New-York tribune., 1873-03-06

second Inc Jury nnallY cOncurrtd IN n Verulcb oi
murder the rs degree upon its being represented by
OF their number that accompanying recon-
mendaton mercy would necessarily result the com
mutation of the sentence Of death 70 imprisonment for
life.
Thtrd That in the opinion OF the undersigned, the
verdict could not have been obtained except as com
promise the different opinions Of the Jury, some OF
whom refused unite IN verdict OF murder in the first
degree with its resulting Judgment Of death, and would
have refused their altogether, bat for the
that the accused would by virtue OF their
unanimous recommendation 10 mercy, be assured the
mitigation Of sentence above referred 20
Fourth some Of the Jury OF the opinion that
intend 10 kill him Others OF opinion that, even
II nc had actual intent XIII him, vet "A death re-
ali felt that IMPRISONMENT for life not too severe ana
condIgn punishment for his crime and we all con-
CURED in the recommendation 20 mercy, believing, as
did from the eVideRc6, that while he struck with an
Instrument which proved fatal his act was one which, IN
with the extreme penalty cf death. We endeavored ~
discharge duty faithfully in finding. and we re-
together intended and that the defendant Justly
entitled 20 the benefit # The unanimous reoommenda-
which II could not have been obtained.
have the honor to be, with the highest respect
GEO. K. CHASE No 81 East Tentn-st., N. Y. CITY.
Ne'' York, Feb. 7, 1873
We were members OF the jury In the roster case ana
SAMUEL DowDrSG No IS Fourth-ave.
+. L. HOAGLAND, No. $50 Westst
HENRY LEo No. $40 West Thrty-third-st,
r. Y MARTIN, No. 70 Orchardst
JAMES DANIEL. late No 4o2 Pearl-st
I concur in The accommodation 10 the mercy OF the
g KLABER, No. SOI West Twentysxth-st.
AFFIDAVIT OF SAMUEL DOwDING, ONE OF THE
JURORS.
The People 0f the S1te Of Neo York agt william Foster.
Cit and County Of Neo York, SS: Samuel DOwdng OF
said city, being duly sworn, says That he was one Of
the jury this Who the 25th day Of May 1871
in the Court Of Oyer and Termner and for the County
OF New York rendered verdict against the above
named william Foster Of guilty Of murder IN the first
degree. with q recommendation % mercy
DepOuaut further says that during the retirement and
inry-room some OF the jurors OIr. William &. Rogers
of the numberl expressed tine opinion that II the
Jury found verdict murder I'm the first degree the
a.. - = Iser crirn In yy,nd he setfjnr mn mad exam
pie to the community and that said Foster would escape
7at dDIncrt ant Robert Usher IT, another OF said
uIrv we're firmly convinced, upon the evidence, that
said Foster never intended % XIII deceased, Avery d.
Putnam, for the murder OF whom ne was then upon
trial and only consented 70 the verdict rendered under
impression that the recommendation Ia mercy Whch
accompanied it would necessttte the imposition upon
degree, 70 Wit Imprisonment for me- ana that II tey
mad learned before the rendition OF said YER
diet they would have consented 10 t mat during
S T @ r p,~+ft s5d one or tyo others of said jurors
whose names not now recur 70 depOnont, whether,
before Cod they Thought that Foster intended 70 Kill
SAID deceased, and they sad tAlt they dd not thnk So
DepOneut further says, that he resides at No. -
run SAMUEL DowDING.
Sworn to before NC this 22l day Of Marcn, 1872.
FREDERICK SwARTs,
Notary Public, in and for the County OF New-IOrk.
AFFIDAvITs OF R. USHER AND L. Y. MARTIN,
JURORS.
The People Of the Stte Of Nc0 York dg. Fi|tdm Foster.
