Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-03-20

lis- nov nearly two years since Avery
u. Putnam, d respectable and peaceahls
merchant of the city Of New York, was
nun Tered. under circumstances Of pc
0oliar brutality and atrocity, in the
public streets, as he was stepping from
car and assisting lady to alight His
olv ofGense, In the eye of the murderer,
was that he had protected q young lady
under his charge, from insolence and in
suit. His murderer had followed him
10 and, Ia literal fulfillment Of the
threat that che would give him hell,
had broken his skull with a car hook.
Ina little over a month after the COM
initial of the foul deed, the murderer,
William Foster, was brought TO trial be
fore jury OF his Countrymen in the city
of New York. He was defended by the
ablest and best counsel that the bar of
that city could furnish. His friends and
relatives were among the wealthiest aud
most respectable of the city, and every
means and appliance which learning,
ingenuity and legal acumen could stag
sest or wealth and social influence could
command were brought to bear in his
defence. The result nf that trial. In
May 1871, was a surprise. as well 10 the
prisoner his counsel and friends, "a tothe
people. I.-was % surprise. because it
a#sa righteous verdict and afforded a
4yot hope chat. at last, Justice could be
ueytol Qut 10 the guilty, even in New
YORK. sentence Of death WAS passed.
But Judge Pratt interposed a stay Of pro
orejinr and granted q writ Of error, that
cLo case might he ryiewed andeXamiHcd
9Y q higher court This action caused
burst of Indignation from the press II
New York and elsewhere, and il was
lou = proclaimed that there was no
hope foT The punishment of crime with
fhe courts. We thought then and still
lhink, 'hu the action If Judge Pratt
was not only strictly legal, but exactly
right and proper Avery D. Putnam
was dead, the delay could make no diff
ference with him. AZ the case then aud
now stands he was, so to speak, mere
incident to the transaction The whole
matter, then and now, was between the
whole people, with their outraged and
violated avs. an the one hand, aud vii
liam Foster the alleged criminal, on IN
other Every one knows, OF ought to
know, that there are degrees and grades
il crimes. 1t may or may not he wise
shat su h distinctions are made II Is
the people. however, acting through
their representatives, who have ordained
these distinctions. They arc established
for the slfDty Of the people, and it is
necessary, so long as they exist, that
they should be regarded. The safety Of
the people Is the safety of the individual,
and whatever interferes with the rights,
safety or protection Of the individual is
dangerous to The whole. 1t was, there
fore, light and proper that Fosters case
should receive the closest scrutiny, that
be should have An impartial trial by
:, NY, free from all prejudice or bias,
3ho he should have the benefit of every
3onf,t aud if his crime was Of a less de.
gree tn IN murder, that it should be Sc
iaoIor,a and the benefit thereof should
miro n III II This was due not only &c
Foster hnt o every individual member
If the comm unity, We all need the
nrotaction If III flaws. No one can tell,
guilty or innocen = how soon he may
need IN throw arou, Nd him for his shield
and protection, the wise and humane
guards of the law F,Nr these reasons
and NOT that we had any doubs OF
Fosters guilt, we rather reJoiced thai
judge Pratt bad the mor,G courage. IL
spite of the press, the pulpat and the In
stiate and senseless popular ctamor, &c
grant him all the rights accorded by the
laws Of the land. If ever man needs
them 1t IL when he is on trial for his lite
and a mob clamoring for his blood, re
sardless of the question of his guilt Of
limo ence For similar reasons, we sus
tanned Judge Davis course in the Stokes
casa. But to pass on. Fosters case was
reviewed BY an intermediate court ant
then bv the Court Of Appeals, the high
est court known to the laws of New
York. Both courts have found tina
William Foster was guilty OF witul anC
deliberate murder in the taking OF the
rife OF Avery D. Putnam. They decided
further, that his life was forfeited, anC
sentence of death was passed according
IL. While, as a general rule, we believe
that the decision of courts should BIZ
taken az final ON the law and facts, We
il somstines happens that where circum
stantial evidence Is mainly or entirely
relied upon, new facts and circumstance
may develop themselves after a tria
and conviction, which alter the Who'll
case and render some further action
necessary aud proper. Hence the powe
Of reprieva, Communication and pardon
has been wisely provided for. Thi
-'er Of reprieve has been exercised b
e p @r Dix In staying the executio
IS 70 Iii next Friday, and we hav
81. - A. herewith. We surel
would not begrudgs' this poor, cor
demnsd man, murderer {. ue ~ ~
short weeks In which to pl, oD's -
eternity. But what shall we say G. " -
means and appliances used 10 make tn.
respite perpetual. The same newspaper
that, hitherto, have painted for blood, 8
10 speak, ca the plea that human lit
was net safe, now arsing Sommutatio