davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-01-10

SENATOR NYE's SUCCEssoR.-The republi-
can caucus of the Nevada legislature at Virginia
city last night nominated j. Jones for United
States Senator, to succeed Senator Nye. Jones'
it is said, will have thirteen majority OH join bal
LOT
Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-01-10

RAIN AND Snow. - The largest total
amounts of rain and melted snow during the
past week have been reported to the chief
signal Office from the following stations: Balti-
more, 2.1l inches; Lake City, 2.73; New London,
81; New Orleans, 2.2s; New York, ISL; Nor
folk, 40; Philadelphia, 2.S3; and Portland,
Oregon. $50. Between two and three inches fell
at twenty three other stations.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-01-10

GOV. W4a1oT n LailsIana yssSsday by ~,
s$emney. JsAes Howe, 1880 1880 =
g tee ground that they Nh 6I1resnecffsi =
Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-01-10

CREDIT MoBILIER INVESTIGATIONS, No. g.
The special committee of the House, of which
Mr.. Wilson, Of Indiana, is chairman, to exam
inc into the relationship between the credit mo-
biler and the Union Pacific Railroad company,
and ascertain If there is any money in those cor
the road to the government, under the resoiu-
ton adopted by the House yesterday, met this
morning and examined Mr.. John b. Alley to as
certain where the books and papers of the credit
might have all the evidence produced and pro-
ceed with the examination as soon o. possible.
The committee meets again at ten O'Clock on
Monday, when the investigation will be con-
Quoted with open doors, and the sessions of the
committee win continue all day during the ses-
sion Of the House.
New-York tribune., 1873-03-06

equally heinous with murder whether DEAN 90
ours or not the special crime OF arson OF an nnaoed
dwelling In the night believe the death penalty
can De maintained the statute book only upon tne
strict confinement OF execution To where TINS
premedltatsd design Of murder exists, and 10 legally
proved. regard the existence Of this penalty as an eK
trene measre OF punhment for proportOnate gnit OF
the greatest value In the protection Of society. Enter
tanning this view, look with s0lcitude upon any Ten
dency IN the administration OF criminal Justice 70 ee
under whatever provocatiOn 10 fOrced artificial or ar
gumentative implications Of premedtaton, In place of
absolute and responsible verots, OF ia actual presece
animatlng and producing tho crime. look ith the
same sohctude upon suspicion IN the public mind
that notwithstanding repuRnance Of she punc con
science ana or solemn legislation, u c0tsbuet.cs malice
IL may stll force Itself into the execution Of the death
penalty IN spite or every effort 20 keep ~ out III the
penalty II 10 be preserved the sole condition OF J main
tendnce must be also preserved.
upon the whole, then, trust that Your EXcellency
may nnd sOd support the conclusion that conIDn-
tation OF Fosters execution for imprisonment ior fe
VIII DE cOnfOrned 10 the justice OF his case and To te
hghest interests 0f the law the administration OF JUS
tice ana the protection OF society
am win great respect, your friend and servant.
New-York tribune., 1873-03-06
OPINION OF Ex- x-DIsTRIC1 ATTORNEY WATER
BURY.
PROM HON. NELSON J. WATERBURY, LATE Dis
TRICr-ArTORNEY.


