New-York tribune., 1873-03-20
EX-JUDGE EDWARDS PIERREPONT'S PRO
TEST.

execution.
EX-JUDGE EDWARDS PIERREP0NTS PRO
TEST.
AN APPEAL TO THE GOvERNoR-THE PUNISH
MENT GREATER THAN THE CRIME DEMANDS
JUSTICE AMPLY INDICATED BI IMPRiSoN-
MENT FOR LIFE.
TO His ETcellency, JOHN A. DIX, G0uernOr OF
N, STATE Of New- York: Whether William Foster shall,
within few days, be put to death in accordance with
the Judgment OF the law whether his sentence shall
be cOmmled to Imprisonment for fe Is the grave ques
ton presented your Excelency. The record of your
past life assures the public that when tho case shall
have been fully examined you will proceed to discharge
your duty, however painful, and that you will shrink
from no lust responsibility to escape the temporary CEN
sure of unjust criticism. The highest tribunal in the
State has decided that upon the presented by the
Error Book the conviction was not unlawful; ana, In
my Judgment the legal questions upon which that emf
neniy Just able Court have passed are not open to
review by your Exccllency. According to promise
made when YOU were In New-York several days ago,
baye given the entire the most careful investga-
ton and brought 10 bear upon 1t the best 1udg
ment OF which am capable.
On the evening OF April 26 1871, Mr Putnam, the de-
ceased was riding up town IN a Broadway car having
under his care Mrs. Duva and her daughter At Seven
teenth-st William Foster total stranger to Mr. Put
nam. stepped upon the forward platform Of the car
alongside the driver As they reached tue Gsey House,
about Twenty yninthst, the daughters attention was
called 10 the new clock the building and she went TO
the forward door Of the to look at tho clock and Mrs.
Duya went also to look HembOld's new store in the
same building and Mrs. Duval sat down, Foster,
from the front platform, she SAYS, "Qoked ~ the
window and sneered at my daughter and laughed"
After this Foster opened the door several
times and rudely looked in Mr. Putnam went
to the door and said: IL will not allow these
ladies' be nsulted they are in my care, Sir" Mr..
Putnam continuing his rebuke, went out upon the plat
form aud closed the door behind him. and warm alter
cation place. Mr.. Putnam returned into the
and after Foster entered and behaved that the
conductor came up and ordered Foster to SIT down and
be quiet. He took his seat and began Laughing and
ieering" Mr. Putnam said: "Had known you were
in LIQUOR would not have spoken to you" and turned
his back upon him. Foster retorted by vulgar threat
OF what he would do 70 Mr. Putnam when he LETT the
car The car reached Forty-sxth-st and Mr.. Put
nam got out and lie assisting Mrs. Duyal and her
daughter aght, Foster struck him with the car-hook
upon his head causing wound OF which he died three
days after Soon after this occurrence Foster admitted
that he made the assault upon the deceased but sad
"he guessed he did not hurt him much" Foster was
arrested at his house. the same night, between 2
and O'Clock with all his clothes on. and still beasy
drunk
THE COMPROMISE VERDICT.
Within 20 days after Mr. Putnam died. Foster was In
diced by the Grand Jury, and put trial before
the petit jury for the crime OF murder The jury were
out part of day all night, and until lOi O'Clock on
the following morning. when the jury rendered YER
diet Of murder in tho first degree with recommends
ton TO mercy Judge Cardozo presided at the trial
The prisoners counsel Mr Stuart asked that the jury
be polled "The jury then poed when each Of the
Jurors answered in the alternative that such was his
verdict"
"Mr Stuart-Before this jury s discharged ask the
Court to nterrogato them to this fact Whether or no
that verdict has not arrived at upon compromise
and consultation ana upon the condition that recon-
mendatiOn to mercy sheud be made !"
"The Court decline to poll the jury In any other
way than the usual The verdict stands recorded
BY our statute the crime of murder the first degree
is punishable with death. The crime OF murder in the
second degree may be expiaed by suffering imprison
ment for 10 years. The jury We're Well Of this law
They did not believe that Foster had "premedtated
designs to effect the death" of Mr. Putnam they feared
that II found guilty OF murder the second degree Fos
ter would be pardoned after o short imprisonment and
the ends ofjusce be defeated; and they were assured
and believed, that IL the prisoner were found guilty OF
murder In the rst degree the sentence OF death would De
commuted Imprisonment for life If to
mercy accompanied their verdict Upon this theory they
standing IL is entirely clear that verdict OF guilty OF
murder in the first degree could not have been obtained
The jury believed that verdict or murder In the
second degree would bring punishment quite too light
for the crime committed. They knew that verdict OF
premedtaed design to effect the death of Mr. Put
man, not u accordance with their view OF the facts
assurance that a recommendation TO mercy accompany
ing their verdict of murder IN the first degree would
ssary result In imprisonment for life, they rem
dered tho verdict which stands recorded; All doubt
upon this question is now removed by the atdays aud
statements OF the jurors which will presently con-
sider Under the law, there CAN be no such crime as
murder in the first degree Unless It clearly appears be-
yond all reasonable doubt. that tho homicide was per
petrated from premedated design " euest tue uoa'h
VI the person killed" <VNFR~
RULINGS OF THE COURT.
And in this case the Court laid down the law III these
words
Before the jury convict the prisoner ofmurder 10
the first degree they mus; find from the evidence that
the prisoner had specific premedated design to effect
death OF the they must be able to
beyond o reasonable doubt that such was his specific
design. IL the Jury nnd tait tue prisoner; when he
deceased only. the death" "resultg from such assault
does not amount IN law to murder the hrst degree
If the jury have reasonable doubt derived from ell
the evidence, as to what intent the pflsoncr hau IN
assaung deceased they bound ~ give the prisoner
the beneht OF that doubt, and lind The lesser intent
To make out In thls Instance, case OF mnuor ~ the
medtaed design TO effect DEATH other species or
quality OF malice is sufficient, and this malice must be
proved, ahrmavey 70 have existed To the satisfaction
Of the jury beyond reasonable doubt. Whatever the
intention OF Foster assautng Putnam have been
II IL not premoditated design to take Putnams
fe II matters not how long tho intention had been en-
tertaned does not constitute murder IN the first de-
The fact that the prisoner came forward yOunta
ry and his name that OF the unknown man who
made the assault Is proper for the jury to consider
bearing upon the question whether he mad any inten
non 10 make a fatal assault"
Before the Court OF Appeals nothing went but the
simple record OF the trial aud the nnal verdict OF the
any IN law had been committed the trial de-
manding roversal Of the Judgment below. The court
found no such error ana ts jugment Is conclusive 40
the legal questions raised by the record
cernoi But outside the record, the record