New-York tribune., 1871-05-05
THE COURTS.
TIE FOSTER TRIAL.

The Oyer and Terminer courtroom was
packed yesterday morning with motley crowd Of law
yers witnesses jurymen, and oafers, drawn by desire
to catch glimpse Of william Foster who sta ands indicted
for tho murder of Avery d. Putnam and who was pres
ent plead that Indictment. Judge took Ills
seat upon bench at early hour District Attorney
Garvn appeared for the people, and the prisoner was
represented by exJudge Sydney II. Stuart After the
usual formal opening OF the Court DistrctAorney
win rose and moved the prisoner be placed
bar.
Judge Cardozo 10 an oficer-Bring William Poster
tho bar.
Judge STUART am prepared II the Court please, 10
submit special pea-time for the preparation oi "ch
your Honor was kind enough afford me by adjourn
ment from yesterday until todayeither with oT with
ont argument, according to your Honors Judgment
prior to pleading generally to the indictment
The plea was then presented, asfollo"s;
Court oyer and T1ntnThe People, &C., ast William Poster
Casp nd having heard the said read That The
% Cor. her: C1h$ $ nG e ss 1. pi II ssea pro-
s he is not gy thereof the said William Fo,
5 the .S Gse%sT %s s s sly Ps i'1S na SI @ % e
st and @ 9. ,n Sy @e tSn %5 he 5
purpsts 10 found presented became the ssd term O. n
j%y J@1 ,fSres we're apsHns and was % sPgGs1ss s:
." Sewyoa in and Cor the Judicial District, By certain Oer
BY ssI Justices duly made according 70 law whea Aa on 9ua & S s
spd m and Juc to bold The am appon ooors
0s % 4 + be 1s & saa ai s s o. Ss c%l
aforesaid to bold the ssue apd she deeoaA ~ Ta,S
q Si, be nS S Hsf q ,"i for tss Moo Ma s
been duly made S In md & S % aS xS 1sr justice @s' %
aid said Of the CCart Of oys and da, ~,
seeorfns 70 law aud b. the said Governor pied . 10
the s''.se .ssEs Samed of S's from did tn. ''sR
bench Of said Court ss one OF he IuI NO
@ the ard that the ,d Jaes 9 %
ssunsd !se DG ann made and ereapon aeo as doe, act
oss tse vf appointed sad dsaiId 1S s p.,S
mat hs I'D First r. Jes cOsTT DeDt%eiSs IF
And e aid defendant iSse & ilyi I 3 CONT of Over and
nane The ,r oe u,s S be held on the MOn
ia7i by Which said alleged [and jury were
'n he said alleged bill o. indictment rot io1Hd
by Grand Ju day ;SOn % ,nS $ II % Coun New.
York said defendant rs judgment Of TIE .a m % e, by
the sane BE 3aa,se Sn I G S aid to be
Grand Jury duly @p%nsd I ,s1Tn @ ,6 5
bod County because as he say. there Ia' no I'd m
% Ct and Cogniy Of Monday Of MAJ l57l other
M Of S ,sd 5 IIss on s @ 'p soSd S IT, @
Justice. Of supreme Court the people Of the STATE OF N
r aSy made bv them behalf the 18Th day NOvem
beT Iss9 which & is IS sGoT, s 5 Soin 70 to the m section 0, til.
Code Judges the FIRST Judicial District do hereby appoint % ss
CJ HewYork for the said district for the year l as oo"'
be held the first Mondays of January April June
Te for enumerated held the srs. Mondays
Of FcbrHsry Msrcb May, October, and Deceube,
sry, Nav, October and December.
