The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-14


official enunciation by M. Theirs goes to
prove that the reproductive resources of France
are really indestructible and almost inexhausti-
BILE, and that the cause of the democracy is
| still onward in Europe
The Case OF Foster, tho Murderer.
1t is announced from Albany, ON what is
called high authority, that Governor Dix will
| to-day or tomorrow commute the sentence on
Foster to imprisonment for life. The recon-
mendation to mercy of the jury is said to be
what has most moved him to this conclusion.
In the absence of the formal decision we still
have something to say.
After a fair trial and all the resources of
appeal within the reach of legal perseverance
and ingenuity Fosters fate lies in the hands
of the Governor of the State. Each step since
the first conviction of murder in the first
degree has resulted in the affirmation of the
Courts below. The highest judicial tribunal
in the State--the Court of Appeals-could find
no palliating feature in the crime, no technical
irregularity in the trial Up to the rendition
of that decision the law alone furnished the
grounds for discussion. Since it has passed
within the sole jurisdiction of the Governor
no MEANS whether of sentiment religion or
volunteer legal opinions have been left untried
to sway the Governor to the side Of clemency.
In treating Of these the HERALD has had a
delicate task to perform. Believing that Gov
ernor Dix should be left to himself, we re-
Trained from commenting on what his course
should be. When, however, we found that
appeals of the most extraordinary kind were
being made to bias him on issues absurdly
apart from anything that should influence
justice we unhestatingly gave our opinion
on the fimsy nature of these appeals and the
danger in relying on them. Among them we
instanced the letter of Mrs. Putnam, the
widow of the murdered man. We spoke
of it as creditable to her woman's heart,
but observed its want of weight in the
premises. Immediately after this publication
we were furnished with the petition concern
ing the means used to obtain that letter from
Mrs. Putnam. Our reporters investigated the
matter and obtained strong verbal substantial
ton of the statements therein. Anxious not
to do injustice to Mrs. Putnam, this testimony
was held back from publication, while a
HERALD reporter was instructed to seek the
lady and give her an opportunity to deny the
alleged money transaction. This would have
been the easiest and simplest course for an
innocent person. Had she done so there
would have been an end of the matter. Her
course, however, was far otherwise. She de-
clined to see our reporter or even to answer
his note, and thereby forced publication of
| the entire matter. Her subsequent denial
| published in yesterdays HERALD, may or may
not set the question at rest; but in the
afidavits on the matter to be found elsewhere
will be seen our authority. These relate prin-
cipally to accounts Of a conversation with Mr.
Allen, and responsibility reiterate that he seve-
rally told the atlantis that Mrs Putnam had
received fifteen thousand dollars for her letter
to the Governor. These affidavits are made
| by Austin G. Putnam, brother of the MUIR
dered man; H. Henneberger, surviving bust
ness partner of the murdered man, and Will
liam A. Covert the murdered mans successor
in the firm. Mr.. Allen, who spoke so freely
to the HERALD reporter before the publication
OF the matter, now declines to say anything
This change of tactics is especially repre-
hensible in his case in view of the denial by
Mrs. Putnam. II she denies the receipt of
the money why does not he deny his con-
versations, or the statement of alleged facts he
made therein.
We submit all these things to the public as
matter of history. They do not make
straightforward showing for those one might
suppose interested in denying such lavish use
of money in behalf of the condemned MUIR
derer. 1t is painful for journal actuated
only by the highest motives Of public interest
to find itself placed by interested outsiders in
the position of clamoring for fellow beings
blood To the cry for mercy it is hard to turn
an inattentive ear; but the higher issues of
public safety demand only the sternest justice
from journal like the HERALD. Pity for the
man condemned to the gallows or sympathy
for his family is very different from condoning
his crime at the expense of the community.
To assail the Executive with sentimental cries
for mercy on one side and with bllingsgate
epithets on the other is not the mode of seeking
Communication of sentence which deserves
attention. The Governor has charge of the
matter, with full sense of his responsibility
upon him, and we trust he will view it from
legitimate grounds alone.
The Disabled Cable.
The late tidings of the silence of the At
lantic cable of 1865, while causing temporary