Year: 1873

appeared upon tho record. would certainly hayo re-
that the jury did believe that Foster Intended TO xiii
Putnam at oil, much less that the homicide was per
Of the person killed. and that the jury Alter being out
all night. agreed to bring in verdict OF murder in the
first degree, with recommendation TO under the
full belief that there was "no Premedtated
design to effect the death" OF Mr. Putnam, but
under the influence OF credited assurance Of one Of
their number himself lawyer, that such verdict would
necessarily carry with the imprisonment Tor life OF the
accused. suppose when the jury came into court for
u sher Instructions after being out all night and unable
to agree they had asked the Judge whether II the jury
believed that when Foster struck Putnam he mad no pre-
medtated design TO effect the death OF Putnam but to
cruelty beat him. they could with that conviction on
their minds, bring In verdict Of murder IN the hrst
degree accompanied by recommendation TO mercy,
and the Judge had said yes and the verdict had fol
lowed which was recorded in this case, IL is entirely
certain that the Court OF Appeals would forthwith upon
facts appearing upon the record have pronounced


no PRENEDnATIoN


Nothing OF this kind before the Court Of Appeals
precisely this is before you. Iappend the adavts and
statements the jurors and OF the Assistant District
Attorney. who carefully watched the trial OF the cause
these show beyond all peradycnture, that none Of them
with the exception OF a single juror, believed that
Foster, who had seen the deceased In MS lle,
until q few minutes before tho fatal blow committed


the act with premedtated design to effect the death oI
the person killed"


" While was Assistant District Attorney watchcu
interest: nv opinidn, formed from the evidence dis
closed upon the trial. has never changed, aud nave no
that there IS one particle of evidence to Justify the belief
that Foster premeditated or contemplated MURDER or
indeed that he intended to take life"


Mr.. Samuel Dowding. one of the jurors. swears:


That deponent and Robert Usher jr another OF sald
ury firmly convinced upon the evidence, tllt sad
Foster never intended TO Kill deceased, Avery d. Put-
man, for the murder Of whom he was then upon tial,
and only consented to the verdict rendered under the
Impression the recommendation TO mercy which ac,
companied it would necessitate the imposition upon ad
Foster OF the punishment murder in the second de-
gree to witt imprisonment for life; aad tnat IL they
had learned their error before the rendition OF sau ye
tgoft tIouyt
such deberatOn depOnent also asked Geo n. Chase'
Walter Bartlett and one or two others OF sad lIor'
whose names do not recur to depOnent, wnethef'
before God they thought Foster intended TO Kill de-
ceased and they said that they did not think so'


''In the jury-room was, as am now, OF the opinion
that the said defendant did not intend to XII the
then upon trial and that during such deh1eralon
steadfastly adhered to the opinion tna tue deendat
inc second degrees that my opinion was saed Dy others
of the said Jury-Mr Do~din9 and Mt Chase being OF
fhes numbers that certain OF the jury also sad that
they would find verdict Of murder IN the second de.
gree if they did not feel that the Government was not
10 he trusted and that said defendant would he pardOned
out of State Prison. and be again let loose upon ne com
munity; that, finally 1t was represented Dy Mr k9gtr
ono of the Jurors that he was lawyer, ana that "a
verdict murder IN the first degree, coupled WIN
recommendation to mercy, ,woudnsure 10 sald m


rehearing OF his before the Governor whereby tue
Impression OF myself and some OF my felOwJur0r that
naked verdict OF murder la the 1rst degree wOud eae
said defendant remedlcss, and necessarily result IN MS
execution, removed, and the Jury returned tne
verdict OF murder IN the belief that Gov HON nan Woud
have an opportunity 10 correct aud remedy any error
they might, IN their ignorance OF law commit


THE PUNISHMENT TOO GREAT.


The decision OF the Court of Appeals affirming the
Judgment OF the Court below, whereby William Foster
was cond .mned to hanged for the murder Of Avery
d. Putnam. But that decision would have been pre-
cisely the same if Mr. Putnam had appeared in Court
and proved that he was still alive, and had only been
spirited away by those who wanted 10 possess MS es
Record, and must have affirmed the condemnation to
DEATH of Foster for the murder of Putnam, VINO st0Od
an Appelate Court to look beyond the Record, even
though Court might behold the living man, for whose
murder the accused was condemned TO dle. III
is for this very reason, and 10 meet cases
like tho one before yeu, that the high e1ecu'
tive is clothed with extraordinary powers ade-
0uate to correct all such mistakes and to consider all
facts aud circumstances outside OF the legal record IN
tons of court OF law. 1t is a wellhnOwn MAXIM that
il were better that 80 guilty men should escape than
Where % human life is involved every doubt should be
resolved In favor OF the accused, and OF mercy III WI
of Mr. Putnam, very few of the rejecting community
will not believe that he executed for greater crime
than he in fact committed aad 10 avoid the epeuuOn
snch an ACT of Injustice the aggreyed sentiment OF
the public may demand tile abolition OF the death penalty


Foster was convicted a few days after Mr. Putnam
died. while the puOlic mind was feyered ana aarned'
vctIons Of the jury, nor in harmony with any reason
able deductions from tho evidence. After most care
ful examination OF tine whole case am convinced that
this drunken man. who had never seen the deceased
mill IN Minutes before he made the fatal assault had no
"premedated design to effect the death of the person
killed." and that in view of the mistaken ideas under
which the jurors rendered their verdict 1t would be In
urtherance justice to commute the sentence OF death
TO Imprisonment for life approached this case with
prejudgment quite against the prisoner; having read
Of tine brutal assault and its circumstances, the
first impulse to feel that Foster ought 10
be hanged but when / came, deliberately 10 con
slider the law and the subsequent revelations which the
Jurors had made, became convinced that the hanging
of Foster would OF vengeance than or JUSTICE
in which grains of mercy could be found and the re-
action likely 10 take place in the public mnd might
cause repeal OF those laws which are now wholesome
restraint upon evil II Foster Is imprisoned for
lfe public justice would be vndicated he Is put To
death for than that of which he Is guilty
1t will be too late the fearful wrong. and the
Intelligent public will not be satisfied with the eXecu
ton Even II doubtful whether Foster struck the
blow with premeditated design TO murder Mr.. Putnan
the doubt should upon every principle known To the ad
mnisraon civil Justice, be resolved IN aYoT or com
mutng the sentence OF death to imprisonment Tor NE
Very respectfully yours, EDWARDS flEKkEFoNI'