The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-16
"1w1LL NOT SHRINK FROM THEM"
His Respect and Esteem for the
Family of the Condemned.
THEIR EFFORTS IN FOSTERS BEHALF.
"The Shame in the Crime and Not in
Its Punishment"
Congratulations from Members of
the Constitutional Commission.

the Constitutional Commission.
ALBANY, March IS, 1873.
The Governor was called upon to-day by
large number Of persons who thanked him in
the name of law and order for the decision he
had made in the Foster case Several men,
bers of the Constitutional Commission. which
has adjourned sine die, also called to pay their
respects, and took advantage of the occasion to
CONGRATULATE HIM ON HIS DECISION.
''The people of New York CITY," said one of
them. twill now breathe freely, and the ruff
fans in and out of jail will feel that they can
no longer do murder with impunity."
AN INTERVIEW WITH THE GOVERNOR.
Your correspondent paid q visit to the Gov
ernor shortly after the members of the Con-
sttutional Commission had left and alluded
to the decision he made in the case of the car
hook murderer.
IT MADE THE DECISION,
i nave made, he remarked, utterly regard
less of the clamorous and so-called influences
which have been brought to bear to secure the
Communication of the prisoner. I have looked
upon the case and decided upon it, after the
most careful study and deliberation, solely on
its merits. Law and order must prevail cost
what it may. The position of Governor often
puts upon him duties that are hard to per-
form-sad duties but for all that they are
duties from which he cannot shrink.
WILL NOT SHRINK FROM THEM"
The Governor then went on to say that many
of the parties who had interested themselves
for Foster were dear friends of his. Speaking
of one Of the relatives of Foster, ga most
estimable man." who had worked day and
night to save his nephew and had resorted to
every possible method to induce the Governor
to commute the sentence, he remarked
II knew him well and knew him in Paris,
where we, in fact, lived under the same roof
together, and have but the kindest feelings
toward him and his family. He
DESIRED TO SAVE HIS RELATIVE
from an ignominious death. That was but
natural for he doubtless felt that Foster
death on the gallows would be disgrace to
the family. 'But"-and the Governor spoke
in low, firm voice as he uttered the words
'the shame was in
THE COMMISSION OF THE CRIME, AND NOT IN ITS
PUNISHMENT
On Monday the Governor will send to New
York letter, in which he will give in detail
the reasons why he could not consistently with
his duty commute the prisoners sentence.
may add that the Governors action in the case
was known to but very few in this city
until the news was sent from New York. The
matter was kept secret here until the Sheriff in
New York had been notified. Although the
decision at first surprised almost everybody,
it being generally believed that the Governor
COULD NOT WITHSTAND THE PRESSURE
from SO many influential quarters that was
brought to bear, it seems to give general salts
faction. As member of the Senate from the
interior of the State remarked to me this after
noon
THE influence of this decision by Governor
Dix cannot be calculated If any man, of all
of the New York murderers had chance
of getting mercy at the hands of the Governor
that man was Foster. We need no longer
doubt now what will be the fate of the others,
IF JURORS WILL ONLY DO THEIR DUTY
Sharkey's prophecy concerning himself and
his associate murderers in the Tombs may be
fulfilled after all He may now say with more
certainty than ever that his words will come
irue-I guess we're all goin' to gut
oounce.'"
AT THE T0MRS