FROM HON. NELSON J. WATERBURY, LATE Dis
TRICr-ArTORNBY.
No 1872 BROADWAY, NEW YORK. Feb. lb' lsIJ
10 HIS EEoeieney JOHN A. DIX, Gorerror of U's SNe
Of AeiC- HOrk
DEAR SIR: cannot consoientiously refuse request
20 express my opinion that the OF william fos
ter convicted OF murder the nrst degree should De
commuted to imprisonment for life In my opinion DC
WAS not guilty OF murder IN the first degree, under
the law OF this state Of murder in the second De.
gree I believe that the jury would nave 50 f0und, u
that issue had been submitted 70 tAeu A. ~ Wts no.
The Recommendation 20 mercy with which they accom-
panied their verdict, should surely receive cOhsdeF@
ton .., -. ----.-.. o,
I certainly have not the design, OF rejecting IA any
manner upon the able and faithful Othcer VINO PROSE-
Gu ed Foster that II had then been AItOrhey
could not nave asked for conviction OF murder IN te
nrgt degree During my term OF office exerted my sell
faithfully 70 the full punishment or every Muu
murderer but would not nave been party 70 the IN
aicton terrible punishment OF death upon ihah
not legally subject TO that dual aud rreyersDe penay
Believing that Foster IL IN the later Category Aicei
bound 10 express this opinion .,
La my Judgment, the ecency OF the criminal law de-
pends not upon tho swiitness nor VndoLFehess Oh ~
pul.bnents but upon their justice and certainty. "A
rrut an injury may be done u society ~ puhlshlhs
nau Tor an oifense OF which he Is not guilty, a. " per
lnittIug one VINO Is guilty 10 escape
''- NELSON J. WATERBURY,.
uegal opinons 10 the same effect have been gwen by
the following: The Hon. John K. Fellows the Hon
Clifford A. Hand; the Hon. Philo r. Ruggles; ". K
Beebe Esq: Thos c. T. Buckley, Esq; the Hon. Hiram
Barney Jas. W. Gerard, SRI
New-York tribune., 1873-03-06
MRS. PUTNAMs LETTER.
PETITION OF MRS. ELLEN L. PUTNAM, WIDOW
OF AVERY ID. PUTNAM

PETITION OF MRS. ELLEN L. PUTNAM, WIDOW
OF AVERY D. PUTNAM.
70 ne GOrern0r Of me State Of Neto York
wish to address you subject which, az you can
well understand is In every respect painful 10 me-
refer 70 the Of William Foster convicted OF the
murder Of my husbaRd. Avery d. Putnam. The intense
suffering which have endured in my own loss and in
seeiug my child left fatheress has made me deeply
sympahze with the widowed and the fatheress and 80
>a Tor his life tor the sake Of innocent wife and
'reh' Who are involved with and mine in a never
usnS sOiro~. II would IN way amehorate my sorrow
Ano" uia' tns law had taken his life, thus perhaps
rooDing ms family and friends OF the hone that bv
ienR'hshed years that husband and father may nv re-
pentanoe Oi his SINS become worthy OF the mercy which
Infinite love extends to an. I DO not n,e.nroe On nm,
forward nay views Oh such matter but :, nv tshes
are OF any importance do nplore yon IN ,eart ,hso
innocent For myself and my family 4, oo,l, 81,
reopen our wounds, and add another horror n the a
70 have 60 reflect that this has died and tb.,
another wife widowed and other children left father
Iess besides being dsgTaced. believe that many ner
whose opinions have great respect think that
the punishment should be reduced 70 imprisonment Tor
life, and 10 Their petition would earnestly add my own.
Respectfully yours. ELLEN L. PUTNAM
Prorideaes February, 1873.
New-York tribune., 1873-03-06

Wet OF murder tho first degree. tho evidence snoud
lead the mind to conclusion beyond any reasonaoe
doubt that the accused had specific pretsedtaen u
siRn and intent effect the death OF the party aie,
and from the testimony In tho case OF Foster thhA
the conclusion Irresistible that ms intent was 70 p"''
Putnam for rsal or fancied lnsu out not t0 kil ,,
From afidavits made by or the Jurors. s1DmitNu
for nv perusa Ia evident that they dd not believe
Poser intended 10 Kill Putnam, and that the verdict OF
murdcr no the arst degree" rendered unler tue
belief that the recommendation 20 moreY s souig .,
sary result in Communication Of the sentence OF death
~ imprisonment for life. - -. -. ,.,,.
Tue fearful Increase OF crime In TINS Guy uas JI1 ~
excited the public mind, but when the circumstances m
any case OF homicide fail 10 establish murue.ous ~
tent and wnen is absence OF proof or teaon
abe dOubt OF the existence OF an intent % Al WHICH
Ia essential % the crime OF murder, puphc tcehhs WI
not prevent the exercise OF Executive clemency WIN
~ NH 4. BARRETT
New-York tribune., 1873-03-06
OPINION OF THE HON. VIM. C. BARRETT.
NRw-YoRK 10th February, 1873

