The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-28
A Respite OF Three Weeks 10 Another
Convicted Murderer.
Henry Fralich, Of Syracuse, Not To Be Hanged
Until the 18th OF April-GoveTnor Dix Again
in Dilemma-His Official Lettersz1n-
flexible, but New Trial Probable.
TEE MURDERER IN HIS CELL.

shadow OF the gail0ws, with, however, faint ray
OF hope for pardon from Governor Dix, who seems,
notw outstanding to be ~ nnexible and AZ fall Of
that supreme decision OF character In this az IN
the Foster case. Both csses were not very
unlike in their origin, as each deed may he said 10
have been perpetrated through sudden freak Of
anger which stimulated passion to the accom-
piishment OF crime. vast difference, however,
has been made manifest In their development
Foster WAS intelligent and partially rehIed IN the
better traits OF his personal characterFralicn is
ilhterate, unedncated in the widest sense Of the
word and in his appearance shows traces Of a most
excitable temperament and reckless, dangerous
disposition, which your correspondent. in an inter-
view with him this morning, could notice even in
the tamest moments OF MS imprisonment.
The f0IlOwingi
SKETCH OF HIS EVIL DOING,
of his trial. conviction ana sentence OF the reasons
which led Governor Dix to grant him a respite of
three weeks, anu finally Of your reporters inter-
view with the unfortunate man and his counsel
this morning. At the September Oyer and Ter
miner Court held in Onondaga county, In 1872
Henry Fralich, q Fourth ward Dutch syracusan,
was indicted for the
MURDER OF PETER SHARPER
at Syracuse the 80 Of August, 1872. ihe prisoner
pleaded mot guilty. and the trial was postponed
Butterheld were appointed associate counsel
for the prisoner On the 18th Of January the trial
was opened by the District Attorney lasted three
days and resulted In the conviction OF the prisoner
Tor murder in the first degree.
THE FACTS SHOWN IN THE TRIAL
were that the prisoner with DayOnet which he
held in his hand stabbed Peter Shairer on the 80
day OF August, 1872, in The left lung, from which
wound he almost Immediately died.
Two witnesses proved the wiliul preparation Of
the deed, one OF whom was in the saloon at the
time, and the other IA casual observer from the
door OF a nelghborng dwelling house.
The District Attorney reviewed the whole facts
of the case in strong and effective language.
Judge Morgan charged the jury, who returned a
verdict OF
MURDER IN THE FIRST DEGREE.
Counsel for the prisoner made out a bill of ex-
ceptions, which was settled on Friday, February
81 The DEFENDANTS counsel also made q motion
on February Ia for a new trial on the ground that
the jurymen were not properly summoned before
whom the prisoner was indicted and tried, which
the Court subsequently Overruled.
On the Attn OF February last
THE PRISONERS SENTENCE
to be hanged was fixed for to-day, but was pro-
longed until April IS by the Official interposition
OF Governor Dix, under the following circum-
stances:-
Alter settling the bill OF exceptions, the prs-
oners counsel made application to Judge Morgan
for writ OF error to remove the proceedings to
the Supreme Court and for an order to stay
proceedings upon the judgment. The writ
of error was allowed, but the Judge declined to
stay the proceedings, so that the only course left
Tor the prisoner to pursue was TO make application
to the Governor for commutaton OF his sentence
to imprisonment fer lile
A RESPITE OF THREE WEEKS.
Following a despatch to this effect from Mr..
James Noxon prisoners counseD to Governor DIX
came the appended correspondence
ro .xu. xox s,.u. ALpAsy, March sS la7s-b:loP.M.
ina nothing in the case Of Fraich to Justify in
grounds OF application for trial but for Execu
ye he give time make such
OF oumbo Apo vs. The People, New Y9rk reports asl
MR.. NoxoN's REPLY.
SYRACUSE, March 2a 1873
In behalf Of Fralich, and as his counsel apply for
o S o. s nave been settled and Of
move Tor new trial on newly discovered evdencs 70
NE S mt, ,Ss 3
term to be held April Please answer 1e 'e's 0f the
Respectfully yours .
THE PRISONER REspIrED.
JAMES Noxos Syracuse. n Y. ALBANY March 70 1873
have telesriphed to the Sheriff that The execution
mail N' VIC ION april JOHN A. WIS pix by
DESPATCH TO SHERIFF EVANS.
Alna E4nf TaTsb G g is1s
To WILLIAM EVANS sheriff Of Oaondaga county
's.s % sSS the @ April The
The letter Governor Dix refers to in this last was
received yesterday through the Pardon Clerk, and
the purport OF 1t Is gwen underneath
sheriff Evans was making the necessary arrange
ments for the execution when he received the
above despatch from Governor Dix informing him
Of the respite OF Frali"h while during the greater
part OF yesterday the morbid procllvties OF syria.
cusans in general were laid bare by their eager and
continued conversation on the late Of the poor un
fortunate man.
INTERVIEWING PRISONERS COUNSEL.
Your correspondent visited Mr. NoXon this
morning TO learn rom him the purpsrt Of the
pairing his last e1ort in behalf oil the condemned
prisoner. He said new witness had turned up
IN tins Casa Mr.. williams-a man OF character, |
whose very important evidence ne had already !
TO the Governor, in reply to which |
was the last official letter from him. which |
he mr. Noxon, held In his hand. Beng private he |
would read 1t, but did not Wish to have 10 copied
FOR publication. II merely contained brief review
DI the following aridavit made by Williams. who |
now turns up to show that death was the result OF
IN accident, aud stated that the respite already /
given may aiord time OF preparation Ter new |
trial.
WILLIAMS AFFIDAVIT.
When was about opposite Fralich's house Fra
and Club in his right hand Fraoh went dec, n1n to
ne de9r 81 naGo eo ; s sad therein
md renamed sahnr there rom one 70 TWO VI Minutes nam
said saloon he met 6y Mrs schse the %, Hi
b eha acn Ss w a r seized n%
With the club, which he held In hi right hand upon her
head Peter schaner, who stood al the easery FUR
her end OF said barroom, Immediately spruu1
Onward towards Fralich and grabbed hiai
over backwards upon the door Frarh
ell partly upon his back with his head resting against
he partition said saloon As fralich fell he held the
,ayonet in mis- eN hand by the blade grasping it at
ibvut equal distance from each end Ut the bayonet
re handle 10 the bayonet was resting upon the body OF
r. Ss e ss Se ss eSasr arew SssH
wards he tell upon Fralich and this bavonet aud as
he fell upon him Schahcr said, So you YOU have
stabbed mem After Fralich struck schatcrs wife he d
lot advaace towards schafier did he any time
ny presence attempt TO the bayOnct AGAINST
Peter schailer or to stab him herewith. Immediately
liter they tell upon the floor and had seen the above
ransac ton went upon my way and policeman
Ind told him ne probably needed at that saloon. At
he time lett the saloon was not aware homicide had
been committed.
Mr.. Noxon hopes from this last intelligence that
he Governor may be pleased TO extend the respite |
o June 70, in order taat Frach's case may be pre-
pared and taken TO the June General Term.
THE SIXTH CORPORAL WORK or MERCY.