Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-01-23
THE RUTLAND HERALD.
THURSDAY, JANUARY 30, 1872.
Fosters Case.


Fosters Case.
We, this morning, have the gratifying
intelligence that the Court of Appeals OF
New York has affirmed the decision OF
the court below, in the case of Foster,
the notorious and brutal ''car-hook muir
derer" of Putnam, some year or more
ago, in New York city, and that he has
been ordered to be hanged We use the
words gratifying intelligence" advised
". and it is gratifying for several rea-
sons. It shows that hanging for murder
is not played out in New York city,
more conclusiyely than did the conVic-
ton of Stokes. He belonged to differ
ent and more dangerous class of murder
ers than did Stokes, and of a class far
more difficult to convict and punish, as
the criminal records of that city will at
test. The conviction of Stokes, what
ever may have been its effects on Ger
tain class of criminals, who, by strange
abuse of language, are called 'the bet
ter class" its effect has been by no
means general, as the daily press reports
demonstrate Since the conclusion OF
that trial, there have been, in New
York, at least three murders of extra
ordinary atrocity, one was a wife muir
der, another, the shooting of Clarence
| Lockwood, Monday night, and the third
J 6 O the
present writing, is unknown, who was
soolly and deliberately shot to death Ill
a public square, about sunset, Tuesday,
without any provocation, except the old
shallow one of self defense. Now 1t is
apparent that the conviction of Stokes
has not tended, in any degree, to check
the disastrous flood of crime that is
sweeping over New York. There is
no doubt, whether true or not, that there
! is a wide spread belief that Stokes was
! convicted, rather in response to the feel
ings of an outraged public and the de-
mands of the public press, than accord
ing to the law and testimony. We know
that such is the opinion of some of our
wisest and best men, both lawyers and
lavmen. We know that the time of his
trial was, for him at least, unfortunate.
! The public sentiment of New York city
and the country was aroused upon the
/ subject of crime and the punishment OF
crime, and well it might be. Few men
sitting in the capacity of jurors would
have the moral courage to oppose an
outraged and decided public opinion.
With the conviction of Edward s. Stokes
we have, as we have said on a former
occasion. no fault to find We have no
particular sympathy with him or his
victim, and the world, certainly will not
be the loser by the absence of one or
both. For the reasons stated, however,
the result of that trial has had no effect
in staying the hand Of the murderer.
The result of this case of Foster, We
trust, will be different There can be
no gain-saying the fact that he had a
fair and impartial trial, and Mt a time
when there was no undue excitement of
the public mind His case has been
calmly and carefully reviewed by the
Court of Appeals, and his doom sealed.
1t cannot fail to carry its lesson to the
whole community and strike terror TO
/ the heart of the would-be murderer. 1t
ASSURES tIe entity th"t, tl-~se', j'@4;ao -
slow, yet it is sure.
There is another reason why the in
telIigence is gratifying. 1t puts to rest,
or ought to put to rest, the senseless
clamor that the laws delays are fatal to
justice We see, in this case, that the
guilty man does not escape, that chang
ing for murder is not played OUT" We
ought to rejoice in, rather than rail
against, the laws delays. We must re-
member that laws are enacted for the
/ protection of the innocent as well as the
punishment of the guilty. The popular
instinct is generally right, hut popular
clamor is as apt to be wrong as to be
right 1t is a fearful thing, under any
/ circumstances, to pat a man on trial for
| his life, and the law has wisely provided
that he shall have not only fair and
impartial trial, but that he shall have
the presumption of innocence in his IA
yor, and the benefit of every doubt. In
noccnt men have been sacrificed by the
clamors of the populace, as we'll in the
| courts Of law. as in the courts of Judge
| Lynch, and by the DEGREES of self-con-
| stitutcd vigilance committees. While
the community is entitled to protection
| let it be remembered that it can only be
/ assured by the amplest protection to the
humblest individual forming that COM
munity. 1t is gratifying intelligence,
/ therefore, to learn that Foster is to be
| hanged. His case has been calmly in
vestigated, there has been no haste about
it, no undue excitement in the public
! mind, he has had the benefit of every
doubt, an able court, away from the
scene of the trial and of the murder,
have deliberately pronounced his doom.
Political influence did not and cannot
save nm, ana nanging for the murder
he committed is not played out. Well
may the guilty tremble and the innooent
be glad.
NORTHERN PACIFIC RAILROAD. The
Northern Pacific railroad company is