The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-22

THE CAR-H00K MURDER.
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Foster Sentenced To he Hanged on the 00d Of
March-His Impassive Ceolness During the
Delivery Of the sontence-The Case To DO
Carried To tho Court Of Appeals.
The application on benalf OF william Foster, the
alleged murderer OF Avery D. Putnam, to the Su-
preme Court. General Torn, for new trial, having
been denied. the Court yesterday sentenced him to
be hanged in confirmation OF the same sentence
passed upon him by Judge Cardozo in the Court Of
Oyer ana Terminer. 1t being known that he was
to be brought before the Court for sentence the
court room was densely Crowded. fact showing
concusively that Notwithstanding the intervention
Of the laws delay in this case and the occurrence
Of other tragedies since of no less astonishing and
absorbing interest," the atrocious circumstances Of
the car-hook murder nave not yet wholly passed
from the public memory.
THE PRISONER
Judging from Appearances, the most uncon-
cerned person among the dense crowd .hrong-
ing the court room was Foster. He was neatly
dressed and the careful curling Of his hair showed
thar he mad evidently JUST been subjected to the
furnishing care OF an expert tonsorial artist
Nearly ten months confinement in prison seems to
have made very little impression on him. He
looked az robust and hearty as when first brought
c0unlenance wore the same immobile expression.
Having gone through the ordeal OF death SEN
impasslveness on this OCCASION; but that PROBABLY
contributing most 10 his seeming unc0ncern was
malty 1t being fOregone conclusion mat the case
would be carried 10 the Court OF Appeals.
ASKING THE COURT TO Pass SENTENCE.
Upon The opening OF the Court Judges lngraham
and Barnard being on the bench, DistrIct Attorney
Garvin stated that Foster had been brought into
Court by the Shern under the usual writ or nabeas
corpus. He then briefly reclted the facts OF MS
trial and conviction in the Court OF oyer and Ter.
miner OF the murder OF Avery d. Putnam. Upon
Foster being found guilty OF murder In the first de.
gree the Court sentenced him TO be hanged on the
IAN oil July. rms sentence was not Carried into
effect, owing to stay or proceedings upon writ OF
error having been granted by Judge Of the SUI
preme Court Upon thus stay OF proceedings the
case mad been brought before the General Term and
fully argued, ana Lne decision OF the Court was In
connrmatlon OF the conviction and sentence In the
Court OF oyer ana Iermlner. lie now moved SEN
tence OF the prisoner by the Court IN pursuance Of
SENTENCE BY JUDGE INaRAHAM.
The Clerk having ordered the prisoner to RISE
Judge ingraham proceeded to pass sentence upon
Foster, you nave been tried, convicted and sen.
fenced TO be executed. Your appeal mas been de-
MED; and 1t only remains iOr US to Tx the time Tor
the carrying Out Of your sentence. We nave
examined carefully the questions In toe case not OF
fact, but OF law, and nave found nothing IN them 10
WAR or sn an miner Tm e vsS! % ae
sympathze with your family, 1t IS out or our power
TO change The course OF events, and the only duty
the sentence OF the Court is 10 oe carried INTO enec
In order 10 give you time to prepare Tor that day we
have set down the 22d day OF March, between the
hours OF eight anu two O'Clock. Such will be the
order OF the Court.
now FOSTER RECEIVED THE SENTENCE
During the delivery Of the sentence Foster was
entirely unmoved, but on sitting down betrayed
slight em0non. The reading OF the formal SEN
tence by the Clerk followed and then The Court ad
journek
THE APrEAL.
An appeal IS directly to DC taken by Fosters
counsel to The Court OF Appeals. As Els Court Is In
session now IL Is not unlikely that the case may be
brought speedily before It.
An Interview with FOster-What Will Be
His Future Course Of ActieD.
A HERALD reporter called OF the 1ombs Yesterday
afternoon to see Foster In regard 10 his sentence at
the General Term In the morning. There was
wait OF some time, Warden Stacom being absent
But even with the wardens permission It Is now no
more possible to 60 into the prison alter two o'clock
IN the afternoon under the new order OF the Com
missioners Of Charities and CORRECTION which has
been passed since stokes has been confined In the
Tombs. The reporter, however, was SHOWN into the
room where the counsel their and Foster
was tor. In five minutes or 30 Foster s0uched
round the corner In the care OF o keeper. He was
dressed in o pea jacket and "Derby' hat, and
looked somewhat careworn. No great change has
taken place IN Fosters appearances In all the long
weeks vi his weary confinement. HIS back beard
has grown longer, reaching d0wn upon has breast,
and there Is u general appearance or wan careful
ness and respectaDty, as none OF that dlssiprated
LOOK remains which characterized his appearance
wnen nrst lie entered the prison.
Foster walked into the room and stood In the
doorway leading to the inner ro0m leaning against
the wall.
Tne reporter walked forward and said:-I came
from the HERALD Foster, ana wish to ask you
few questlons"
Foster Strengthened up Immediately. 81 don't
want to see any reporters" he observed, speaking
rather exctediy, and at the same time he began 10
move OF as II desrous OF getting away.
~ certainly don't want to tmpicate you In any
way, Or do you any harm"
sWell,n said roster, $50 many reporters have
said thai about ne anu have then gone ana printed
lles.n
''The only question want to ask IL, what hope
have you OF another stayr asked the HERALD
man.
s.For that must refer you to my counsel" he
said, mpauently, and walked away back TO his
cell.
AS the reporter was leaving he saw Mr.. McKeon
going into The prison to see Stokes lie said IN re-
gard question as to what VIII be Fosters future
course that the case Will 20 TO the Court OF Appeals
II the counsel succeed In obtaining another stay OF
proceedings IRON any Judge OF the supreme Court
In the district II was the lawyers opinion That the
stay would be granted.