The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-19
THE DOOMED CONVICT.
Foster Failing in His For.
titude.
How He Read the Governors Letter-He Criti-
cises 1t, but 1t Kills His Hope-'I Only Struck
Him Once'-The Jurors Last Appeal.

William Foster, for whom but forty eight hours
OF life remain, was visited yesterday. as usual, in
his cell by the few friends whom he consents to
receive, and passed a day Of comparative calm;
at least It was an outward calm, and the world
may never know how vast an ocean OF thought
rolled through his brain and blowed against his
heart as memory pictured to him the erring past
and imagination wrought before him in mystic
outline the supernatural, shadowy future. The
doomed man arose from his bed at about six
O'Clock, and shortly afterward partook sparingy
OF a meal OF light food which had been prepared
for him by Mrs. Foster, the kind matron of the
prison. Among
HIS FIRST VISITORS
were his wife anu Rev. DR.. Tying.
Shortly after DR.. Tyng's arrival Foster read the
morning papers, his attention being directed first,
and in all probability exclusively, to Governor
Dlx's letter stating the grounds upon which His
Excellency denies to interpose his prerOgative OF
clemency. Foster criticised the Governors letter
very closely, and disputed some or Its assertions.
"There, you see" said he, "he says struck Put
nam two blows, but only struck him once. did
net strike him second timel' And so the unhap-
py man went on TO argue his hopeless case when
there was no tribunal to hear and his appeal had
seats OF men, The general impression to be gained
from hearing him as he reviewed the Governors
opinions was that he felt all hope to be gone and
that the letter was the fiat of his fate.
Fosters appetite has noticeably failed within the
past week, and since last Saturday and sunday he
SINKING IN PHYSICAL STRENGTH
as wen as IN iortltade. The opinion expressed by
oficials about the TombsMby those who see the
some difficulty may, perhaps, be experienced In
carrying out the sentence on Friday. He is de-
pressed in the extreme, and constant meditation
upon the terr0rs OF his position seems to be break
ing him down without his consciousness Of the fact.
On saturday ana sunday he encouraged the hope
in some degree that the final appeal to the Gov
ernOr which was alluded to in the HERALD OF Sun
day, and which was presented yesterday to the
Governor by Judge Pierrepont, would have effect
in his favor; but the Governors close reasoning in
his letter on the question OF the
VALIDITY OF THE PETITION
OF the jurors has almest dispelled the last vesge
of that hope.
called upon the doomed man yesterday and con-
versed with him for short time, and did the COM
parative little that lay in their power to lit
with words OF Kindness the cloud OF gloom that
hovers over his mind, and the prisoners brothers
also were with him for several hours.
The special cards OF admission to the prison is-
sued by the Sneri were yesterday furnished to the
PRESS as well as to the physicians and officials
W ErS duSy is 10 oe present at inc on
nounced by the Sheriff as to the hour at which the
execution Will take place.
A Novel Plea in Behalf Of Foster-Scven
Jurymen Acting on Second Thought.
ALBANY, March IS, 1878.
The following document was presented to Gov
ernOr Dix to-day by Hon. Edwards Perrepont:-
Citv and county Of Net1 York, ss.--The People
VS.. William FOster.-We do sOlemnly swear that we
were jurors In the case of William Foster; that the
conviction in his case could never have been OBJ
tanned but for the opinion which prevailed among
the jurors that their unanimous recommendation
to mercy would insure the continuation OF the SEN
tence to imprisonment for life. This terrible mis-
take cannot be remedicd now except by the Gov
ernor. We would do 1t If we had the power; but
we have not. We earnestly appeal to YOU therefore,
the only person who can do 1t, to prevent a man
rom being put to death through an error of
opinion on our part at the time OF the trial. In
doing this we do all we can to wash our hands OF
Fosters blood, and we humby assure Your Excel
ency that II the sentence be carried into effect In
view OF the circumstances which we now under
oath lay before you we shall never cease to look
upon 1t as an unjust punishment. which was not
contemplated by the jury in rendering the verdict.
=. y. HOAGLAND. GEORGE X. CHASE.
II. T. MARTIN. JAMES DANIEL.
SAMUEL DOWDING. Ii. G. ROGERS.
HENRY LEO.
Sworn to this 18th day Of March, 1873, before me,
ADAM Cos, Notary Public New York county.
The Governor said he would give the document
his most careful consideration.