The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-15

into SIM Neither should they affect the
woman and interesting children should have
made his home dear to him and withheld him
from drunkenness and rufianism. Hence
the almost superhuman efforts made by
all his family in his behalf were
the true and praiseworthy promptings of
proach should ever be uttered against them.
The duty of the HERALD in this distressing
case has been no less painful than that i'm
posed upon the Governor. While we have felt
as sincere pity for the family of Foster as could
be entertained by their nearest friends, we
have been constrained to study the public
interests and to insist that mercy to
the individual should not be yielded
at the price of cruel injustice to the people.
Rufianism has been and is still rampant
in the city, and the palsied arm of Justice has
hitherto been pc werless to check its infamous
ton of the law that short time ago
assassins did not dread to perpetrate their
crimes in the broad light of day. 1t
was the duty of an Independent press
to stand forward as the protector of
peaceful citizens and to demand the
offenders The newspaper that for sordid
motives, or through any other inducements
can be tempted to palliate the offence Of a
murderer, or to intervene between the gallows
and it's lawful pray, becomes the accomplish
of rufians and assassins. 1t has been charged
that the HERALD is bloodthirsty that it has
followed the criminals who populate the
Tombs as sleuth-hound follows its victim.
We can disregard oil such revilings, for
in insisting upon the exaction of the full PEN
atty for murder we have been in truth most
merciful, for we have helped TO check the tide
of rufianism which was fast overlooking the
city The life of the murderer is not the only
stake in this fatal game. The life of
the victim and the peace and happiness
of the innocent relatIees of both are
to be taken into consideration, and it
is false humanity which prompts
us to ignore all these for the sake of prolong
ing the days of convicted assassin. These
considerations alone have prompted the
HERALD's course and will induce us to con-
tnue our demand for the exaction of the
penalty of death in the cases of other muir
derers yet untried or unhung. These con-
siderations prompt us, while deeply SYM
pathizing with the family and friends of
Foster, to applaud the firmness with which
Governor Dix has resisted the vigorous
assault made upon his feelings, and
his own heart was lacerated by the sting Of
death, ''the convicted murderer must surely
die on the scaffold."
His task is not yet accomplished. Gaffney
has been hung in Buffalo Foster is to be
executed in New York. The crimes of both
of these men were committed under the frenzy
ing influence of liquor. Wild with drink and
incensed by losses at gambling, Gaffhey rushed
upon his victim in the street and killed him.
Wild with drink and incensed by quarrel in
street Car, Foster rushed upon his victim and
took his life. Tho law is indicated in these
cases. 1t is shown that the murderer who.
under the excitement of furious passion, kills
fellow being must pay the full penalty of his
offence. 1t may be true that he was beyond
self-control, that he pulled the trigger
or struck the blow unconscious Of
what he was doing; that he became muir
derer without premeditation-almost without
thought or knowledge of the act but he
must die upon the scaffold nevertheless. So
far ~ uood the eYamn1e was needed Rut
now that the reckless, unrefecting, drunken
murderers ore properly dealt with, it is time
to turn our attention to the SOBER cal
culating assassins, who premeditate their
cowardly crimes, who track their VIC
Tins to o convenient spot and shoot
them down like rats in trap. Gaffney
is gone /: Foster is to follow; how long
shall the murderer Stokes be permitted
to cheat the gallows2 His fate is already
sealed, for the Governor, who has refused q
communication to GaAney and Foster. could
not even entertain an appeal for mercy for
the deliberate and calculating assassin.
The singular interposition of Judge
has for time averted his fate, but the Court
cannot and will not make mockery of justice
by granting him o new trial, and the decision
of the Governor in his case is recorded in
advance Justice requires his lfe Let us
hope that her demand will not be long re-
fused.
Two Executions in Illinois Yesterday.
Illinois has been awakened recently to the
A.