The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-25
FOSTER REsENTENCED.
His Appearance Yesterday in the Su-
preme Court, General Term.

March-FuM Bench of the General Term
Presenr-Fosters Last Words in
Court Il Never Intended to Kill
Mr. Putnam''-The Sentence.
| Though nearly two years have ELAPSED since
William Foster killed Avery D. Putnam, the public
have not forgotten the particulars OF the terrible
tragedy The killing or rather the murderOus blows
| with the car hooS-for the unfortunate victim
| did not die till three days aiterward-were
! inflicted on the evening OF the Goth of APRIL
| 1871. In less than mOnth-for justice at the
outset seemed to be unusually swift footed in this
case-he was tried in the Court or Oyer and
| Termner, convicted OF the murder and SEN
fenced to be hanged on the 18th OF the succeed
ing July. stay Of proceedings was, however,
obtained, the case taken to tho Supreme Court,
General Term, and appicat on made for a
new trial. The Court refused to grant
a new trial. but reaflrmed the verdict pronounced
In the Oyer and Terminer and he was again SEN
fenced to be hanged the day OF execution this time
being fixed for the 22d of March, 1872 But Foster
was not yet to be hanged. AS Is well known, the
case was carried to the Court OF APP
peals, and her, another effort was made to
rescue him from the gallows. Through
long and YEARLY anxious months Foster has
awaited the decision of the latter Court. The de-
csion came at last On the 21st Inst the result
was first flashed by telegraph and then came the
remitttur Of the Court of Appeals to the Judges of
the Supreme Court General Term in this city.
This remittitur reached this city, late on Thursday
afternoon, and reads as follows:-
COURT OF APPEALS REMrrTrTUR.
Z ne FsoPe OF tine
bered that the ed day q May in the year
Court Of Appeals BY John K 'i Porsr S' g.
writ Of error ' and fH
me IF e G9 of he ss Of Ssw
State Of New York the defendants IN said action
sd as are sin9o
s 3 sS s
IL plaintiff samuel asry aSa? District !St
Ss a
Judgment Of the Supreme Court n an things affirmed.
%
eis tn
said be
~
Of SLATE re y New n
Justices cs thereof accSrdng to the form Of the statute
Supreme Court before the Justices Thereon; &c;
Clerk OF the Court Of Appeals Of the State YORK
COuRr OF APPEALS ALBANY. Jan. 22 1873
transcript proceedings IN said action in the
wit" the otpf R sd ds4f
PROMPT ACTION BY THE DISTRICT ATTORNEY.
Mr. Phelps. District Attorney, Immediately on the
converting of the Supreme Court, General Term,
yes ay morning. Judges Ingraham, Brady and
~. on the bench, submitted the following Pc
u e. he Court, and at the same time passed up
" s.n tur as copied above
8, CoURr OF THE STATE or NEw YORK:
f-epad, VI BENJAMIN X. Phelps District Attorney
@ YORK ~ saS sT.; that william
o'a 7sI%ins ?h Holden d aAi in ! ana 1 9es
aoa si William Foster us was then then J a%i
e nan 5Sy Sx the %ns nsSa nnt ma as
aensre supreme Court Of the eH state Of Of
& iSsSs":s, snSas3 nSs$
I'd such adS Ren and q e4s sen
ss "iSa Hn' he Tss
moved Appeals which said case was s' duly
psse%ssT year day ssfS Jan,
sf hs ss Tn%
S ~ 'is The ] hosy Of Ss
county Of New York prays that a writ Of ha
S Sas s %Sy 3 q ito to
Gure into all the facts and and il legal
that the said Court sign drscted 70 the sheriff
,SSH Of said at be
County of Ne,o York. ss-Benamin K Phelps being duly
doth depoSe and say that the facts set forth the
formed and verify believes 80 ~ : =.
sworn before me- pe this 9Th day Of January, ls7a-onS
IMMEDIATE ACTION BY THE COURT.
Directly on the reading of the remittitur and Pc
asked for and made the same returnable forthwith.
The latter document was promptly placed in the
hands OF the Sheriff. and, meantime, until Foster
was brought into court, the judges busied them
selves signing various orders incidental to the
closing Of the business of the term.
ARRIVAL OF FOSTER.
Less than half an hour elapsed before the pro-
ductiOn of Foster In court Sheriff Brennan and
two Deputy Sherffs accompanied the unfortunate
man, and bringing up the rear were his counsel,
exJudge Porter William o. Bartlett and Henry G.
Allen. Ex-Distrlct Attorney Garvin, who con-
present. Foster had on chinchilla overcoat
and underneath wore suit Of plain black:
funess OF face and ruddness Of complexion so
strlkingy noticeable when he was first arraigned
for trial were no longer visible: palIor, almost
deatn-like overshadowed his face. He walked,
however. with firm steady step and took the seat
assigned him, ex-Judge Porter taking seat on one
side OF him and Mr.. Bartlett on the other As no
publicity had been gwen of his intended pro-
| ducton in Court there was but q thin attend
ance at first in the court room, but the
and in few minutes after his arrival the
room was nearly filled. Almost every eye was
turned nlIn, Dub fOSueT pdlu no dtteutlOn 10
the curious looks of the inquisitive crowd. He sat
| with head bowed down and eyes bent on the floor.
| Judge Porter whispered something in his ear two
| or three times. and beyond giving attention 70
| these whispered utterances he seemed to pay no
heed to anything.
ASKING SENTENCE TO BE PASSED.
Mr. Phelps, few minutes after Fosters arrival,
slowly in his seat and asked the Court to pass
sentence of death upon the prisoner in accordance
| with the remittitur OF the Court OF Appeals making
| such obligatory upon them.
FOSTERS ONLY WORDS.
Mr. Clark, the Clerk, asked the prisoner to rise.
He did so promptly, but his knees trembed visbly.
1t was evident ne keeny felt the tcrrbeness of his
Bo nof ras hiao hut kan Mt