The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-09
The Tactics OF the Jury Box.
NrW V0pu March 10,

protection to society is entirely ignored
Respectfully Yours, SPLINTERS.
The Tactics OF the Jury Box.
NEW YORK, March T. 1878.
To THE EDITOR OF THE HERALD
In an editorial In the HERALD this morning the
hanging OF Foster is advocated. Although do not
know the concerned man or his friends, think 1t
would be nothing more than judicial murder to
hang him, when taking into consideration that part
Of the sentence OF the jury which convicted MIN,
viz, with recommendation to mercy, for It must
be clear that without this provlsO the jury would
not have agreed on verdict II it is true that the
Jury was assured by one OF their number, who pre-
sumed TO know that with their recommendation to
mercy the punishment would be lor lie in the state
Prison, was 1t anything more than fraud against
roster on the part OF the learned juror thus TO de-
celye his associates. Very respectfully,
JOHN WINTHROP.
Money and Means Against the Memory
OF Jack Reynolds-NOvel Points for
Criminal Law Reform.
New YORK, March 8, 1873.
TO THE EDITOR OF THE HERALD
II was the statement Of one OF our privileged
classes who lately had greatness thrust upon
MIN" that changing was played out in New York."
IL ne mad added to this q few words
more-t0 wit, that hanging was "payed
out ~ long as man had money in New
YORK." he would have been technically cor
rect. Who is able to name one of the many afro
cious murderers in New York that had means at
his command who has paid the just penalty for his
crimes BY what right do those who show no
mercy crave it Men who wantonly take life, or
execute with their own hands the bloody purpose
OF revenge are willing to crawl before
q. jury and, with perjury and dissimua-
ton, deny their guilt IN order to prolong their
worthless lives. man is murdered, every insult
and ialsehood heaped upon his memory 10 save his
IL lnof In
the case of Foster all the delays that the law
allows or that learned counsel can procure IN any
great dead Of money Is being spent to influence
public opinion In his behalf. Two entire pages in
Yesterdays Times were devoted to him. In order
to prepare the public for q communication of his SEN
tence repreve has been granted. Now, the only
thing urged in his behalf is that he, did not intend
to take the life of MI Putnam. or what Importance
were his Intentions. He struck nurderous blow,
and as to its results he was Indifferent.
me san Mr. putn sn a aDSn vso na ss ss
An unprovoked assault II he only intended to do
him some harm, why did he not use his fist instead
OF seeking out this iron bar TO break In Mr. Put
MANS skull. whether Mr. Putnam lived or died
did not interest him. suppose Foster were TO fire
q gun into crowd and Kill Mr.. Tying, would his
friends say there was no murder because there
was no intent to take any particular life.
Three things are essential TOR the protection of
life and ought now to be adopted:
FtrSt-Execute murderers when convicted. 1t
seems to be the only thing that they fear
Secoa0-Aboish the plea OF insanity. Let that
d0nng power.
Thtrd-Embalm the victim of a homicide and
bring his body into court on the trial OF the indio.
ment tina. he may not be forgotten.
EDWARD VAN NESS. l41 Broadway.
Throw the Blame on the Surgeons and
Save the Man who Is Not q Rough.
NEW YORK, March 8, 1873.
To THE EDITOR OF THE HERALD:-
AS the HERALD is prOfessedly an independent
and impartial paper, presume you will give me
space TO say something in opposition to the blood
thirsty spirit, manifested in the several articles in
your saturdays issue, in regard to the Foster
case. / wish to say that no Intelligent fair
minded man, who has made himself fully &C
quainted with all the circumstances connected
with the death Of Mr.. Putnam. can believe that
Foster intended to kill him. Foster is not a
rough, as his whole ife up to the night of
this fatal occurrence, fully proves. There Is
every reason to believe from the testimony
OF eminent physicians, that the blow given by
Foster was not death blow, and that Put
mems death really resulted from the want
| OF proper surgical treatment There seems to be
spirit OF revenge manifested In the articles referred
TO, very much akin TO thirst for blood, total
disregard OF the merits Of the case. To say there
simply to confess an entire ignorance OF the facts
in relation to the crime committed. The jury were
| in doubt, or their recommendation to mercy is a
| fragrant absurdity. The law requires that there
shall be positive proof Of an intent to Kill to justify
| q verdict OF murder In the first degree. There Is
the highest legal authority for saying that no such
| proof exists, or was produced on Fosters trial.
IL Is clear therefore that his execution would be in
plain violation OF the law as well as violation Of
duty on the part OF the Governor OF the State. F.