The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-22
THE STATE CAPITAL.
Election Of Roscoe COnkling to the
United States Senate.
The Court Of Appeals Seals the Fate of
the Car Hook Murderer.
A Reckless Use Of Weapon May BE MUIR
der in the First Degree.

ALBANY. Jan. 81, 1873.
The Court OF Appeals to-day affirmed the judy
ment OF the lower Court in the case OF
THE CAR-H0oK MURDERER, FOSTER,
and RENTED the proceedings for further action in
the Court below to carry the judgment into effect
In other words, the prisoner has been refused
new trial. and
HIS ONLY HOPE FOR LIFE NOW LIES WITH rHB
GOVERNOR,
which, 1t Ia scarcely necessary to say Is no hope
at ALL The Court were unanimous in the ir deci-
sion that the conviction In the lower Court of the
wretched man OF murder In the first degree was a
righteous one according to the eviden ce. The law
yers who are here attending the Court, many OF
whom are among the most eminent In the State, ex-
press the opinion that this decision will 60 great
way toward preventing other appeals Of like
AN ABSENCE OF INTENTION TO KILL.
The opinion OF the Court, which has not yet been
the first degree for one man to kill another ny the
violent and reckless use OF weapon which Is likely
to cause DEATH and considers the party so using It
chances as 10 whether he kills not and that this
recklessness as to what may be the result of his
violence constitutes murder In the first degree.
ACQUITTAL OF JUDGE CURTIS.
The decision OF the Senate In the Curtis case
seems to excite no surprise, although there are
those who incline to the belief that, being DEM
Ocrat,
HIS AcourrTAL WAS SORT OF OFFSET
10 dCqulCtal Vi FTlnule u republican. ID gen.
orally conceded, however, that the prosecution
failed to make out their case, not because they did
not try to, but as some say because the witnesses
they depended upon, for some cause or other, did
not come up to the scratch when they were called
upon to make good what they had beforehand
claimed to be able to testify about. There are
QUEER STORIES AFLOAT
tonight about this particular feature OF the case
but rs the Judge has been adjudged not guilty Of
the charge brought against him 1t would only be
doing him injustice, probably to repeat them now.
HIS FRIENDS
here are naturally very jubilant over the way the
matter has ended and are making merry accord.
ingly.
The hearing OF parties in favor OF and against
THE CORNELL CHARTER
which Is to take place tomorrow before the Joint
Committee on Cities is all the talk this evening
among the members OF both houses. A desperate
effort Is to be made by George Bliss and his party
shape and to that end Bliss, Hugh Gardner, Gen.
eral Arthur, Tom Murphy, Lanin and host OF fed
eral ofce-hoders, it is said, will be on hand to do
their level best TO convince the committees that
that they are correcting their views.
THE COMMITTEE OF SEVENTY
on this occasion Will make It's first appearance at
Albany for this session and will come represented
by Rufus Ch0ate, Jackson 8. Schultz and Dorman
b. Eaton, John Wheeler, Professor Dwight and
others. The three first mentioned are coming as
TO OPPOSE CERTAIN OBJECTIONABLE FEATURES IN
THE BILL,
which they look upon as non-republican. The
others are to appear as the friends OF the people,
regardless OF party to argue against 1t as not being
In reality reform measure.
THE DEMOCRATS,
as far as the hearing is concerned are to act the
part OF lockers on. They will make demOnstra-
ton and let the republicans have all the talk to
themselves A large number OF prominent re-
form Tammanyites are expected to be present
simply to listen and be edited by the discussions
What action they will take about the bill and what
pipes they will lay afterwards to make 1t nave
nard road to travel II it is finally tabled into the
two Houses with It's "radcal' reforms uueradi-
Gated, will probably be decided upon before they
go home.
NEW MEMBER OF THE CONSTITUTIONAL COMMISSION.
Hon. Lysander Farrar OF Rochester, was to-day
appointed by Cove rnOr Dix and Secretary of State
Scribner q member OF the Constitutional Commits
sion In place OF Hon. David Runsey, Judge OF the
Supreme Court.
NOMINATION CONFIRMED.
The Senate in executive session to-day confirmed
the nomination OF Nathan Bishop, OF New York
City, to be Commissioner Of Public Charities