, 1873-03-14

tho attainment OF their desires than ever.
PUBLIC EXCITEMENT OVER FOSTERS CASE.
The interest which has beon' developed in the
effort to secure the communication Of the death
sentence OF Foster, " the car-hook murderer, :"
is almost without parallel in the history Of
American criminal cases. It has been worked
up ahrewdly md systematically. First family
interest, then Church interest, and finally 3
political influence were secured in bis favor.
The petition for communication, with formidable
list Of names, MAS presented to the Governor.
This was quickly followed by the insertion in al
the New York City papers Of the documents sub
mitted in favor Of communication. These were
inserted OF the same day, and in tho samo style,
giving tho collection the appearance Of an adver-
tisement. The publication Of these documents
was followed next day by editorial COM
ments pro and con. To these have suc-
ceeded columns of communications from the
people and one New York journal Says that it
has never before received 80 many letters on
any one subject. Public opinion has thus been
manufactured until ardent partisanship and vio-
lent opposition in Fosters case hnre taken the
place Of the regular course OF the law. Mis-
taken mercy and maudlin sentimentauty on the
one side, and cruel burlesquo and savage de-
mands On the other, arc the general character
istics Of these popular communications. There
have been two or three notable exceptions in an
attempt to prcsent Fosters claims on legal
grounds. Tic leading feature OF this effort is
represented by Mr. ". II. Egarts, who holds
that the penalty OF death must be strictly con-
fined, under the statute, to "premeditated de-
sign, or doath as tho result Of the crime Of ar
son. The circumstances Of tho Putnam murder
are then reviewed to show that thcro could
not have been any premeditated design On the
part Of Foster to produce death. It is held by
lis friends that tho II 'carhook - is not recog-
nized instrument Of death that there we're no
preparations for the murder OF llr. Putnam;
that the act WAS committed in the heat OF mo-
mentary passion and under tho influence OF
drink. Another ground upon which Fosters
Communication is aaked, il that tho surviving
jurors testify that they agreed upon their verdict
upon tho understanding that tho recommends.
ton for mercy which they made would lead to
the communication Of the death-sentence and
they now say that it was just this question Of
design upon which they could not agree Upon
thiB statement, Mr. William Orton is at paina to
publish his opinion that the sentence
should DO commuted. From these two
points, the friends Of Foster dirergo into all
sorts OF trivial pleas OF justification. Somo OF
them claim that the demand for Fosters life is
more heinous than the commission Of his crime,
and that he is to bo martyr to public clamor.
Others insist that the wound which Foster gave
With his c2r-hook was not necessarily fatal, and
that the surgeons who permitted Mr.. Putnam to
die ought to be hanged II Foster moots such
fate. IA Neglected Wife" e7en goes go far as
to regard Foster rs !" the noble and sacred aven-
ger of deserted wives !" holds that NIr. Putnam
deserved his fate because he WIS absent from
his own hearth and interesting himself in other
women than his oWn wife;;' proposes that q sub
scription should bo started Tor Fosters benefit,
and ia confident that thousands Of wives would
thus testify their obligation to q this noble, Mis-
used, and prosecuted man," These extracts from
/" public opinion will serve to illustrate the de-
gree Of scnseleaHness to which q portion Of the
public can be urged by agitation.
There are not laekiug vigorous protests against
listening to these false pleas for mercy that is
nndoserTed. In spite Of 1Irs. Putnam's denial
OF the charge, there seems to be good evidence
that sho received large sum OF money from
Fosters friends for writing her letter to the
Governor. At least, Mr. William L. Allen,
cousin OF the Indy, processes to hayo aetnd ns
agent in the matter. There are reasonable ap-
peala from merchants that the Governor shall
not commute the sentence until the friends Of
Justice shall be given an opportunity to collect
popular protests against the e1.pdrte represen-
tations of the family and friends Of Foster. It
is urged with forco and Justice that the Supreme
Court aud the Court Of Appeals would not have
a affirmed the verdict If it had not been in &C
cordaoce With law, and it is held that New York
might as we'll resign itself into the hands Of the
outlaw classes, if so cruel B murder, 40 ndjudg-
VA " Noalt an4 4uAy3 oA04A ~ FoA@1A'seA
to escape the punishment provided BY law.
There are not wanting exhibitions Of absurdity
On this side Of the controversy. One corre-
spondent sees in it a revival OF the Church con-
hict against the State, and demands that GOV.
Dix sha1l take care to vndicate the latter BY al
lowing the sentence to be carried ont. Another
thinks that Foster should not escape because he
went to sqndAy-ackool when child, and sug-
gests that even Cain may have gone to Sunday
school, il there we're any snndayeschools in his
day, but that this circumstance did not save him
from the brand put upon him. 4 wit para~
phrases Gen. Di1's wsr-motto by suggesting
" Il any man attempts to shoot another in
America, haul him up on the spot"
There ia little doubt that tho results Of the
general controversy are in the interest OF Fos~
ters Communication, ss it is evident that no pub
lie discussion ct 60 1oose and ragrant . charao-
ter can occur without leaving law and Justice in
the lurch. Tha plain facts Of the Foster case ]