New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-05-24

munity It ought to be- Necessity says It must be,
and g 90 say as lawyer but you good men, have
this case for II Is so drunk that be does know
eEn that Want Of no tsCS or f%%
drunkenness no does anything at all, no matter what
insane. Now, start from this, which true law and say
how much may be taken into consideration for this mans
criminal purpose and no criminal intent with in
heart and none IN his head, got this and
outside He paid bis fare. and then something occurred
what 1t it is hard 10 say. The ladies' say that he
made faces at them. The driver says no did not. Ho
do MT know whether he did not. He has rcoollec
tion He does not beeye he didhe feels in his heart
he did not AZ any rate Mr. Putnam weas forward and
drunk, provoked excitabe-if he has any passion
EARTH IL arises when he is drunk-he MADE an effort TO
get In the He finally went in, and Mrs Duyai says
something said although was not noticed by the
o2a but before Going out said something Mr. Putnam
as the witnesses say" How far are you gong upF
away from him. foster said, clincbing his fist aud set
Ting Gown his scat, as the ladies' say WIN rehark
ciseIy the same words, II will go as Tar as
YOU 90 and when you get of will give you hell" That
% a9 9s ssa h uT e did ne sy viii beat
your brains out. will Kill you yon villain: VIII take
would assault him, and If you have any doubt as 10
what he did mean you Obliged to give MIN the DOUBT
as well upon that point as upon the general Issue.
will give YOU hell he said and walked out Iaat car,
driver who not stand in this case as ne athnEted
10 make us believe he did says he came out ana asHe
aim he had car-hook do not know whether De ora
not At any rate ey tSa h rSse wh the
left the The young lady 't SISag dQ tSe
%o s h 70 Se soun Sd when he Foster
car-hook round the car to where hf; rat' an
and struck him upon me bead r ie tb ali there
il about it. Now, do you think he Thought ne k Il,
that bs Ay Esg cR ssa Mr or
mortal wound would he have gone To Tie paco be OH
known and would be recognized by those who were on
the carr You cannot suppose he Intended te YSi
that really happened He remained there taiked aWq
eaid some Iude words to or Two OF tIe
ors drank two more glasses OF liquor anu WV
home or was taken home by one Of the conductors;
He fell into a rocking-chair and snored and slept
You think he thought he hadi killed Putnam Why,
Certainly not certainly mott DO you believe ne nei1
to kill Putnam II he did not mean 10 90 ~ uiu yO d
ali rearkable doubt that he meant TO kill and murder
II he did, it is murder If he did not, IL Is not
tho first degree whatever else it may be- Now II Foster
head aud blown his brains out, that would nave Dee9
murder, but the act itself 80 necessarily Oa
death would be the evidence Of the intent The Killing
in such case must from such wounds as necessary
produced death. The instrument must ne hag 70 ISL
made to slay This hook Is 10 such tang III imports
in its character and nature no intent 70 XII,
but conveys to the mind only tho intent 10 as
sant and beat proves nothing except that by acc
dent Foster employed it to assault and beat Mr. PHtnam
him IL this instrument is not deadly PER Sc, then u I'M
ports such consequence IA murder by merely peins
employed in the assault az the hands OF the prsoer
lie did not mean to ki-the instrument Goes not import
intent to STAY In the absence OF intent the crime %
murder in the first degree cannot be Imputed 10 Tue
prisoner and the oense comes under the second egree
of murder or within some grade OF wansaugtier 20 tho
Jury 70 spare Foster the sake Of his wife and children
MR. BARTLBTT's ADDRESS.
Dr. Bartlett in following the part Of the prisoner,
narrated the circumstances which produced his con
necon with the case observing that the doctrine enter
tained by lawyers that counsel they would 90
what as men they would abhor, was reprebensioe. He
treated OF the great excitement which the circumstances
in connection with the Putnam murder produced IN the
he united voice Of the press called for the prompt pun
ishment of the offender He expressed his concurrence
in the demand for justice, under the convlctoh that
prompt and moderate punishment was the Dcst pre-
ventiye of crime. Experience showed that unless mol
crate 1t could not DC certain. Tue eAclttnient which
this horrible crime created was very great, but II was
little in comparison with the fearful emotions tDat ned
dispeed the sleep of ntoxication de woke WIN
dim memory among unfamiliar objects lie reea i'o
something Ofan arrest,somethng OF charge on cTie
taken TO the bedside of his victim for ldentihca
tion and days later his worst apprehensons were
realized What were the feelings OF the community
compared to the Intensity OF TIE prisoners Ieelmssi
capital crimes but remorse follows and 50 by this blow
the prisoner crushed The impression on his brain
needed the presence OF the widow clothed in her
sobTiey returning consciousness and knowledge
OF the terrible crime he had committed counsel stated
that the law of murder it formerly existed the
statute books which assumed the intent from the act OF
killing, had been repealed He argued that 10 convict
should ind, only Design to kin, but premeditated
purpose take life cited several authorities in sup
port of his theory He also cited the lay OF murder IN
the second degree, where NO Fermentation eAsteu'
ton in which he at the time Of the murder preeuded
the possibility OF generalization He briefly referred 70
the various circumstances in the case dSprOVlng the
theory of deadly purpose conteudng that the nature OF
the instrument in itself afforded evidence that no pre-
meditation was entertained lie called attention 10 Tue
evidence OF Mrs Duyal and her daughter, slightly com
mentng their testimony and concluded by asserting
that IL the jury had reasonable doubt as TO the degree
of crime of which the prisoner was guilty they should
under their oaths, give him the benefit or the lesser
THE DISTRICT ATTORNEYS ADDRESS.
DsrictAttoney Garyin then proceeded to deliver the
closing address the jury the part Of the prosecu
ton Nothing in tho case he said had given him greater
pleasure-if any pleasure could be derived from case
Of that descriptionthan to hear 1t presented by two
able members of the bar of this city whose reputation
in criminal matters was very high ana the % S O
one OF whom lJndse stuart %as b oceT
this county has had great experience he desired them
In remember that we OF the counsel engaged in the
defense this had quite as much ability and few
years OF experience at least III deteIse OF crhs
athis bar than he himself could possibly nave nau eine
from his merits opportunities 1t was another step
in advance to know that on behalf OF the not
single point put forward had overthrow, and he
should say if the prisoner had been defended Dy TWO
less able Counsel he should have felt great degree Of
timdity in presenting the facts of the case IN Its true
light. But all these matters did not bear Oh the nam
issue and before proceeding to discuss the main facts
and questions which would arise he desired that
he wished mans life. But what were tne iaets IN
counsel said So They started with saying that he did
the killing with an iron carhOok, without PIONOcatoh,
i'm the presence OF two unprotected women the victim
being a man who had done him no earthly harm. In
a case of this description they were called upon TO
settle but one question, and that was, What Is the
degree of crime Of which this man was guilty
the counsel say he is guilty OF great crime the whole
community rose ZIP the morning after 1t happened IL
was published the newspapers all said terrible crime
had been committed every man that read II protested
nv the heating and rapid hrobbng of his heart that
crime had been committed in the City OF New-forS,
adding another to that long list OF 0arDarou so
frequently waking from sleep, or salung US III tue
morning Journals The responsibility was with the jury,
not with nina the speaker); he was endeaVOrlng 10 per
form his duty in a plain way, standing upon che same
Main platform with them. They should always remem-