, 1873-03-21
GOV. DIX ON EXECUTIVE cLEMEN0Y,


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| GOV DIX ON EXECUTIVE CLEnEN0Y.
Tho 1otter which Gov. Dir, Of Now York, re-
Gently addressed to the Nov. Stephen H. Tying,
D. D., setting forth tho roasons why ho declines
| to commute tho eentouco Of death In tho cpBo OF
Foster, tho oar-hook murderer, is IN ablo md
concise roviow Of tho circumstances Of tho caso,
mud presents tiB REASONS. with tho rulings and
| Judgments Of tho courts, In such broad and
comprehensive n'annor, that their appli cation is
| not confined to tho FoBtor case. Gov. Dir do
parted from tho usual custom in undressing Ilig
lottor to DR.. Tying, hocauso tho lattor waB tho
frnt to apply to Gov. Hoffman md hinao!f for
tho communication, and bocnuso lo lad boon Tos-
tor'a curly spiritual advisor.
Tho Governor commences his letter with a
cloar and explicit atatoment Of tho circ,mstancoa
Of tho caso aud tho considerations which lod hin,
to his conclusions. The frat point which he
makes III TINT Fostor, after nIr. PutnamB ron1on-
strauco with him for Insulting tho 1adioB who
woro in his Charge, said to him: "Woll, nm
going rs fur as you 60, and before you loavo this
car I will gtvo you hell" This romark plainly
showed tho determination which Was formed
without any provocation On tho part of
Alr. Putnam. The second point which
lilo Governor makoB shows that tho
decd was not tho result Of q suddon act Of pas-
zion. but was promolitatcdly designed, inas-
much as tho car passed from Twonty-nuth to
Forty-ulxth stroot, about tlreo-quartogB Of q
mile, before ho struck tho fatal blow. Tho third
point, III connection With tho decd itself, ia tho
fact that Foster solicited tho car-look, m in
atr11uaent with which ho wns familiar, having
been car-conduetor hmsoli, In spite of tho
renaonstrances of the driver. This weapon
was m iron rod, moro than two foot in
1ongth, having at ono cnl double
uoil Of IRON from an inch md . quarter to m
inch and d half in circumference, which wnu
capable in tho hands OF n OF ordinary
stronSth, without any extraordinary effort, Of
fracturing tho skull at evory blow. Those points,
therefore, satisfactorily demonstrate that Fo5.or
had no provocation whatovor to commit tho
doud, thai ho waB not actuntod by any sudden
impulse, ind TINT he solocted weapon for tho
commission Of tho doed which ho luow to bn O.
deadly ono.
Having royiowod the circumstancos surround-
ing tho cosn1nisson Of tho murder, tho Governor
tlon briefly but succinctly atatos the aspcctu OF
tho case while it was ponding in tho courts, and
shows that Foster, having bcou convicted upon
the ovldonoo Of murder in tho first dogroo, aud
tho ncsion Of tho Judge before whom ho was
trloa having boon affirmed by tho two judicial
tribunals having cognizanco Of tho caso,-t1o
latter the court of lust resort t-all tho romodios
for contosting tho rulings Of tho judge In tho
lowor court have boon exhausted. The wfole
question, therefore, is loft with no other ayonuo
OF horo except In tho interpretation Of tho Exoc-
utivo to commute tho penalty which tho law has
pronounced to Imprisonment for life. .
The Governor thon turns to tho Influences
which have boon brought to bear upon him to
olfoct tho communication, aud those ho oxumiues
in the most exhaustive manner. Tho most i'm
portant Of those wero tho cx-parte aillayits and
writton statomontu Of Jurors WHO joined in tho
verdict agains. Fostor, to tho ofrcct that thoy
would not hayo agreed upon q verdict OF murder,
involving tho ponalty Of death, it thoy hud not
supposed that nuch yordict, accompanied with
o recommendation to mercy, would hnyo insured
q communication. Aftor alluding with somo
surprise to tho faat that tho Jurors
should have allowed two yoars to olapso
before they mado their opinions publio, Gov.
Dix disposos Of thoir atlilavts mud stato-
nonta In tho closest aud most convincing mau- |
nor posnihlo. Ilo iirat shows that it is sottloQ
principle III New York State taat es-pgyts affl- |
t1avlln, or statements by jurors iupoacltng tho
vortlioth Tiny llayo rondorosl ,1ntlor lilo ropponsi
blity Of ti,oir oatB, ca1lnot DO received by tho
courts III support Of applications for now trinls,
sonlo Of Tho roasona wliuh govern courts ho
thinku should govern tho Executive iu appioa-
tiona for communication.
With rogart to tho appeals OF coansol antl cit
zonB, tho Governor anat'narly dspoHoH Of tlo1n
yath tho ntAto.ncnt tint ho IL firmly convinced
horo VIVA no error in tho rulings Of Inv, in tho
,yidonco, or iu tho finding OF tho jury, aud,
horoforo, That thoro IL nothing III tho case
sleh com1nonds 1t to Executive oemonoy,
Tho ilrm refusal Of Gov. Dir to place h1nsolf
boyo tho law and aot asltlo the Judgment Of tho
'lgllcst judical tribunals Of tho State, tlloroby
omoylng tho barricra which tho law has aet up
or tho protection Of aocioty agaiat criminals, ia
sortlly OF tho highoHt colnmentation. 1t arguoa
determination on Ills part to enforce tho
'onattos which tho law haa provided for tho
punishment Of murder, and that ho ia guided
II llia decisions by regard for tho public aafo-
and not by any tentlor-hoartotl aontimontality.
'ho Communication OF Fostor would, OF necessity,
ayo involved tho communication OF every mur-
erer In tae Tombs, for whore one reason could
70 urged In Fostor's bchalf dozon could DO
rgod for thom. Thoro was no provocation
'hatoyor In the caae Of Foster, while in the case