The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-22
FOSTERS FATE"
The Court Of Appeals Refuse to Hear
His Prayer for Another Trial.
How Foster Received the News from His Wife
His Utter Despondency-What Edward 8.
Stokes Thinks About tho Decision
The Story Of Fosters Crime Told

companied by two children, entered the inner gate
OF the prison and asked to see her husband, Will
liam Foster, the murderer OF Avery d. Putnam.
She walked to his cell slowly and with GRIFFIN her
countenance, for she bore the dread intelligence
to her husband that there was no hope for him on
earth, despatch having reached her from Albany
privately that the Court Of Appeals had DECIDED
In his case that he must die on the gali0ws for the
crime he had committed.
The scene was terrible one, and the lost man
threw himself on his wretched prison pallet to.
tally unnamed. and he wept bitterly.
Soon the dread news spread throughout the diff
ferent tiers OF the prison. and the muttered sympa
thetic utterances OF his fellow prisoners reached
Foster, who admitted to the outside OF the Sec
ond tier. There he stood for half an hour with his
head leaning the railing in a stopped position
He seemed moody and lost to all sense Of place or
time.
The oflcial despatch which carried dlsmay to the
hearts OF Foster and his family and friends was
worded as follows, and was received by the late
District Attorney Samuel b. Garvin, who handed
1t to the present District Attorney Phelps for dis
posai:-
ALBANY, Jan. q, 1873
In Foster case Judgment affirmed and Court below
Clerk Court OF Appeals.
ASsistout DlStrlCJ Attorney LyueS stated TO q
HERALD reporter that the tull text of the Judgment
of the Court OF Appeals would reach New York
city to-day, and that the District Attorney would
at once move before the Court in which Foster was
convicted that the judgment should be carried
into execution. The day Tor the execution must
be fixed for period of not less than six nor more
than ten weeks from the day on which judgment
is affirmed.
Foster has always had an idea that he would be
saved from the gallows, owing to the great exer-
tions of his friends, and yesterday when the news
came 1t struck him like lightning. Sheriff Brennan
was not made aware of the final decision until two
O'Clock OF the afternoon, but when informed OF it
he stated that he was not surprised as he had
expected 1t all the time.
place HERALD reporter asked iQr admit ance yes
terday. Keeper Mat. Daily stated that he did not
think that Foster would see any reporter, as he
had steadily refused to do so all along, but he would
ask him. Keeper Daily spoke to Foster and said:-
'.Foster, do you desire to see HERALD reporter
and make any statement to him S'
FOSTER lin a surly tone)-No; don't wish to
make any statement and don't want to see any
reporters whatever.
told his friends and fellow prisoners that as so
many persons who used knives and pistols on other
persons had not been punished, he saw no reason
why he should be made to suffer, as he only en-
ployed chance weapon and that was used while
he was In state OF intoxicatiOn. AS general
thing the conduct of Foster while In prison,
though OF surly and reserved nature, has not
been bad, and his general bearing has been quiet.
While on his visit to Foster the HERALD reporter
had chance interview with Edward ). Stokes. who
Is awaiting stay OF proceedings, and the reporter
INT. Stokes what do YOU think OF the decision of
the Court of Appeals in the Foster caseH'
EDWARD ). SToKEs-l have no opinion about II at
all. His case is net in any sense parallel one with
mine; It has no bearing on my case, and cannot
say ANYTHING about the case OF Foster. l do not
wish to mold any conversation on the matter.
INTERVIEW WITH FOSTERS COUNSEL
reporter OF the HERALD called last evening. at
about six O'Clock, at the Hoffman House for the
purpose of having q talk with ex-Judge John X.
Porter, who has been arguing the case oil the muir
derer Foster before the Court of Appeals On In
quiry at the desk the reporter was informed that
the reporter was shown to his rOom--a very hand
somey furnished apartment on the parlOr
noor one OF suite occupied by the Judge.
There was lounge and table in the room, and
on the table were a number OF law books. There
was gentleman in the room at the time reading
an evening paper who was waiting for Judge
Porter. The latter, on entering the apartment
received the representative OF the HERALD in q
warm and friendly manner.
Judge P0RTER-Well, sir, what can do for you
HERALD REPoRTER-I have called, Judge, In
regard to the action of the Court OF Appeals in the
Judge PORTER docking very blue, but still cour-
teous)-I have nothing to say. l refuse TO answer
any questions about my clients case.
REPORTER-l believe you are the counsel in the
Judge PORTER tnterrupting)-I have told you,
sr, saa t,is c wa not answer your questions:
ali will say In this matter never converse with
third party about any OF my clients.
not compromise either yourself or your client.
Judge PORTER turning around quickly in his
char)-I will not be interviewed. have nothing
to say.
REPoRrER-This q very important matter now
for the public mind. and Will not trouble you If
you allow me to ask you one or two questions you
may answer or not. Before what Court will Fos-
ter be brought for sentence
Here the Judge arose from his chair good-hu-.
Ynnr q I'M 10 IN I'M
at Is no use my dear sir; you can't get me to
say anything; repeat Will not be interviewed"
the Judge for the information he had given MIN.
Judge PORTER tsmiling blandly)-1he weather Is
REroRrER-Yes, Judge, the weather is little
DAMP Goodby, sir.
And the 'intcrvicw' ended.
THE STORY OF THE CRIME.
At about half-past nine O'Clock on the Wednes-
day night OF April rs, 1871, Mr.. Avery D. Putnam
aprovisiOn merchant, doing business at IS Pearl
man named Cunningham was driver, and young
man named GOldthwaite acted as conductor, to go
Putnam, who was q well.known and highly re.
spected citizen, were Madame Ann S. Duva and her
two daughters, Ees Mabel and Miss Jennie Duval,
1852 Broadway. Az s.Ateenth street william Fos-
ter, aged thirty.three years, and who was very
ter made faces at Miss Jennie several times during
the ride and opened and shut the door several
times, and finally came in and sat down and quar-
relied with Mr.. Putnam, who was en-
deavoring to protect the ladies from his attacks
At Forty sixth street Mr.. Putnam got out, and
while handing Mrs. Duval from the car Foster In
drunken rage, ran from the front OF the car with
car hook in his hand, and delivered two powerful
blows on the back OF Putnams head, fracturing
his skull dangerously Mr.. Putnam was car
to st. Lukc's Hospital, where he died on
Friday morning, April 2s, at three O'Clock
his assailant, Foster, was subsequently Identified
by the three Duval ladies and by the conductor and
driver as being the man who committed the
assault. The greatest excitement and indigna-
ton was manifested by the community at the
time in regard to the murder, and Foster had a
speedy trial, beginning May 8, before Judge
Cardozo, In the Court OF Oyer and
Termner. Three panels, respectively OF $780,
200 and $50 citizens having been exhausted before
twelve Jurors could be obtained to try the accused.
He vas defended ably by the late Judge Sidney
Stutx and willard s. Bartlett. The jury, after re-
maize ort all night, rendered a verdict of
ssGul M murder in the first degree, with
a rec. ~ 'ntion to mercy INC iurv