To HIS Ereeiiency JOHN A. iD1-Dea ST; with full
knowledge of the responsibility which rests upon every
man who appeals 10 the Executive IN behalf OF Grim
inal condemned and sentenced TO death for murder.
from conscientious and firm belief that the evidence
In case of William Foster does not sustain the YER
diet OF murder the first degree most Respectfully
unite IN the appeal Executive clemeney 70 the ex
tent OF committing the sentence to imprisonment TOT
life. NY opinion Ia based upon the evidence SUD
mtted 70 the Jury and founded upon principles which
believe 10 be indsputabe. There is. IN my Judgment
absence OF evidence intent ~ take life. Foster was
an industrious, peaoeable man be never saw PUTNAM
until they met the platform OF the car Tne ruue
language used by him implied nothing more than IN
tended personal chastisement for real or fancied
insult The provocstiUn which excited his anger was
not OF a character any man, even under the
influence int0xcaton, TO tneditate the oelDcrate
murder Of a man TO whom he was an entire stranger
He unarmed when he entered the car. The weapon
used was In constant daily by cardriyers and It's
use by Foster determined by the merest chance-t
instrument just at hand Immediately after ln-
ncting the blow he went the railroad depot ana then
and there told the driver that he struck the blew put d
know Of ts serious Effects aud when the cOnductor
Goldthwait and shumway we're preparing report Oh
the assault Foster advanced and said, am the man
who wants me laid him out or I'll LAY you out too
and In reply remark from Shumway that ne fostert
had injured the pretty badly" the response was
II guess did not hurt him much"
From tho depot no 10 his house. wherolhe was
arrested.
such arr the facts disclosed by the testimony. To con-
New-York tribune., 1873-03-06
OPINION OF BARLOW, LAROCQUE AND MAC
FARLAND

Il, The Mater OF he ConpiclioH Of william Foster.
To HIS EIceiieiey Coo JOHN A. DIx-Sir: We have.
by request-t being distinctly understood that
do without feelooked into the record in this
also carefully the able letter Of MI Evarts
on the subject.
Upon the whole case IL is impossible for US to come 70
other conclusion tnat the jury, II they nad felt at
liberty 20 do So under the charge OF the Judge, would
have found this guilty OF murder In the second, IN
stead the first degree; and, indeed, their recon-
mendatOn to mercy admits Of other interpretation.
And agree with Mr. Evarts that the due adnlnlstra
ton Of public Justice is likely 70 be advanced by
cOmmutatiOn Of Fosters sentence by your Exceency 70
imprisonment for life than by his execution under his
sentence. We are, Sir yours respectfully,
BARLOW, LAROCQDE MCFARLAND.
No. IS WiIlidm-sL, Neo- York Feb. d. 1881
New-York tribune., 1873-03-06
OPINION OF EX-ATTORNEY-G GENERAL
EVARTS

FROM THE HON. WILLIAM NJ. EVARTs, LATE AT
TokSET-GEEERAL OF THE UNITED STATES.
NEw-YoRK, Feb. a. 1879.
In me Natter Of the ConUie,soa or WiiiIam Foster.
To Hs EIeeeney Coz. DIx-Sr have, at the request
OF Judge Porter OF counsel the Foster upon
s appeal before the Court Of last resort examined the
New-York tribune., 1873-03-06
LETTER FROM Or. MILLER.

