The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1873-03-22

appeal 10 the governor for communication OF
Fosters sentence, described him as young
man who had been familiarly known TO him
from childhood. "He grew up In The Sunday
school and congregation of my church here,
added Dr. Tyng;;" he was always quist, In
dustrious boy-he grew up an Industrious
and we'll behaved young man-he has never
been bad man or drunkard." Mr.. John
Foster. the father of the murderer, wrote to
Governor Dix: mo act Of my sons life gave
any indication that under any circumstances
would he be led to commit an act of vio-
lence" These favorable accounts from Fos-
ters friends, however, were contradlcted by
the mans Intimate associates. They described
him as oEe who had abandoned himself 10 q
| life of dissipation. His father, who is q per-
son OF means, had made every effort 10 re-
form him, and had several times started him
In busness-once being In the livery busl-
ness. He had, however, become disgusted
| with him, and refused 10 have any more to
do with him.
FOSTERS LAST SPREE.
Foster got situation on the Seventh
| avenue and Broadway Line as conductor. On
the Monday night preceding the murder he
asked to be excused from duty, saying he was
! going to ball. he was again at the office OF
the company on Tuesday, but was otallowed
to run his car because he was Intoxicated.
FROM that time until Wednesday night he was
continuously drunk. He had wife, who ap.
| pears 10 be an estimable woman, and four
little children. His family was very respec-
table one, and one of his uncles was man of
large wealth. VIM. Foster was the "black
sheep" Ct the family, and like most human
''black Sheep" comes TO shameful end.s
The trial began on the 18th of May following
the murder, In the Court of Oyer and Termi-
ner, before Judge Cardozo. District Attorney
Garvn appeared for the people, and ex-Judge
Stuart and Mr.. Bsrtlett for the prisoner. Six
days were occupied In empaneing jury, the
theory under the New York law being that no
citizen who has formed previous opinion OF
the guilt of The prisoner is eligible for jury
man. A crime 90 widely known as Fosters
rendered it difficult to procure twelve unpreju-
diced men. The case, however, opened on
the 23d instant, and the verdict OF guilty, with
recommendation 10 mercy, was rendered on
the 25th. The scene In court on the latter oc-
casion was painful. Mrs. Foster, who was
present, sobbed In a piteous manner. Foster
did not manifest great deal OF feeling. He
showed some nervousness and hung his head
for moment, and that was all.
THE SENTENCE.
On the next day, however, when Foster
was brought up for sentence, his demeanor
was different. He seemed to be Impressed
with the seriousness of his position. He was
very nervous, and his poor wife, who clung to
his side, sobbed throughout the proceedings.
When Judge Cardozo asked him what he had
to say why sentence Should not be pronounc.
ed, he eaid: ~ had been drinking good
deal that day aud night; had no intention of
killing Mr.. Putnam -" Here he broke
down, weeping bitterly, and then resumed:
" did not know at the time what was
doing" He was sentenced 10 be banged on
the l4th OF July. 1871.
Early in July the friends of Foster were
stirring, and an application for commuta-
tlon to imprisonment ior life was made to
Governor Hoffman. On the 9Th Instant writ
of error was filed and stay of proceedings
grants d BY the Supreme Court. The case was
not reached for eight months afterwards; Fos-
ter lying in the Tombs in the meantime. On
the 2lst OF February the Judgment was
affirmed at the general term, and Foster re-
celyed his second sentence 10 death-the 22d
OF March being he time fixed for execution.
Ingenious counsel, however, succeeded in
procurlas another stay OF proceedings on the
llth of March. and for ten months longer the
case was lett in doubt. 1t was argued In jan
uary last before the Court of Appeals, and
Judgment was again affirmed, and the TIN OF
March appointed for the execution. Governor
Dix granted q reprieve for two weeks, and
that time expired To-day.
The STRUGGLE TO SAVE FOSTERS NECK.
Ever since the commission Of his crime,
Fosters friends have labored necessarily to
get him clear. When tnat hope vanished,
they endeavored to procure commutation OF
his punishment. The wealth of the iather,
and not little OF the means OF the other rea-
lives. have been lavlshed to save the family
from the disgrace which impended. A power
full effort was begun about six weeks ago to
Influence Governor Dix, aud the community
at large, In favor of commutation. Af1daVlls
from majority OF the jurors were presented,
declaring that some of their number did not
believe that Foster intended to kill Putnam,
an that they would not have agreed to render
verdict of murder in the first degree
If they had not been assured by one OF their
associates, who protessed 10 have knowledge
of the law, that such verdict, accompanied
by a recommendation TO mercy, would Insure
a commutatlon of the sentence. Supplement-
ing these afidavlls were letters from Rev.
Drs. Tying and Walker, testlfying to the previ-
ons good character of the condemned, and
opinions from such eminent lawyers as Will
liam NJ. Evarts, Judge Davis, Judge Leonard
and Hon. Abraham R. Lawrence, to the effect
that Fosters crime was not murder In the
first degree. Many prominent citizens signed
a recommendation for mercy, the father Of
the prisoner made pathetic appeal, and two
physicians testified that IL was doubtful
whether Mr.. Putnam's death was really occa-
stoned by the blow from the car hook.
MRS PUrNAMs INrERcEssIoN.
The most effective of these papera, however,
was O letter written by Mrs. Putnam, the
widow OF the murdered man, imploripg mercy
for Foster. Probably no such enginery was