substantially these facts ana
which also submit to the Court, ayerring that ne mas
valid defense etc. II Is more in form and up TO me re-
my own, perhaps. Upon them both ask for time, Tor
that proper preparations be made for the nanen
ancc this mans rights for the protection Of ms inter
ests for defending him against the indictment preferred
with this brief application wait for learned friends
response.
Judge Garvin-If the Court please IN regard to this
motion, will briefly say that never desire to put
prisoner to trial without abundant time for preparation
for his defense But your Honor s aware, in cases OF
this description and in all other OF crime that one
of the important elements which requires speedy Justice
be administered, in where there has been clear
violation the law II that OF preventing otnerS from
committing like Of3n,es The law does not proceed on
the principle of human Justice but on the principle OF
preventing crime in others great Outrage has Oeeh
committed In the midst of densey populated coIh,huh
and easily obtained. II seems to me- your Honor tnt
public justice requires speedy rial ana acypl OF ue
Your Honor on my motion last Thursday. week ago
to-day stated TO the counsel for the prisoner tnnt hg
weeks this fatal blow struck which hurled Mr
Putnam INTO eternity ana th.i P'ohef& m & wSn zen e en cDn
took the responsibility upon hn.ei ana ne Shond & be,
manls that he should vindcate himself II he has any
defense Your Honor then stated hat this case must 20
peremptoy to-day, and that there would he no post
poncmen of tile case unless there something extra
ordinary shown in connection with the defense. an
nounced then that was ready on tha day 10 proceed 10
trial and would be ready any other day II the counsel
would iii to designate It, or II the Court would desg
nate one. well remember the case oI great ilr0l
murder committed in England. The prisoner hed 10 ths
country. lie here arrested, exradlted, sent back,
and within week after his arrival III me ny OF Ion,
dom where public justice is as Wen adnin'te az IN
any other country on the face OF the Globe that man wa
tried, convicted, ana executed ana ttre mas neS tn
railroad murder since that time In England, IN ireland
or ~ ScSsn aq W MiS TO W that am and we
have heard OF railroad murder taxing place Since
in any community except tEs one we are no" eohsIdeI
Now, Sir in view Of all these circumstances ask that
this trial proceed to-day and there be witness this
wants will send any number OF Cihcef5 To pIlng
him into Court will agree that all their Witnesses are
will that they produced at the public expense II
this is guilty it Is perfectly clear case against hlm
row. or next day and let ii he known in this community
that there is mistake in regard TO this mans crime
We have 500 here for jurors from the best men in
our community oar business men, our merchans nave
LETT their business for the purpose OF coming up 10 the
temple of Justice stand the test and 10 be drawn
twelve of temto see that this man be tried, and see
whether he is guilty or not say, with the hotlce that
ready now to proceed and prove, 50 far can this
mans guilt If fail much the better for the prisoner
crime pnbHc Justice viii be indicated and We win have
another demonstration Of ustlCe not only ma dafy ana
truthfully but speedily, IN order TO prevent the cOus
sion OF such crimes hereafter
ExJudge Stuart-I have been unable TO see In the ar
guments of my learned friend any reason why TINS eX
traordnary haste should be insisted upon persisted in
There il nothing requiring any greater expedition III the
prosecution of this than any other case OF gravity
and importance. There reasons here why TINS man
the hest i'm his power and by the best means he can com
mand The law awards that 10 him. every grace
and charity of Justice ascrbes IL TO him. and the COM
mentary upon single case IN England mas no
10 the question before your Honor III was wen sau -!
Hcatrce Ccnc to Cardinal Camilio on the way 10 the
scatfod You are the cOnYlcts priest aS wen az the
Kings, my lord lou sr are thls praoe, M Win tbe
day as well the peoples, ana to you he LOOKS Win 'o &
same expectation for Justice ana Cle slihe l' 'e io
will get the public at large rely upon lou ion a ~
creise Of the high quality for peace ana oit, T. III ~
the administration of the law. know 700 wen tndt
thcre are sometimes in communities PERIODS Whlch, as
law writer has described, seem 10 be the rdSe OF ue
law and the rage OF public Justice The rage OF pun
lie Justice" seems demand some victim IL IS tor lhat
rrason-t il for protection against Wlat another WruSI
has called the laws dread auger-that YOU are hlS
the minister of Justice and Of fair and exact ana eluai
administration of 1t rs between the accused ana lno "c
cuser, the State -, 49,, ~, ...ooo.i
The only reason urged why this trial should proceed
Is that the witnesses at hand and may De easy hu
That is precisely the why there Is no necessity
for forced prosecution and bsty pursuit OF tue ac
cused Let him have reasonable time. say to yo tlat
ne has no counsel to-day ! say 10 YOU IN sinpe anu
familiar terms that could not undergo the labor alone
i could not-that would be imposed upon me III lhls
hl. Ind l.AnE .ul nLun- Ic.L.IC ON Lur low