lE
NEW YORK. Feb Is, is13.
Ms Eroeuency Gen ions A. DIX, Gopernor Of me ShS
Neto York.
DEAR sm: UNDERSTANDING that an application ior
communication Of sentence will be submitted N you on
behalf of william Foster. I deem a. duty ~ gYe you
Of the Information which p0ssess concerning BID
I have been the family physician Of Foster Tor SOM
years have known him IN sickness ami Ia health. he
h Of The last persons tu tle world ~ whom ono
might even xpect act % iawess violence. lis tenn
per h. naturally patient. fOThearug and kind. lie ~ tr
aI.cflOnafe husband and a loving father Those vino
know nm cannot FOR a moment imagine how William
Foster could Tar change MS nature ~ 10 strike
another with Instrument whicn might produce ser
0us injury even without the ntnnt % ki' This s AMI
must In truth remain iupenetrahie mystery 70
those ACQUAINTED with hls character DfdlnaritY surh
murder upon straAger would on account 0l ~ clef
lack ~ motive DO generally dffngnishd "a from prcned
ifafed murders the tict that ths happcnd IN the
night and In pubne place, that 10 was eonniitgi VIA
car-hook and I'M the prescnce Of ladies' an tended u
produce tho mnressOn that the murderer was one or
violent class who APPEAR delight In the irstrncu or
human ile aud who either intended 20 accomplish the
Death OF his victim. knowing ns weapon to DE- dAi
assured YOU that however 10 might appear ifpm me re
lated act. Foster NOT violent man. FROM ny ~
am led 20 the conclusion, that Wnile tbc car
hook IL capable Of producing death under spceiA i,u
cuustanoes b ia not 10 be classed among those danger
ous weapons the OF which, Ike the kne me pstoi'
the Ak. prove an intent comuehsuISN VIII ~" ''
structve character Of the weapon. -, . 49,
Truly hoping that your ExCelency VIII dfal hgnty
with this undoubtedly unfortunate man, suDscIlD" ny
self, most respectfully, yours, ,.--,, -.
ID b. MILLER. u. D., No ii East ScventeenthsL
Rpoa ruR NV WILLIAM d. WALKER.
New-York tribune., 1873-03-06
OPINION OF JUDGE DAVIES.
FROM THE HON. HENRY f. DAVIES LATE CHIEF
JUDGE OF THE COURT oF APPEALS.
6vyv YoRR Fe, "a isTa

FROM THE HON. HENRY f. DAVIES, LATE CHIEF
JUDGE OF THE COURT oP APPEALS.
EEw-YoRK. Feb. 2s, 1873
To HIS ErceHeney JOHN A. DIX. GOOernor, GcsIR: AT
the request OF the counsel for william Foster have
amined the record in hs cse and am at loss TO see
how upon the evidence. the jury could have found
premeditated design TO kill and which is essential TO
their verdict have also read the very able and ex-
hausve review by Mr. Eyarts OF the provisions Of the
statute and the definition OF the crime OF murder IN ts
different degrees, ana concur with hin IN MS views OF
the law.
The TACT that the Jury recommended The prisoner 10
evidence that they doubted The existence OF
prenedtated design take life, and their subsequent
satements show thai this verdict would not have been
rendered but IN the belief that such recommendation
would have been efectua.
These circumstances all appeal with great force 20
your ENeeiiency with whom alone rests the power 10
consider them, and you should see your duty ~ com
mute Fosters sentence % imprisonment for NE, your
action WILL IN my Judgment De amply yindicated by the
considerations 80 clearly and ably presented by MI
HENRY Il. DAVIES
New-York tribune., 1873-03-06
LETTERS FROM THE JURY.

FROM SURVIVING MEMBERS OF THE JURY,
BEFORE WHOM POSTER WAS TRIED.
70 HIS Exesney JOHN A DIX, GOveTAOr Of s Stcte Of
KsoY0rk;
New-York tribune., 1873-03-06

nent for nfe and therefore une Win nc yery macy
'' ARn. X LAwRBEcE-
Los Angeles daily herald., 1873-10-10
Mail Communication with Australia.

Hon. Mr.. White, United States Con-
sui at New Zealand, who has just ar
rived i'm this city, states that i'm refer
ence to the prospective Australasian
and New Zealand postal service to-
wards the outer world, II. Fl. Hail.
Esq, Consul at Sydney has taken n
contract from the New South Wales
government and the English govern
ment for carrying the mails from Lon
don by way of New York and San
Francisco to Sydney and rice rers0.
The first steamship will, it is expect
ed, start from San Francisco and
Sydney simultaneously early in
December OF the present year. The
government subsidy will be regulat-
ed rs follows: The sum of e45,-
GOO for twenty-eight days SER
vice from San Francisco to the Aus
tralian port which may be agreed up
on, or E60,00O for twenty-four days.
The New South Wales government
to notify the parties interested. Mr.
II. II. Hall is at the ship building
works on the Clyde, Scotland, super
intending the construction of the
steamships destined for the service.
Messrs. Dunn & Cameron, of New
South Wales, are the bankers. At
present the New Zealand government
has no arrangement for the convey
ance of its foreign mail other than the
running of boat to the FIJI Islands,
there to connect with the mail steaM-
ers, but this will soon be improved -
n. y. Herald.
Los Angeles daily herald., 1873-10-10

