New-York tribune., 1873-03-22
THE MORAL or THE FOSTrR CASE.

The long duel between Foster and the law
ended yesterday morning in his defeat and
death. Few cases have excited in an equal
degree the sympathies of many and the in
terest Of all. Our judicial annals probably
present no instance of such strenuous and
persistent effort made by the friends of a con-
Wet 70 obtain Communication of his sentence.
Their energetic affection spread its cOntagiOn
on every side. 1t secured large and most
influential adhesion from the best people OF
New-YOrk Our first clergymcn, our first
lawyers, our first business men joined their
representations to those of the afflicted family,
begging the Executive interference in a series
of letters, as remarkable for their skill and in
genuity as they were for their genuine feeling.
There seemed at one time 10 exist
something like general desire for a
commutatiOn. Most people are so constituted
that they are unable to see fellow-creature
facing death for long time, without a feel
ing of sympathy. We saw a remarkable in
stance of this fact during the illness Of the
Prince of Wales. 1t was a natural movement
of human compassion, and 1t was mistaken for
an outburst of loyalty. In the case of Foster
it was nothing more, and 1T called itself
by the name of Justice. When it was strong
enough to sweep away our greatest jurists, it
is no wonder that it should infect the jurors
who gave the verdict. A majority of them
asked for a commutatiOn on the ground that
they did not know what their verdict meant.
1t would be hard to imagine more powerful
pressure than this.
To resist it, the Governor went through the
same process of reasoning which was employed
by all thinking men outside of the sympathetic
circle so strongly influenced by Fosters friends
He recalled the circumstances of the case !;
Foster slightly intoxicated and therefore dan
gerous a young woman who attracted his notice
and his insults; man who interfered to prevent
a repetition of them an alteration between
the two men ending in the threat
of Foster which showed his deadly purpose ;
his sullen nourishing of this purpose while the
street-car moved three-fOurths Of a mile the
deliberate choice of murderOus weapon; the
stealthy and savage attack, and the fatal re-
suit. All the facts necessary to constitute the
crime of murder were of record, testified to
by sworn witnesses. The points of law
had received sufficient consideration
at the hands of every tribunal into whose
jurisdiction they could possibly come. There
was plainly no case for interference, and the
sober thought of the community fully justi-
fed the Governors refusal to interfere. There
was not only nothing in the case which re-
quired communication of the sentence, but
there was q state of public feeling and con-
viction which would have rendered such q
measure no less than calamtous
Now that the forfeit exacted by the law has
been paid, we have nothing to add nor to re-
tract from what we have formerly said of this
and similar cases. The execution has done no
good, it may be said. 1t has profoundly and
painfully impressed the sensibilities of the
city. But we were placed in a situation,
created by the crime of Foster and the
faults Of the law, where there were only
two issues, and both of them Objectionable.
We are convinced that mercy to him would
have been great public error and damage.
We have no respect whatever for the galows
as moral or civilizing force. But while it
lasts it should not remain a mere scare-crow.
We do not believe in the law of hang
ing. But all law ia brought into con-
tempt when convicted murderer is not
hanged. The letter of Mr.. Bovee,
which we print this morning, shows how
il the assumption that the gibbet is
a deterrent of crime. Bat the efforts of those