New-York tribune., 1873-03-21
THE DEATH PENALTY.
FOSTERS LAST HOURS.
THE PRELUpEs TO HEMPEN JUSTICE.

THE PRELUDRs TO HEMPEN JUSTICE
Mr.. Allen. one of the counsel for Foster,
consulted with Judges InGraham aud Davis yesterday
az 10 the possibility Of obtaining writ OF prohbiuon
asa,nat the execution OF the death sentence the
ground that the having been upon
the dav by Court the prisoner should have
aga,n been taken before the Court aud another day
named ID other words, counsel claimed that the Gov
ernor having ordered respite could not again order the
execution. Tue Judges, however. informed counsel
that there nothing in the point raisod and that the
application. If regularly made. must necessarily be
denied and the execution ordered to proceed. This de-
sroyed the last hope OF counsel except IRON the cleE
ency Of the Governor,
MT Allen told TRIBUNE reporter that he had bad
nothing with the management of the case nor had
he nterfered with it since the LIST of January
last. The question occurred whether the pro
cess under which tho Sheriff Is about TO oon'
duct the execution would warrant that oftcer
in proceeding. This question Mr.. Allen submitted 70
several OF the Justices of the Supreme Court He mace
DO application for writ of prohibition or an in)uno'on
Us he was well that such proceedings wouu no'
lie against an executive officer. He claimed
right. properly a public officer as es'Ien
or as one OF the counsel Tor fOsVer'
TO submit the questio stated The Judges eohsueu
mud came to tho conclusion that the process was su
nient Further than this Mr. Allen did not attempt 70
60 and he said that the DisrictAttorney had maze
up his mind that the process was Illegal "ouu n"'o
been his duty to adopt the same course
strictAttorney Phelps. who present, concurred
a, the ast statement and said that Mr. Allen was one OF
Posters original counsel aud had had nothing 10 40
with the case since had been in the DistrctAttor
peys office. Mr. Phelps no improprlety' therefore,
Ia tins action.
The prcp,ratiops for the closing scene to-day
heun nv the sheriff and his deputies at an early hour
YESTERDAY and the scafcd erected in the south
western angle Of the prison yard 1t consists OF TWO
upright poles feet hgh with orossbeam 20 feet long,
n is the which has been IN use for 10 years. ana
has been the instrument OF the hanging OF IL men-
Friery Hawkins, Gordon Ferris Wagner OBrien, Real
Thomas. and Reynolds, at the Tomos, and Gonzales,
Pelsser and Rogers in Brooklyn. The rope to be used
Is new one OF the best Russian hemp. 1t Is only han
an inch In diameter but would bear several hundred
hounds weight Tho soaffod Ia only 10 feet from the
condemned mans CELL and the sound made by the car
penters at work must have been heard by him with
awful distinctness.
Foster made attempt, yesterday, to assume an ap
pcaraDce cheerfuness but gloomy and silent all
day, seeming to shrink from che thought Of his ap-
preaching DOOM Deputy SheTifs Barnet and Gubeton
were in charge him all day losing sight of him.
though remaining at sufficient distance to permit prl
vate conversation between the prisoner and the friends
who visited him. In kthe ievenngDeputy Sherifs See
bacher and Hanbury took charge, after making strict
search OF the cell prisoner to that he had no
means OF committing suicide. AT this morning they
will be relieved by Deputies Daily and Duffy, from whose
charge he viii pass to that OF the Sheriff, who Will con-
duct him TO the place of execution.
About a. M, yesterday, Foster wife, brother. and
brOtheruaw visited him. AS they Ossed the prison
yard they passed close to the SPOT where the fearful
preparations making for todays legal tragedy At
tue sight the faithful wife nearly overcome. and
fallen TO the ground but for the support Of
her brotherlnaw, who led her into the corridor His
wife remained with him until evening.
During the forenoon the Rev. Mr.. SchOonmaker, Chap
lain PrisOn visited Foster and
talked with him for some time, urging him not to
encourage any hope Of averng his fate but to turn bis
thoughts upon the future and TO prepare for the great
change. After the Chapain's departure the doomed
threw himself upon his bed by the SIDE Of which
his wife and brother were seated and talked with them
in low tones. About O'Clock, the Rev. Mr.. Walker
called upon him, order prepare him for visit from
MS mother who after appeared. The conversation
between the unhappy and her wreiched s0n was
overheard by After the interview Fosters
Counterauce assumed brighter appearance Later in
the afternoon other relatives called 20 say farewell.
About o'clock Sheriff Brennan visited the condemned
10 learn what his last wishes, and TO promise
20 carry them out so far as practicable.
The Rev DIR. Tying and the Rev. DIR. Peet have prom
iscd cell Foster this morning, and TO DO with him
last. The religious services yesterday afteI-
noon were Of the Protestant Episcopal ritual for
one near death and shared by Foster who seemed
% have the utmost confidence in Dr. Tying, paying close
attention 10 all lac said.