specie payment and the increase in
the volume of money--wouldf follow to
revive and prosper us.
Thus California may become the
means Of enabling the government to
redeem its faith, of bringing gold
notes to common standard and in
augurating an era of general good to
the whole nation. II.
Los Angeles daily herald., 1873-10-10
TESTIMONIALS.
UNIVERSITY OF CALIFORNIA,
DEPARTMENT OF LANGUAGES.

DEPARTMENT OF LANGUAGES.
OAKLAND, July IL, 1872.
Herewith certify that Miss Josephine Lind
ley has been a student I'm my department of
the University for five consecutive terms, viz:
from September, 1870 to April Sd, 1872. During
and the German languages, obtaining always
the highest marks for proficiency and attend
ance, her average credit mark for five terms
being W per cent.
On entering the University, Miss Lindley
possessed already such knowledge of the
French and Spanish idiOms as to be able to
speak them with ease, fiucncy, correctness,
and pure pronunciation.
She may now be considered thoroughly fa-
miliar with the theory and philosophy, as well
as with the application of these two tongues;
apd she may safely be recommended as a can
didate of great promise, for teaching the
French and Spanish languages.
=. PIODA, Prot. Modern Languages.
Los Angeles daily herald., 1873-10-10
UNIVERSITY OF CALIFORNIA.

Josephine Lindley has been declared by the
Faculty entitled to this Certificate of Prof.
cheney I'm the departments of Geology and
Natural History, Botany and Physical GeOlO-
gy,) Bellies Lettres, English Literature, Histo-
ry, Ancient and MOdern,l Chemistry, Modern
Languages, (French and Spanish.)
Henry Durant, President of University; f..
S. Carr, Prot. Chemistry; +. PiOda, Modern
Languages; Joseph lie COnte, Professor of Ge-
ology and Natural History; William Swinton,
Professor of Bellies I.ettres; Martin Kellogg,
Dean of the Faculty. oc2-tf
Los Angeles daily herald., 1873-10-10
TIL r, EPJ l8I-IC

Does not borrow THE CAPITAL of Policy
holders on PROMISES to return the same at
some INDEFINITE future period and CALI.
TT A DIVIDEND
In presenting the claims of THE REPIfB-
LIC to the patronage of the people of this
Coast, we shall AT all times aim To be gov
erned by sound business considerations, and a
due regard for the rights and merits Of com
peting companies.
Los Angeles daily herald., 1873-10-10
PROSPECTUS
III
The LOS ANGELES HERALD.

