The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-03-19
Governor DIX and the CarsHook Muir
dercr-The Sentence to be Executed
Gknry of tho Grim a. gys 8

| Governor DIX and the Car.Hook Muir
dercr-The Sentence to be Executed
Story Of the Crime.
Governor Dix has written letter TO Rev
DR.. Tying declining to interpose the ESecu.
tive authority In the case of Foster, under
sentence Of death for the murder Of Avery
D. Putnam nearly two years ago, aud stating
the circumstances and considerations on
which bis DECISIONS founded. A large part
Of the letter Is devoted to review of the
history Of the murder, the trial, and the
efforts made TO obtain from higher courts,
including that Of last resort, reversal of
the decision Of the lower court, and then
| the Governor says:
| "The question presented to me Is whether
l shall interpose the authority of the State
| and commute the penalty of death. which
| the law awards to murder, to imprisonment
for life. In support of the application, it is
| urged that tho verdict was accompanied
with recommendation to mercy, and that
1t is the duty Of the executive to consider
one as part of the other. This verdict and
accompanying recommendation, together
with statements and affidayits of large ma
Jority of the jurors, declaring that some of
| their number did not believe Foster intended
to kill Putnam that they thought imprison.
ment for life as great punishment as;he de-
served, and that they would not have agreed
| to render verdict of murder in the first de-
gree If they had not been assured by one Of
their associates, who protested to have a
knowledge of the law, that the verdict
coupled with the recommendation, would in
sure communication of the sentence"
The Governor states that it has been a
source Of great anxiety to him in coming to
the right decision, but adds: "The prece-
dent OF submitting after revelations Of secret
consultations of the jury-room for the pur-
pose of annuling verdicts rendered az true
under the solemnity Of an oath would be per-
ilous in any condition Of society, and in the
present defiant reign Of crime such prcce-
dent would be fraught with infinite danger
to public order.
"With firm conviction that there was no
error in the ruling Of the judge at the trial.
and that the evidence fully warranted the jury
in rendering verdict of gully of murder in
the first degree, there is nothing in the case
which can justly commend it to Executive
cemency, and he cannot interpose to miti-
gate the punishment. II he did disregard
the evidence and judgment of the courts the
inevitable effect would he to impair the force
of judicial decisions, and break down bar
rers which the law has set up for the pro-
lection Of human life.
$50 far as depends on me the supremacy
Of the law will he inllexiby maintained.
Every man who strikes mlirderous blow st
the life of his tellow-man must be made 10
feel that bis own is in certain peril. II we
cannot by tirmness of purpose attain this
end wo may soon he forced to acknowledge
the disheartcning truth that there is nothing
80 cheaper so Unprotected as human life
On the morning of Friday, April 90. 1871,
New York learned that one OF her citizens,
Avery u. Putnam by name. had been cruelty
murdered the previous evening while at
tempting to protect two ladies from the in
suits of drunken rutlian. Mr.. Putnam, be-
fore he died, made an antc-mortcm state
ment, in which he narrated the circumstances
Of the assault and recognized William Foster
as the person who committed the cowardly
attack upon him.
The facts of the case, rs published at the
time, were rs follows: At II O'Clock on
Wednesday night MIR. Putnam, merchant
doing business ut No. GS Pearl street and re-
siding at No. 3 College place, accompanied
by Nine. Duyal, a modistc Of No. 7G2 Broad
way. and her daughter. entered Cur No. 40
of the Broadway and 'SeventhArenue line,
to ride up town. Mr.. Putnam and The Ia
dies took seats in tho forward part of the
car. and at Sixteenth street Foster,
an eX-conductor of the road, got on
the front platform. lie then stared per-
sistently at Miss Duval, and as she
paid no attention to his grimaces, he pushed
open the front door and looked directly at
her. Mr.. Putnam, on seeing Foster thus in-
suit the young lady, rose from his seat and
closed the door. This incensed Foster, and
he opened the door again, which was inn
mediately closed by Mr.. Putnam. When the
cur reached 1hirtieth street Foster came in
side, and, remarking that he had paid his
fare and was entitled to scat, sat down
close beside Miss Duval. He then behaved
in british manner, and made noise with
his lips which induced the young lady to
change her seat. Mr.. Putnam then inter-
fcred, and said although Foster was entitled
to seat in the car, yet he would not suffer
the ladies in his charge to he insulted. at
Forty-slyth street the Car was stopped and
Mr.. Putnam alighted, leaving the car by the
front platform. AS he was assisting the ladies
to alight Foster went out and stood upon the
front platform. He had previously said that
he would give Mr.. Putnam shell" and seiz-
ing the car-hook proceeded to execute his
threat. Striking Mr.. Putnam on the head
with it he fractured his skull, and inflicted
wounds from the effects Of which Mr.. Put
nam died the next day at st. Luke's Hospital.
Foster was arrested, tried, convicted, and
sentenced. Subsequently the Court OF Ap-
peals affirmed the sentence, and Foster will
he executed on Friday next.
-Hp-