New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-02-17
THE COURTS.
THE CAR-HOOK MURDER.
FOSTER DENIED A NEW TRIAL.


In the case of VIM Foster the car-hool, murderer,
The Supreme Cou General has md the udguen, Of 'he Coa
below Judges Insrsam Brady 10th giving opinions The case will
probably be taken Tire Court Appea Judge Ingraham .ay
Tie prisoner convicted in the Oyer AMI Temner Of tie crime Of
in the first degree wat Of error was sea Cn n our
tGn the aTseat o 'e case e e 91syD b lie DIS
cles counsel Tie Killing produced by one OF more blows Win
us charged Jury tina the Indictment they could convict
Of masf n TIE [fSpd Ses was ia re iSr cai oa,t
Tl7le IN ths seeSai dsiee This wa. Reused, onG ne p'
es2cn with the intent deceased bui without design
enec: death, such killing would be murder in tte
oSd 6 d to- 5 s o '1f %ssi i' e nS,s
warranted he "a Oh a night s1oi oil T.I II TIE e seSoG
only erded to MAIN the deceased and not 10 all him. ten tie statute
te Tie Gustos neccr to be exam neil OF hi,
l, WHIT m~an, b. the term any eony an whether = can be
ben slch REFER and which establish tho
' T Isi %hcs an acu S M murder in Tie s degree
The jury may ni o gy Of 10y , CO.. o. e ' oe ou No
Seoai: Tl,i fe sc wishes to prevent conviction Of Murder
the degree be slou the Conf to charge the jury that
the , S u T11e error cgs uT b,, the sccrd could
be convicted Of mHrer the second deree OF 70 the bfn
where tie on felony leHenor proved was the bio" which
fr: Instruction atEei for in this case It Va,
Necessary & tie eace hor sto~ that the prisoner vas engaged
The Application Of these is decisive OF the question
Th Ia esg 1rSasa fam. oe p' tp py 1 rbee
e gd IN ~ss zoe e" WHICH saeI e
s q NE he iase a. be e, deheon ssd
FORE sIsns he blow II the dis not believe Ma, Ter had premel
tate! intent to l then The charge ofmge III the bT degree ia
The, instructed tia; they might l the prisoner guilty Of any
degree and hth hal any doubt as to the degree ~A' their day
10 convict Of the lower deg.ee.
favorable 10 the could
be q the Court under the sce and that ere was no error
refusal f. charge upon the Point which exception was taken
Judgment shOuli be affirmed
Jlge he thOry which the counsel for the prs
rest their right to hse instructions s that the prisoner, when
ceased did intend ILL., bot to MAIN him and intending to
msir be engaged in the commission OF felony Assuming
Intended fracture Of the sAul by personal NO
lncs would he feloay II not the felony contemplated
by the statute relating murder In the second degree.
think fair criticism upon the proposition Of the prisoner
bIesA the SKULL ana 10 k almost hen
teal intention CONN ently daus in itself
he allowed and jnc; lace from the intention 10
should lie quite sufficient uch 70 leave the question TO
the BJd to el DEATH and that TO
rive dontt thai might exist the subject The
81 instruction, and also that under the
indictment might find him guilty OF murder tee second degree
all k that the courts v rcceie from he Proposition that
when held shrA must be sh to deprive The
offender power from When Voluntarily
condition which makes him dangerous society he mu
iudi-crction
h, m but to the oa u - reItey It must ccHend Itself as al
impor ~ the rights aid Lives OF our lttpa