The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-04
" FOSTERS DOOM"
No Decision from Cover
nor Dix As Yet.
ton with the neutrality-suspicious. Being
Made by the sherifrfor Fosters Execution.

Day by day the fatal Friday approaches on which
William Foster is to suffer the penalty OF the law
on the gallows Tor the murder OF Avery ID. Putnam.
Unless Governor Dix should interfere very shortly,
If he interleres at all, which 10 doubtful,
1t will be too late to save Foster This
morning Sheriff Brennan will issue invita-
tons to O jury OF twelve known and reputable
citizens to act as jury and to about dozen ply
sicians who are to attend the execution OF Foster.
Beside this a number of representatives OF the
press will be invited in the guse OF "specla" and
'sworn" deputy sherifs, in addition to oil the
judges police and civil magistrates Of the county,
even to the District Court, the justices who in
Guided by statute among those whom the Sheriff
ID compelled to issue notices to attend the hanging.
Up to twelve O'Clock last night Governor Dix,
who was at the residence OF his sonn-aw, Charles
F. Blake, at No. West Twenty-Hrst street, had
given no decision up to that hour, and refused tn
give any information whatever to the press, with
the exception of stating that he was entertaining
the case and giving 1t due consideration.
Yesterday afternoon and evening Governor Dix
had long and private conference with Judges
Allen, Eolger Andrews and Rapallo, OF The Court Of
Appeals of this State the last and highest tribunal
before which Fosters case was adJudicated:
There are seven Judges of the Court OF
appeals ais, the other three beng Chiei Justice
Four Judges OF this Court make quorum, and, as
they had come TO town in regard to making
arrangements Tor holding civil term OF the q urt
OF Appeals, Governor Dix seized the opportunity
to consult with the Judges OF the Court Appeals,
to whom the counsel OF Foster made his last ap-
peal. The conference was rieidly private, and NO
inkng OF the proceedings was allowed to 20 out
reporter called On Judges FOger and Allen at
the Filth Avenue Hotel, where the conference was
neld last evening. and having sent up his card Tor
nn, there, the two latter gen +, J;
Another call was made on Judge Charles A..
RapallO, OF the Court OF Appeals who resides at II
West !hrty-hrst street, and this gentleman OBJ
served In his demeanOr the same OtllctaI
air OF mystery IN regard to the con erence at the
hotel with Governor Dix. He said that the latter
was "entertaininS' the case very seriously" and
had not come to any conclusion as yet.
call was made on the counsel OF the condemned
man at 70 Broadway, but this gentleman
refused to give any information what.
known, however, that he has been working
desperately and with some slight hopes Of success
with the Judges oil the Court OF Appeals and the
Governor for some time in hope that his clients
counsel has u large pamphlet printed, in which,
letters are given from Ii on. Hamilton Fish, William
M. Evarts. Abraham X. Lawrence Henry f.. Davies
and a great number OF leading EplscOpalians In
favor of saving the lie OF Oster.
1t Ia probable that Governor Dix will let the
Sheriff know his decision before he goes TO Albany
the gubernatorial mansion at Albany. Should he
follow the former course 1t 10 understood that he
will give iull explanation OF his course and de-
cision His letter. 1t Is sad has been prepared for
publicity The erection oil the scatlOd will begin on
Thursday morning.
FosteEspent tine day, as usual. sitting in the cor.
rid0r talking to his wife almost constantly and &C.
ca&iOnally cOnversng with his friends or O stray
clergyman. He sits near the stove to keep himself
warm; but AZ the time approaches on which he is
to suffer he seems to be losing his frmness. and he
day OF suspense goes by with the sword OF Damocles
hanging over his head.