The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-08
THE CASE OF FOSTER, THE CAR
HOOK MURDERER. lL
What Juror Says After Having Passed
on the Trial and Reflected on the
Facts.

Wh~t - Juror says AFTER having f>asseu
on the Trial and Reflected on the
Facts.
NEW YORK, March I, 1879
To THE EDITOR OF THE HERALD:-
DEAR SIR was juror in the Foster case, and
have osen called upon to sign afidavits, petitions
and to write to Governor Dix; but have declined
to interfere in this matter, believing that when
left the jury room that ended the matter.
The recommendation to mercy would cause
the whole case to be reviewed and other hearings
had; and l was Of the impression that the
two jurors would be perfectly satisfied with the
verdict If the Judges rulings and charge were sus-
tanned. They have been If have read the reports
correctly. Judge Cardozo's remarks were OF this
character. He says:-"If a man was walking in yon-
der park and was struck with light walking stick
and 1t resulted in death it would not be murder in
the first degree, because ninety-nine times out OF
one hundred it would fail to kill; but II he struck
with o bar OF iron ibid he not mean car-hookO
1t would be murder in the first dsgree.n And why
!, the only one OF the twelve jurors alive. do not
ask HIS Excellency to change the punishment is
because don't see how can consistently.
The story is very brief OF the dOings OF the jury
+! have not seen 1t in print. The first move was to
discussion. The result ten Tor murder in the
nrst degree, and we afterwards ascertained that
two were not sure that he premedltated it or that
car hook was murderOus instrument, and
Thought lesser punishment would cover the crime,
uut SILL tuOuSuI u man bndC ulu not care Wnetner
he killed or not ought to be hanged. One of the
jurors mentions my name in an affidavit as having
said that did not believe that he had designed to
Kill Mr.. Putnam This juror Is in error did not say
so, and cannot believe that when lie (FOster) told
Mr.. Putnam that ''he would ride far as he did
and when he got or he would give him help were
idle words for they were spoken between Thir-
teth and Fortieth streets, and he went to the
front door and waited until Forty-sixth street was
reached and the car stopped. He saw him Put
nam getting ef and catches the car hook mot q
wire as the Sun says, but bar OF from and starts
for his victim. The driver catches him by the
collar, warns him, but he pulls away and
strikes from behind, not caring whether he
Kills or not. Is he drunk He knows that
they Will miss the car-ho0k If 1t is not the car
when 1t reaches the depot and he runs forward
and throws 1t on. What is generalization in the
eye OF the lawr DR.. Tying in his letter says it was
done upon the impulse OF the moment. l think the
Doctor in error. The Doctor further says that he
was good Sunday school scholar. All me is it
only those that haven't heard Of our Father in
heaven and never knew the better influences that
school, my education tells that If pity is to be
extended to any one 1t is to those that have
come under those better influences that we find IN
our Sunday schools and chur ches have been on
lures in civil and criminal nearly every year
for sixteen years, and would strongly recommend
that the law may be so changed that nine out OF
twelve jurors may convict. l was a Juror in the
King case. TWO juries had the unpleasant duty to
perform jury duty in this case. One stood eleven
for conviction and one to acquit the other ten
and two against conviction. Respectfully,
WALTER f. BARTLETT,
2lS West Fifty third street.