Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-03-19

twenty-five frame buildings, twelve of
which were stores and shops.
The strike Continues ON sne st. Louis
and EOrshwesfern Railway
ST. LOUIS, March 13-The strike on
the st. Louis, Kansas City and North
western railway still continues. Trains
have been stopped at different points
to-day, and the strikers seem determined
to suspend operations Of the road.
Armed police from this city are at va
rious places along the line but they are
not strong enough to prevent the mob
from at least partially carrying out their
designs. The military has not been or
dered out as reported last night. Some
of the trains moved from Moberly to-day
under guard of the police and
comparative order prevails at that
point. The engines detached there yes
terday morning were placed on the
track again during the day, the working
force being protected by the police, and
the road is now clear. The train that
left here last night ran into pile Of
ties placed on the track on st. Parks
grade. The engine was ditched, but no.
body hurt. Grand Chief Engineer Wet
son will arrive here tonight, when a
compromise is expected TO be made.
About nine O'Clock this morning
bridge crossing a small stream, few
miles above ST. Charles, was fired, and
one span burned. The damage was re-
paired in about three hours, however,
so that trains could pass. Quite num-
Der of strikers We're arrested in Oberly,
to-day, and several were arrested yester-
day at Lexington Junction and placed in
the Richmond Jail. Another engine was
ditched at st. Charles tonight. The
railroad company offered an aggregate
of twenty-five hundred dollars reward
for the arrest and conviction of the par
ties engaged in ditching the engines at
Moberly, cutting the telegraph wire at
Montgomery, burning the bridge at st.
Charles, and doing other damage at diff
ferent points on the road. Grand Chief
Engineer Wilson arrived tonight, and
is now in consultation with General Su-
perintendent Van Horn.
why Governor Dix Cannot Commute
rosters Sentence.
New YORK, March 18.-Governor
Dix has written letter to Rev. DIR.
Tying declining to interpose executive
authority in the case of Foster, now
under sentence of death for the murder
of Avery d. Putnam, and stating the
and considerations upon
which his decision is founded. A large
part of the letter is devoted to review
of the history of the murder and trial,
and the efforts made to obtain from the
higher courts, including that of the last
resort, reversal of the decision of the
lower court. The governor says the
evidence demonstrates murder to have
been premeditated; that the weapon
used was murderous one-a fact which
Foster, having been a street-car con-
ductor, well knew when he deliberately
chose it as a means of accommodating his
purpose. 1.-THE question presented to
me,n says the governor, "is whether i
shall interpOse the executive author
ity of the State, and commute
the penalty Of death, which the law
awards to the murderer for imprison-
ment for life. In support of the appli-
cation it is urged that the verdict was
accompanied with a recommendation to
mercy, and that it is the duty of the ex-
ecutive to consider one as part of the
other. This verdict and accompanying
recommendation, together with the
statements and affidavits of large ma
jority of the jurors declaring that some
OF their number did not believe Foster
intended to kill Putnam, that they
thought Imprisonment for life was as
great punishment as he deserved, and
that they would not have agreed to rem
der a verdict of murder in the first de-
gree if they had not been assured by one
of their associates, who professed to
have a knowledge of the law, that the
verdict coupled with the recommenda-
ton would insure a Communication of
sentence.
The governor states that it has been a
source of great anxiety to him in COM
ing to a right decision, but adds the pre-
cedent of admitting after revelations of
the secret consultations OF the jury room
for the purpose of annulling verdicts
rendered as true under the solemnity of
an oath, would be perilous in any con-
ditiOn of society, and in the present de-
fiant reign of crime such a precedent
would be fraught with infinite danger
to public order. With the firm
conviction that there was no
error in the ruling of the Judge at the
trial, and that the evidence fully war
ranted the jury in rendering q verdict
of guilty of murder in the first degree,
there is nothing in the case which can
justly commend it to executive Glenn
ency, and he cannot interpose to miti-
gate the punishment. If he did disre-
gard the evidence and judgment of
the courts the inevitable effect would be
to impair the force of the judicial de-
cisions and break down the barriers
which the law has set up for the pro-
lection of human life. So far as it de-
pends on me the supremacy of the law
will be infiexibly maintained. Every
man who strikes a murderous blow at
the life of his fellow manlmust be made
to feel that his own is in certain peril.
If we cannot by firmness of purpose
obtain this end we may soon be forced
to acknowledge the disheartening truth
that there is nothing so cheap or so i'll
protected as human life.