The first of October, TnEI.os ANGELES II EH-
AID, a daily and weekly newspaper, viii
make its appearance. The Daily will be a
neat and tastiy printed scvcn-conmn news
paper, ncwsy rather than literary in clarac-
ter. The Weekly will be u six-colunn eight
page paper, and will contain the most impor-
tant matter that has previously appeared in
THE DAILY HERALD.
IT Is proposed that the HERALD shall he an
unbought advocate of every interest pertain
ing to Southern California and Arizona, and
n Jealous worker in all things that shall tend
to benefit the State In Il word ii will be in
close communion with the People. In its col
umns, from time to time will he found mat
ters of interest to the California Farmer, Me-
chanc Merchant, Laborcr, and all classes of
Producers; and il will also contain reading
matter suited to the Home Circle.
The HERALD will be an Independent Demo-
cratic jOnrna and its efforts directed to sweep
ing from power and place those now misman-
aging the affairs fiho Nation. For the accom-
plishmcnt ofthiscnd, II will hail with satislac-
lion the cooperation Ofthc members of all Par
ties, believing that the prosperity, perhaps
safety, of the Nauon depends upon the success
ofa movement Ofthis character. 1t is" reform
now or revolution hereafter"
The HERALD will advocate State Rights and
oppose Capitalization; il will encourage White
and oppose Coolic Immigatien.s 1t will favor
Free Trade, and oppose Protective Tariff; ii
will advocate II Greenback Currency for Cali
fOrnia, and oppose The present dwarfing and
deadening policy which uphods the present
ruinOus rates of interest and shuts out Eastern
capital. 1t will advocate the People and OPP
pose MOnOpolies, no matter what guise they
may assume.
While the HERALD will treat Slavery as a
dead issue, ii will earnestly advocate the
right Of every State be il Northern or South
crn-MaSSachuScttS or South tarolnn--tO gov
ern itself in accordance with the wishes OF its
people, and the dictates of the Federal Con
stitution, without nationals Interference.
The HERALD will opppse thicving and pecu-
lation. No man rightly owns dollar until
he earns II. Every dollar which Is taken
from the public treasury or. private purse
takes this money Is a thief Relieving this,
the HERALD will oppose salary steals, custom
steals, land steals, railroad steals, and every
kind of steals.
Each day, the fullest Foreign and Domestic
Telegrams will be published. The aim will
mand heretofore filled by the san Francisco
dailies. No trouble or expense will be spared
to make the HERALD, in this respect equal to
any newspaper on the Coast. II will also con-
tain II full Review of the Local and Foreign
Markets. and the Trades generally, honestly
and carefully compiled.
SUBSCRIPTION:
DAILY HERALD.
Delivered by Carriers, per month.........S 90
:" /" per year....,......-...., 10 W
BY Mail or Express, q -. .......,.,...s 10 90
WEEKLY HERALD.
BY, Mail or Express, per year.......,,...,,'"s4 %
" per Quarfer............... | %
Los Angeles daily herald., 1873-10-10

OFFICE OF THE. PACIFIC BRANCH,
NO. BIZ ORNIA STREET.
Below SanSOmc Street.
Los Angeles daily herald., 1873-10-10
STOLEN HORSES

7 HAVE THE FOLLOWING DE
L scribed horses i'm my possession az Ste
phcns' corral, taken from TiburciO Nasquez's
band of robbers. owners can have their stock
by proving property and paying charges:
Two American work mares, one sorrcl and
one brown branded + with a hall circle at the
bottom.
One large sorrel work hose, lGis hands high,
branded = u.
One sorrcl horse, having collar and saddle
marks, blaze in face, left fore foot and left
hind foot white, branded J X.
One sOrrel horse supposed to be a haf-breed,
with collar and saddle-marks, fore feet white.
s underneath.
One moro saddle-horse, bald face, all feet
white. branded and vented with letter o, and
top.
One large iron-gray horse, branded NJ and
figures ~.
One Spanish saddle or work mare with colt,
branded NJ +, and also j a l..
One light gray saddle-horse, branded with
half circle.
One dun mare, white name and tail, brand
ed ! II and J q, and also A l..
One black mare, branded with halt circle
at top and bottom, and j l..
One bay mare and yearlng colt, branded
4 |.
one dun mara and sucking colt, branded A
with D on top.
One yearing dun colt, branded l..
WIN. Il. ROWLAND, Sheriff
Los Angeles daily herald., 1873-10-10
r f. II M y:

To a class of five or less, per lesson S2 90
To q class of any number over five, per
For further particulars, inquire at the office
of the Los ANGELES HERALD, OF Lihdley &
Thompson, or at the PicO House..
Los Angeles daily herald., 1873-10-10
LAWLOR INSTITUTE

IGS Main Street. Los Angeles.
THE SEVENTH SEMI-ANNUAL
Il Session of this
= r l. FCT u A " SCHOOL,,
in which girls and boys receive a USEFUL,
PRACTICAL AND COMPLETE English Education,
commenced on MONDAY, AUGUST II, 1873
TERMS PER MONTH:
English Studies, including the ordinary
School Branches, and DOuble-Entry
bookkeeping and Algebra................. S. 90
Primary Geography, Second and Third
ltetucrS w
Chart and Primer Glasses. .... 90
EXTRAS.
Latin, Phonetic Shorthand and GeOm-
etry, per h............................ 50 90
Competent Teachers of Drawing, Painting,
and the Modern Languages, will be connected
with the Institution.
For further particulars, apply to the under
signed, at the School Building.
Oc5ml w. b. LAWI.OR, Principal.