The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-20
AuGUsv ~, 1871.



Judge PicrrcpOnt ON the Case.
To His Excellency JonN A. Dr. Governor Of the State
Now 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 commuted TO I'm
prisOnment for fe Is tho grave question presented to
Your Excellency.
The record Of your past life the public that
when the shall have been fully examined you will
proceed TO discharge your duty however painful and
that will shrink from lust responsibility to
the temporary censure OF unjust criticism
The highest tribunal in the State has decided that upon
the presented by the Error Book the conviction
was not unlawful and In my judgment, the legal qucs
tons upon which that emnently just and able Court
have passed not open to review by Your Excellency
According to promise, made when you were in New
York several days ago, have given the entire the
most careful investigation and have brought to bear
upon it the best Judgment Of which am capable.
. TIE
On the evening of April 70, 1871 Mr. Putnam the de-
ceased, riding up town in Broadway car, having
under his Mrs. Duval and her daughter At Seven
teenth street william Foster total stranger Mr. Put
nam, stepped upon the forward platform of the car,
alongside the driver As they reached the Gsey House,
twenty street. the daughters attention was
called to the clock the building and she went TO
the same building and IS Mrs Duvs sgt down Foster,
doM g win
ae r this rSssr the door e IT. ana
said win not allow thee ladies' to be n,nl.ea they
Ssssd him. and warm t SP place s o S1
So behaved hs up ssd
ana e as
sp0tsa 10 n his SSs wSi
Foster Sstortsd By vusa, thrs.. Of what he would do
The car soon reached Forysixth street. and Mr. Put
nam got out And a ne was sssisng Mrs DSva and her
saasas sosss O. Which he died Sse
S hs SOC" s ne ss
he guessed he did moi hurt hin much ~. '.'
between two and three o'clock with ali his clothes on
indeed by he Grand Jury put trial before ihs
part day all night and In. hal o'clock
ssrs. 81 IN he FIRST degree with S %
daton TO meTcy:" ,...;,., :, .,. -.., r.. ,-,.,.
answered din The such was his
sG usy M, s Web. ask the
that verdict has not been arrived
be ens sde a'
I'm pei sSs jssy in other
our statute ths crime Of murder in the first degree
The crime Of murder in second degree may be ex
plated by suffering imprisonment ior ten years.
sSs ae.iS q Nj PSsna% i5ey feared ssst 1 ic%Sa
Ssrd9ped after short imnrsonment nd Tho ends ~
Justice defeated and thew were assured and believed
that i The prisoner found guilty murder in the
Imprisonment for life to mercy &C.
h yerd anS ot pc sgreea
IS entirely clear that Verdict OF guilty Of murder in the
first ' that not rer Sys mSsr d The
second degree would bring punishment quite
s % Of ns crime the " sS anfm
Scssa ISins Drs%ediissed design sSsss H.
ew s
their verdict Of narder the rst
doubt upo %e THIS Question IS now removed nv the
plessns s .nd stsmsH' of the jurors which we will
69dsr,6s law there Be such crime murder in
soaaSls Ssast that The homicide peTpsssied from
And in this case the Court laid down the law in these
"Beiore the jury can convict the prisoner murder
The & hey des to
the death Of ne taf aey must DC ape 70 say
design e 49, 49, 'Ns w., -. -
the ay nd ha n is or nn s as
only. the death resulting from such assault does not
y $
s sa ass me the
r earee one 1n Of nance % rc
medi,aed design 70 effect death! no other species 2.
pr"ved afirmaveIy 10 have existed 70 the satisfaction
oHs uy seySnd Of in Put
n.n nav he w neen N II rs moi nrcmcditated descn
10 puinsns life II matters moi how long the intcn
in had ,,aan aimed ~ does not nrrder
in the first degree ) - '''' NV N>'
.sIbc tact tst Tho nrsoner came forward rv
and gave his name "a that of The mix nown man who
made lie assaui Il one nropcr Tor the iry tn consider
as nnn The oucsnn svheher he had any inten
ton To- make a fatal assault 80
R.tore tho Coart Of Inna.s rohirg cont Int tho aim
nI ecord NJ tSe trial ,ho mai serict t The irv.
aana The Conrt were asked 70 determine whether aiy
crror in Ia " nj been c"mm;tfed an the trial
reversal ot the iudament below The Court found no
such error and rs is conclusive so far as the
aa r.issJ H. The zoo I'd oTe Rut
ega Iaseu ny ne rec ora are nus