New-York tribune., 1873-03-06
FOSTERS PLEA.
PETITION OF JOHN FOSTER

nv the law. power of life or death over my
.on william Foster now lying under sentence of death,
has become practically vested in you ss Governor OF the
STATE The purpose ths petition is to ask you to ex-
srse that power in favor of life, and to lay before you
the facts and proof upon which, IL appears to ustsce
reoares that power be exercised. The trial was
brought with such haste 10 render proper prepat
fon impossible and under state OF great public excite
uaent due, in large degree to causes with which the
had connection. The jury went out. under
charge Of the presiding Judge, which virtually directed
them TO find the accused guilty of either murder in the
first degree of simple mansaughter and forbade them
70 ind the crime with which he charged 10 be
der In the second degree Under this state OF public
feeling naturally made each desrous TO avoid
disagreement the jury, restrained from considering
verdict of murder IN the second degree unable 70 agree
either murder in the first degree the one hand
or granddaughter on the other were for p hours
anable 20 unite upon verdict The difficulty arose from
the fact that the Jury not convinced upon the EVIL
that the fatal blow struck with prenedhateu
design to k in which case the penalty Of death was too
severe punishment and FOR this reason theY couo not
ante In verdict Of murdern the first decree nvoyins
that enalty on the other hand. they did not wish 20
md any verdict would allow the possibility OF
slight punishment by short imprisonment. as might be
the case ii they found verdict In any OF the degrees OF
znanslaughtcr Thus. unable and unwilling 70
disaree they were led 70 solve the difficulty by
the adoption of verdct of murder In the first degree
together with a unanimous recommendation 20 mercy.
The done upon the representation and the under
standing that the whole verdict would be taken together
and respected all its parts and that from this form
Of the verdict would necessarily result that the penalty
which would De- pronounced by the Court in technical
compliance with the statute would be reduced by the
Executive the degree which the Jury thought aDprO
prlate the exact moral degree OF the crime that
~ for lie; without tins clear understand
ing and belief the verdict under which the sentence OF
death has been pronounced would not have been rem
dered.
For the evidence supporting this statement respect
fny refer yOu 70 the papers now submitted.
am advised that the prerOgative and duty Of the
Executive look into the whole case, at least 10 such
an extent whether reason, unknown 90 the
Jury makes 10 proper 10 disregard their recommenda
uoD. In this investigation am advised that your Ex
ceenev viii naturally led consider what prob
ably the of tine accused. Upon tins point re-
spectfuy urgc against the idea that there was any
such intent OF murder:
First. That there was no motive sufficient 20 give rise
- such an .uteut. Mr.. Putnam and stran-
gers There jealousy hatred, and no purpose
Of robbery or gain. The whole period of their earthly
meeting Gid not. probably, extend over i've minutes
The supposed insult which gave to my sons IN
warranted anger or TOO trivial and harmless char
aeter justify the ilcl hat suced suddenly 70 ere
ate in mind of another the wish TO take life, unless
that other man a violent awless, anu yindctive
nature.
Second: On the contrary from being OF such charac
ter my son has been from youth up the inclosed
papers abuuanty prove, OF exceptionally good heart,
4niable gentle temper and orderly sober and in
dusrious habits. This proved at tral but, in
tRe pubic excitement the voice OF TINS testimony
lost value in aiding the public It
doubtless aided the jury, M forming cool Judgment
upon question OF intent. To what is said in these
letters add that, until that fatal day never knew
heard Of sons being drunk, that he
Mitfed or CHARGED with, any Odcnse against the
Law or fIlaf lc eve .frlc Il Ovy N
Third on this evening pc had been drinking. and was
under Ec influence OF liquor. This condition, while it
took away his Judgment and TO degree ncapacitated
him from forming and holding serious intent.
throws light the time upon his probable state Of
mind and motive, and furnishes an explanation more
agreeable "a The common experience than that, sud
deniy, cause, orderly law-abldnc ana kind
hearted man changes 20 a designing murderer.
All the subsequent conduct Of my proves that he
did not suppose had inflicted any serious injury a
fact Incompatible with the idea that he had entertained
that intention.
FoiTN: Iu support Of tins petition. and containing
many thlncs contained iJ respectfully submit
certificates relation 20 the action and views Of the
jury opinions OF eminent lawyers that the facts Of the
cass require a communication of sentences opinions OF
srrceOns who saw Mr. Putnam Just after his injury. and
whose statements raise great doubt whether his injury
was necessarily fatal testimonials Of numerous per
the invariably good character and conduct OF
from his childhood up 20 this unhappy day. besides
letters from wclknOwn citizens, expressing
their opinion tha justice requires the communication for
which pray. and my petition and other papers
which. am advised may enable your Excsiency more
Justly weigh the facts and evidence in the
Upon these papers and statements submit TO you
the earthly power capable act my prayer for the
life OF my solemnly believe him innocent OF the
crime Of premeditated murder and the victim Of ter
rble fate purpose Of which only that awise but
Inscrutable Providence which has doubtless for good
eBdsl permitted il, can comprehend.
Except in the view Of that All-Wise Providence my
fanny. the morning OF this terrible event appa-
rently from any chance Of sorrow from the
crime Of the happiest and safest
household which. the following morning the facts
were read.
No Of sons life any Indication that
any would he DO led 70 commit an act Of
violence From that time he has seemed 70 entirely
engTussed bewildered by thought OF his crime
he gave aid whatever in his defense, and has ever
since appeared be thinking only Of his utter inability
u repair this terrible wrong He for a moment
sought evade the charge but admitted from the hour
Of his arrest that he struck the fata blow. do not
seek has he sought. TO exteuuate lhis crime.
40 act Of m0meutay violence has resulted in loss Of
life, 70 restore which he would gladly give his own
but be viii protest and viii protest for him.
that hIs mind never entertained the purpose poss
btlity of murder.
Nv a wife and four little children, 20 whom he
Is still and only the afecuonate and hOnored husband
and father. Their prayer added 70 those Of the
rowing mother, brothers and sisters Of my SON. and
own. for that mercy which jury, led by the
dence, recommended. ana which Is your power
grant
Being desirous 20 give 70 vour Exceencv every assur
aDce power OF the truth the facts concerning
my sou which are above stated verify this petition by
my oath JOHN FOSTER, 2ls East Eighteenth N Y.
sworn ana subscribed 70 before ne. this 10Th day OF
February 1873, Adam Cos. Notary Public, ~ Y County
MRS. PUTNAIfs LETTER
PETITION OF MRS. ELLEN L. PUTNAM, WIDOW
OF AVERY D. PUTNAM