The Portland daily press., 1873-02-19

New York Letter.
New YORK, Feb. 16, 1873.


the little narrow, dingy, gloomy, damp, I'M
wholesome cell of poor Stokes Saturday af-
ternoon, when his brother carried to him the
welcome intelligence that Judge Davis had
granted stay of proceedings. A stay pro-
ceedings is equivalent to respite of at
least year, probably more For
Courts Of Law, move slowly, and
what with motions, counter motions, requests
for postponements and the thousand other de-
vices by which the course of justice is imped-
ed, the journeyto the judgment the Of Court
of last resort is slow and wearisome. By the
time the goal has been reached, public indig
nation against murderers will have subsidized,
the spasm of wrath to which Stokes fell vic
tim will be over, and there is at least proba-
bility that he will escape the halter
One cannot help feeling sense. of relief
that the horrid tragedy of strangling young
man in open day, before numerous witnesses
in the name of law has been Indefinitely de-
layed. There is something awfully democrat
izingin all the surroundingan and appurtenances
OF the gallows. Who can contemplate that
loathsome minister of hempen justice, the
hangman, without a shudder. Clothe him as
much as you will with the panoply of law,
argue never SO profoundly as to the necessity
and duty of his calling, from time immemorl-
al every manly instinct of human nature has
helped to brand him as a miscreant in whom
baseness and cruelty are uniformly blended,
and as an outcast with whom no leper of So
ciety would hold voluntary association. And
yet this wretch who hides the shame of his
ignobe work under an impenetrable mask, is
the chief executive functonary in the judicial
killing, which the majesty of the law pre-
scribes as the penalty of murder. If the
statute is proper in itself the officer who exc
cutes it deserves to be ranked among the pill
lars of the State. There seems to be mani
fest injustice in extolling hanging as pana-
cea for the worst evils of society, and
yet visiting the hangman with exc
cratiops. Yet reason about it as
we may, the fact remains that the creature
who takes life under decree of a court
wears. henceforth brand as indelble and
terrible as that which the first murderer bore
on his brow. Let no one suppose that Stokes
escapes punishment by this Intervention of
Supreme Court Judge. Think in what an
abyss Of agony he must have been plunged
from the fatal hour when the verdict of guilty
fell with leaden weight on his ears Four
teen months ago he was free man, votary
of pleasure, gratifying unchecked whatever
tastes he had, and leading life of luxury
and ease. For more than year he has been
fastened up in narrow den of stone and for
forty days has been kept in dungeon more
dismal still, under strict watch, constantly re-
minded by the closeness of the surveillance
overhim that all liberty of action is denied him,
that he is entirely subject to the will of his
keepers, and is henceforth to be treated
as no longer belonging to or having concern
with the affairs of the world. Does any one
suppose that this unhappy man, as he PAGES
his noisome cell is not constantly enduring
THE ToRTUREs OF REMoRsE
rejecting in hopeless anguish on his wasted
opportunities, his blighted name, the disgrace
he has brought on his kindred, his broken So
cial ties and the utter shipwreck he has made
Of everything which could render life worth
having?
The interference in Stokes's case fear au-
gurs i'll for Foster. The community demands
victim. The press manifests signs of impa-
thence. have heard gentleman of large
information in regard to public sentiment
throughout the State, remark recently, that if
the Governor should commute Fosters sem
tence it would
5 PROVE HIS POLITICAL RJTrN
And yet able lawyers maintain that Fosters
crime was manslaughter. 1t was an aggra-
waited case, to be sure, so much so that at the
time of its happening there was feeling OF
intense excitement all over the city. At
least one lawyer of high professional repute
refused absolutely to defend the culprit.
His friends were obliged to commit
his case to a third rate practitioner in
the criminal courts. Judge and jury
were stimulated to appease popular rage by
making short work of him. Even then the
jury were divided in opinion as to the prop
er verdict to render. Two or three of the
twelve held OFT for manslaughter. Finally
they compromised by agreeing to pronounce
averdictof wilful murder acitb a reconanen-
dation to mercy. This is one of those incon-
gruous fin'lings peculiar to petit juries.
There never was case where a recommended
ton to mercy was so uncalled for and gratu-
itous. If Foster intended to murder Putnam
it was one of the most atrocious homicides
ever committed, and he deserved no mercy.
But if in fit of uncomfortable rage he seized
the first implement of vengeance he could
lay his hands upon, and inflicted blow so
much more severe than he designed it to be,
that it caused death, why then the extreme
penalty of the law should have been visited
upon him, and that was Imprisonment for
life in the State prison.
1t may be said indeed, that the Court of
Appeals has passed upon the question of in
tent, and that its decision is irreversible.
This is all true. But where there are doubts
or differences of opinion, the prisoner ought
to have the benefit of them. In this case
there Is doubt-a very grave one
whether Fosters crime is murder or man.
slaughter. And while the Governor NAV.
and probably will consider himself precluded
from passing upon the question of intent,
since it.has been disposed of by the highest
tribunal in the State, cannot help think
ing he would be perfectly justified in accept
ing the jury's recommendation to mercy as a
sufficient warrant for committing the sem
tence of death to the scarcely less terrible one
of imprisonment for life. Stupendous ex-
ertions are being made to induce him to do
this. Letters and petitions are pouring in
upon him in great volume. Fosters friends
have been busy for weeks, day and night, in
soliciting the influence of every man in New
York, whose opinions could be supposed to
have weight with Gen. Dix. Fosters father
is gentleman of wealth and good standing,
and he has several uncles of eminent respec-
liability who are moving earnestly in his be-
half. Ifit were case in which
MONEY COULD AVAIL,
they could command it to the extent of mill
ions. But of course money could do no good
in such an emergency. 1t is rather hin