MAY Oete aud Circuit for January April June,
'O s Term, for motions and Chamber business
MS Part Cn Court and Oyer Temner CsrorO; and that
the aid Hon Albert Justice Of the supreme Court aforesaid
designated and assigned to bold the Oyer and en
Excel the Governor Of the YewYork y certificate
Ss o I1 a. ss one Of ne justices Of the supreme Court state
compose General Term of The said Court In anu f the rrt
D,trct Sn the said Hon Jce aforesaid thereupon
and acted as and has ever
,nd f the Justices sad General Term Of
Grand g jay being % % q r 20 M a Si eaS T sn s GS
SCALED Grand jury which presented Indictment and which
a Grand a | S sssy o o9q May or @ and this % ready
ver Wherefore and because te sad age oI o. r1 AZ Tss S
Ssi sSq sr G TS pSS the body e
cy s an Of 9Gn assen, and said
dShis and s. aa Ssfe4dss &c for further behalf Of
Court the .. puportng S to be "a S Of 1s
re and bn and for the County q SeTloS became he
s q G @ 5es. a % 5 s SS SSS cca ss$ Ss % I Ss % 1S %
y, s sFd az i, ts s s. n; sS AS b.
him @ d s II Of ' seSTss Sfs Of desd s 'tS'''a Be- hs &
Governor whole beah Of the justices Of hs ,d supm
ana First Jadi Department and that The said Justice there
so compose sGd General Term, ami such
And that on the MoudAy Of May 1871 the said Court Of Oyer
Of NewYors aud Jury the pui
then and there npaned nd b The Jse
mentioned for TIE first tine at or daring the said term Of said
WIror be"sue the said alleged bin Of cmen wa. not found at
Oyer aud Tcnne legally had organized connte
o the State Of SswYo the body q she Count Nego
slSs sssTsfSS Pc G'A'n'' ''' 'H'' ''' ''''''-'
sbov named beng daily says that the foregoing pleas are true in
Suorn To h fOre Inet
WV McCossKLL Notary Pubic City and County Of NewYort.
Disrict-Attorney Garvin-I denur to each and every
one OF these pleas and claim that there Ia nothing In the
facts therein contained which affect in any way this
indictment. All have to say
Ey-Judge Stuart--Onc moment
Judge Cardozo-I don't wish to hear you, Judge Gar
VIM Have you any thing to say Judge Stuartf
Ex-Judge Stuart--I have nothing TO say; submit my
plea the Court for Judgment unless the Court wishes
District Attorney GarvinI don't wish to say anything
except To read single section OF the statute.
ExJudge stuart-I object; If anything is to be said
Judge cardozo Ito Judge stuart)D you wish to speak
ES.JudSo Stuart No, your Honor Join issue upon
judge Cardozo Immediately overruled the plea hold
ing follows;
A, long ago 1855 tn. MeCaron The People y
the Court Of Appeals aud decisive against the
GS,Sa "rs i Se Supreme Court to Oyer and while s
ses Of sas s c@@ t % PP mas s Rsd Rs' the 81 %
TIE functions Of Justice of the sapreme Court although sitting
The Cour OF Uude Constitution then existed
vision be made by law for the Of Judges Of the su'
rrme Court the Court Of Appes Under the
IL now stands only ference which affecting
The onpcpe Is a Of being designated sit in the Cout Of
Anua thew are Term In both Consu
ohs in article Ith) n which the provision made for saeb
atom and aer such provision is declared that
Jsce Of The Supreme hold Special Terms Circuit Courts
and Cor Of Temner TIE amendment Of the Constitution
h.rfe has NOT paired applicability Of the have mentioned
The which In accordance sh the Constitution Three OF
the judges designated hold Geaers m does not attempt
20 and indeed could not prevent er holding either
The plea be overrued Judgment onrd
Ior the beope and prisoner DO ordered plead
Ex.Iudge stuart-I will now enter an exception TO
your HonOr's ruling
Mr.. Vandervoort (the Clerk)-Stand up, Foster.
Ex-Judge Stuart-He pleads not guilty.
Mr. yanderyoort-You demand trial and plead not
guiltyi
Foster dn an undertOne)-I do
The said he thought the interests OF