The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-03-21

The Case of Foster.

Gov. DIX should Ylelu ~ inc last mOHeH'
to the tremendous pressure on him for
clemency. AS an original proposition
as protective policy for Society-we do
not believe in the efficacy Of hanging
people. The capital penalty too often
fails Of It's object. It Is the certainty Of
punishment, not the severity Of 1t, that
dcters from crime-if, indeed, punishment
deters from crime at all and that Is q
proposition open to some doubt But 30
far as the fear Of punishment can be pre-
sumed to lessen crime, certain incarcera'
tion Tor life would be more dreadful
prospect to set before most men than
tue chances Of hanging, with the
chances Of escape, as those chances
exist under tho present criminal RyS-
ten and practice. While the pen.
atty for murder Is capital, punishment
is fur less probable, as every days crimi-
nal record shows, than II the punish
ment were lie Imprisonment; 30 that
whatever salutary restraint the fear OF
punishment does exercise, part of 1t
Is lost through the uncertainty that now
attends convictions for murder. Having
digrcssed thus far, VIC arc led TO add that,
nr course, imprisonment Tor murder
would be but a useless folly, with the
psrdoning power abused as 1t now Is by
the national and State executives, That
would have 10 be taken away aud all par.
don of convicted murderers forbidden ex'
cept where proof OF innocence should
afterwards be adduced. And the fact
that such proofs sometimes arc discovered
long after tho innocent victim has been
hung, while under a system oi imprison-
ment he might be restored to liberty and
society, furnishes most powerful argu-
ment against capital penalties.
But we set out to say that while hold
ing such opinions as these, we believe in
tho enforcement Of the laws as they arc.
UutiI they are enforced, We cannot hope
that those laws ever will be improved.
The result Of all laxlty is that the laws
get worse; and the reason is because 80
ciety gets worse. While the laws say men
shall be hung for murder, there Is no
safety but in hanging them; and If ever
there was case where an execution was
likely TO have salutary effect, we!pre-
sumo the case Of Foster is one. The crime
which he Is to expiate to-day was pecu-
liarly atrocious. A gentleman, void OF
offence, riding in street car with two
lady acquaintance, mother and daughter,
endeaVored in the mildest way TO protect
tho latter from the insults Of stranger,
who had taken just liquor enough to arouse
his evil nature without confusing his
brain. For doing this that gentleman was
threatened by the ruffian, and some ten
minutes afterwards, when escorting his
lady friends from the car, was struck
down by him and fatally wounded The
villain watching his opportunity had slip
ped round and detached the hook from
the car, and falling upon Mr.. PUTNAM
when most defenceless and least expect
ing attack crushed his skull. It was q
crime committed without provocation,
and so atrocious in its circumstances as to
appeal TO every emotion OF Indignation
and every sense of outraged justice.
With the law oil New York as it stands,
these facts being plainly proven, Foster
should have been hung without needless
delay. But the bloody ruff1an was con.
nected with somc wealthy and respectable
families, and aveuging Justice in New
York is only meted out to tho poor and
uninluential. These respectable people
would be disgraced II an otTahoot Of their
houses should be straDgled under the gal.
lows. Hence this protracted and exhaust
i've effort to save him.
Ifthis were all there Is in this case, 1t
would still be comparatively unimportant.
But there has been long series OF mur.
ders In New York almost wholly unpun.
ished, and nearly every night or day adds
to the bloody roll, till life has become al
most as cheap there as it is in semi.bar-
barous communities, and real alarm for
safety has taken hold Of the public mind.
A New York gentlemen said to us the
other night, speaking Of FosTER's case,
that only a resident Of that city
could fully realize the present bold.
ness of the criminal classes there,
the impunity with which men are
knocked down In the streets day or
night and robbed, perhaps murdered, and
the imperative need of checking this
dangerous lawlesness, now conniVed at
by the subordinate local authorities, by
setting an example Of retributive justice
that shall strike terror into the slums and
dens oil the Five Points, All the rnftisns
Of New York, he remarked are watching
the issue Of the effort to save FOSTER.
Should his sentence DO commuted, these
classes will attribute it altogether 10
weakness on the part Of the
authorities and a fear Of execut.
ing tho law. II he is not hanged
they will, therefore, take fresh license,
and crime will thrive all the more
luxuriantly. 1t is realization Of this
that makes the better and more thought
full classes In New York SO terribly IN
earnest in demanding FosTER's execu-
ilnn. and which foriiHes Gov. DIX in hlH