New-York tribune., 1873-02-13
THE FRUIT or DELAY.

THE FRUIT or DELAY.
1t was currently reported yesterday that a
petition, numerously signed by reputable
citizens, had been presented to Gen. Dix ask
ing the exercise of Executive clemency in the
case of Foster, the car-hOok murderer There
could be no better commentary on the
wretched system of delays and uncertainties,
which have robbed the law of all efficiency
and virtue in criminal cases III this city. Let
us look once more at this matter. Two years
ago this man committed wantOn and afro
cious murder. lie had been drinking little
not much, but enough to make him feel COM
Portable and insolent. He was simply jolly and
humorous, ready to kill on slight proyOcatlon,
like the young mar Rodgers, recently
hanged for "laying out" policeman on
his beat, by way of lark. Foster was
man of great muscular power, no
conscience at all to speak of, bullying and
overbearng habit. He was one of those loaf
ers whom every one has met in crowded cars
and public places, a little better than the
murderous denzens of the worst dance
houses. Several months ago one of them in
suited woman on the BOwery, and when her
husband remonstrat ed knocked him down and
killed him. On this especial evening, Foster,
who had been Car conductor and had been
dismissed for his worthlessness, entered a car
of tho Broadway line open for any fun which
might present itself. He saw young girl,
and after the manner of his kind insulted her.
The gentleman who was escOrting the young
girl and her mother to church took seat
4 Al. IL.
from him. No rough will stand any such
aifront as that 1t would injure his own self
respect if he passed it by without laying out"
the offender. Foster abused Mr.. Putnam for
awhile, but not bein,, able to draw him into
quarrel he asked him how far he was going.
Receiving no answer, he said deliberately,
" / will go as far as you do, and when you get
"off | will give you h-ll." He then went
forward aud asked the driver if he had a car
hook and when Mr.. Putnam was assisting the
ladies to alight, Foster ran to the rear end OF
the car and crushed in his skull with the car
hook
The case excited universal attention.
Every one was interested in it. Every
man in New-York travels more or less in
these cars, and so do the wives and daughters
of the great majority. Roughs like these are
as dangerous and irresponsible as wild beasts.
There is no protection against them. The
conductor is usually afraid of them; he thinks
it is none of his business to get a broken
head or q bullet IN his ribs Public opinion
therefore declared very clearly on this case.
Yet the singular and instructive fact was that
though every one was aware of Fosters guilt,
nobody believed he would be convicted.
His parents were wealthy and bis law
yers were active and ingenious, and people
took it for granted that in some way or other
they would weather the law. The evidence
was too clear, and he was sentenced, to the
satisfaction of the public. But the machinery
of the defense was again put into action, and
we have seen year of legal mancuverng
end in a re-sentence. Now no power on earth
stands between this convicted murderer and
his lawful doom except the Governor of the
State And, as we said i'll commencing, the
Governor is to be worried with petitions from
respectable sources asking for mercy.
On what are these pleas founded' Not
on any doubt as to guilt; the murder was
proved abundantly. Not on account of the
personal merits of the criminal; he Is man
useless to his family and to society. Not on
grounds of public expediency, for III no case
was exemplary punishment more required.
There is one reason, and only one, for this
display of sensbility. The murder was COM
mitted so long ago that it begins to be for
gotten, and the convict has become more an
object of interest than the victim. His execu-
ton would now seem rather a consequence of
the trial than of the crime. So the advocates
of the prisoner who have succeeded in post
pOning punishment so long say that it is now
too late to make it effective. 1t is
as if creditor should say, Gas | did
mot pay that note when it was due, and when
"you wanted the money more than you do now,
eve may as well let the matter drop"
We do not know that the hanging of this
especial criminal will do any good to society;
but we are very sure that the long delay in
hanging him, the uncertainty which has rested
on his fate after the certain proof of his
crime, has been and is in the highest degree
injurious to the cause of law and order in this
city, His prompt punishment would have been
a lesson to ruhians. Let US hope the delay
may be lesson to everybody
----
WILD OATS
The other day one of those sad litie indl-