To his Ercei'oney Gov HOFFMAN:
l. R0ber Usher jr., OF the City OF NewYork do hereby
certify that was a member Of the jury who, IN the
month OF May, 1871, tried and convict d the above
named defendant, in the said city, Of the crime Of
murder in the first degree, coupled with recommenda
ton to mercy; that during the de0eraon of said Jury
in the iury-ruom was as am now, OF me opinion
that defendant did not intend 70 XII the de
ceased, Avery ID. Putnam for whose murder he was then
uuon trial aud that during such denDcrattOn stead
fsty adhered TO the opinion that the defendant was not
guilty OF any greater crime than murder IN the second
degree that ny opinion Vas ShaleI oy OIleis o Lhe su
iury-Nr L. wdiu and M. Chase being Of the number
that certain Of the jury also SAID that they would nnd
verdict OF murder IN the second degree, Il Iey 1u hos
that the Government Was not 10 be trusted ana hat
said defendant would oe pdTdoned OUT 0l state ftsVn,
and be again let loose upon te community tlat many
t was represented by Mr. Roger, OF the jurors that
he lawyer, ana tEat yefuey 0I lhlrueI IN lAe
nrst degree eOupIeu WIZ q - me w
would said defendant rehearlng OF MS case
before Che Governor, whereby the impression OF myself
and some OF my ielOWJuIOis, tIat naAeu SeIuCt VI
murder In the first degree would leave sad defendant
remedess ana necessarily result III ms executon was
removed and the jury rendered the verdict OF murder IN
the belief Gov. Hoffman would have an opportunity
10 correct aud remedy any error they might IN their
Ignorance o Law. commit. Most respectfully yours,
ROBERT USHER, JR., 235 West Inrty-fourtA-st.
cffJ dd coarty Of Teio York ss Robert Y Martin of
No. y Orchard-sL, NewYorK beng sworn, says: That
he Was one the jurors who convicted William Foster
of murder the first degree IL the mouth OF May, 1871
That the jury were out ana dsagreelng from II a. IN
until a. i on the following day That all that time
the Jury disagreed upon the question whether the ao-
cused had intended 70 Kill Mr.. Putnam or only 10 beat
vei ct murder IN the first degree, but he Is or
opinion that agreement on such verdict could have
been obtained jurors had not been convinced by
the statements OF OF them that verdict OF murder
the mrs. degree accompanied by unanimous recon-
HHfurt
by the Court or the Governor rs would Dnng the sen
tence down 10 imprisonment tor life.
The depOuent has read tine statement OF Mr. Robert
Usher jr dated March 3O ls72 70 which this attached.
and approves it as exactly true statement OF what
sworn 10 before me, tins 2sh day of January, Is53
Q. W. GOULD, Notary Public New York County.
LETTER FROM II. C. ROGERS, JUROR.
Gen. JOHN A. DIX GoUerHor Of The Stlts Of HepY
VIII you permit one OF the jurors who united in
the verdict in the Foster to state that while We
thought it our duty death resulted from blow in
dicted TO nd prisoner guilty OF murder in the first
degree satisfied, by the evidence, that the
was in which would be unjust 70 nic the penalty
Of death, and We therefore unanimously recommended
nm to mercy Without this recommendation the verdict
could not have been obtained We thought then, and
still think il a case which the sentence death should
not be inflicted and in which The punishment should be
commuted Imprisonment for life Very respectfully,
your Obedlent servant, H. T. ROGERS.
Nes0- York, Feb 10, 1873
LETTER FROM f. J. H0TOP, JUROR.
To His Ezeellenoy, Goo. JOHN A. DIX, AIbany-Sir:
have Of the jurors the Foster trial. May,
1871 rendered verdict of murder in the first degree
with a recommendation to mercy.
To-day, when only your clemency save Foster
from suffering the extreme penalty Of the law beg
renew this Recommendation for your kind considera-
uOn. Very respectfully, r. J. HoTOP.
hel0. York FeD u. 1873.
AFFIDAVIT OF MR.. HOFFMAN AS TO ONE OF THE
JURORS, NOW DECEASED.
city and County Of 8elo York. ss.-Philip L. Hoffman
No K 10 he tV of Deiu